Car, Motorbike Accident

[stevenl]

Where he was parked, across the while line I believe, it was illegal to park. So the reasoning was very simple: you park where you're not allowed to park, somebody runs/drives into you, you're to blame because you were there illegally.

You can park on white lines. Limited parking on yellow. No parking on double yellow, or red.

I think thems the rules. Correct me if I'm wrong.

If I recall correctly in that case the fact that he was parked illegally was not disputed, one of the arguments was 'he parked there every day'.

[stevenl]

You were at fault. No way you can proof he drove too fast, he can proof you did not look properly. So yes, you have to compensate.

Always call your car insurance btw, they will help you because they don't want to pay.

His reaction was uncalled for, make a claim of misconduct at police station and go to court.

"make a claim of misconduct at the police station and go to court." :) :) :)

Agree, won't do it myself, but with the Thai legal system there are no other options that I can see.

[carmine]

thx 4 the post

note to self; continue to NEVER drive in thailand

i have to say that if you really don't need to then this is good advice. On Samui, unless you are lucky, its generally ALWAYS going to be deemed your fault because apparently if we were'nt here, then the accident would'nt have happened.

[NamKangMan]

thx 4 the post

note to self; continue to NEVER drive in thailand

That's still no good. If you are a pedestrian and a Thai riding a motor bike runs into you, it's still your fault. :) :) Everything is "the farang's" fault - we are "aliens." :)

look at the stories here saying otherwise, and I also have experience otherwise.

I was being sarcastic - however, there is some truth to this Thai way of thinking.

[NamKangMan]

"make a claim of misconduct at the police station and go to court." :) :) :)

Agree, won't do it myself, but with the Thai legal system there are no other options that I can see.

Depending on who you are "making the claim of misconduct" against, you may find yourself being thrown, sorry, jumping, off a balcony one night because you were so depressed about your football team losing. Farang who make complaint in Court commit suicide - no more case against you. Bye bye.

[ignis]

Everything is "the farang's" fault - we are "aliens."

No it is not only Non Thais, it also applies to Thai car/truck drivers if there in any sort of accident with a motorcycle.

[richard_smith237]

Everything is "the farang's" fault - we are "aliens."

No it is not only Non Thais, it also applies to Thai car/truck drivers if there in any sort of accident with a motorcycle.

You can't write that, it implies that foreigners here are treated without prejudice - I have you know that I have met a number of barstool experts who testify otherwise.

After reading all the commets on T.V. I am even questioning my own experiences..... in fact now I think about it I must be mistaken, there is no way I could have been treated fairly after after 2 car accidents.

[powderpuff]

note to self; continue to NEVER drive in thailand

Note to self. Continue to never visit Pukekhet.

Warn visitors off it too.

[Fookhaht]

Utter BS. Always call your insurance, don't admit blame, and if you're not to blame you will not be blamed.

But hey, somebody hits you in the side of the car while you're making a U-turn, that is easy. You will always be at fault.

i wouldn't be so sure of that stevenl.

Remember the case of the parked car under a street-light, when a girl on her motorbike ran into it and killed herself? This was on Chao Fah road west.

The owner was an Expat and had to go to court and got a suspended sentence.

I've been rear-ended, and had to pay all damage costs. It's normal if you're the farang, and the Thai is poorer or on a motorbike. All my Thai friends advise me never to call the police--it always complicates the matter, according to them. They suggest try to sort it out as best as you can on the spot. If the other driver is belligerent (as in the OP's case), it's good to know you can drive off and report the matter to a police station within 24 hours. Leaving the scene of an accident in the West would normally put you in hotter water. Need to shake off that idea here.

[up-country_sinclair]

You should have called your insurance company instantly.

[wandrinstar]

When in Rome, next time just drive off. Thai Style.

[Fookhaht]

note to self; continue to NEVER drive in thailand

Note to self. Continue to never visit Pukekhet.

Warn visitors off it too.

i just came back from my (last ever) holiday in Phuket. The number of foreigners limping around in casts, bandages, using crutches and sporting huge swathes of "road rash" is ludicrous. I assume from trying to drive motorcycles on the roads there. In 24 hours I saw more foreigners run into the ditch on mountain roads, or motorbikes dumped over on the road, than I've seen in a year upcountry (where it's pretty bad too). Bad mix: Thai driving habits + new foreign tourists on rentals + consequences of an accident.

[LivinginKata]

When in Rome, next time just drive off. Thai Style.

I know a guy who did that, did not report it, was found, imprisoned, big fine and compensation to dead girl's family, deported.

[MisterMan]

Yep, even if the motor bike is not legal, the driver has no licence, not wearing a helmet. Always will be the Farang's fault and payment/compensation will be demanded.

Not correct. Had a motorbike jump a red light in front of me and I broadsided him. The police took my license and the car had to be towed to the station. When I went with my secretary to the station later that day to get a letter as to why I had no license with me in order to drive a loaner the police returned my license and informed me that a witness had come forward verifying my account of things.

During the several meetings at the station with the mc driver the police was clearly on my side due to the witness and circumstances (mc drivers jump that light regularly). Anyway, after the police got tired of listening to his arguing I was at fault they closed the case citing him.

The mc driver took me to court on criminal charges for negligence and lying to the police. He managed to 'dig up' a witness several weeks after the fact, a friend of his. The judge dismissed the case with no chance of appeal from the other party. He is now being charged by the attorney general and has to go to court to defend himself. If they had accepted my nam jai offer of paying for half the repair costs, requested by his parents, it would have been over a year ago.

BTW, definitely contact the insurance company immediately - they were brilliant in handling the entire situation including supplying a lawyer for the court case.

just for future reference what insurance to you have?

also is this really true:

You are allowed to drive away and report to the closest police station within 24 hours.

[Tywais]

just for future reference what insurance to you have?

also is this really true:

You are allowed to drive away and report to the closest police station within 24 hours.

I have Viriyah Insurance and they were brilliant in handling it from start to finish. As for the 24 hours, I have my doubts as I have been told that the vehicles can not be moved after an accident until the police arrive. Personal experience on that also when a car decided to turn left in front of me and I was on a MC. Started to move the bike but witnesses rushed up and waved no, no can't move. However, we came to an agreement on the spot and he agreed it was his fault and compensated. No police contact and went on our merry ways.

[F1fanatic]

You were at fault. No way you can proof he drove too fast, he can proof you did not look properly. So yes, you have to compensate.

Always call your car insurance btw, they will help you because they don't want to pay.

His reaction was uncalled for, make a claim of misconduct at police station and go to court.

Unless things have changed in the past 5 years, forget your insurers 'siding with you' - they will side with the Thai.

Been there, done that and bought the T shirt as the saying goes...

In this case (unlike my husband's) it looks as if the OP doesn't have a leg to stand on - he was turning when it was unsafe to do so. The man on a motorbike may well have been going too fast, but the OP should have seen that and waited until he had passed

P.s. Have to add that the police were actually v nice and realised it was the Thai car driver's fault - but nonetheless they told us that unless we paid (our insurance guy was there too.....) the Thai driver would take us to court. Long story, but I had more important things to think about and persuaded my husband to just 'let it go'.... The insurers paid, but it always left a v bad taste in my mouth.

Edited May 9, 2011 by F1fanatic

[KarenBravo]

Note to self. Continue to never visit Pukekhet.

Warn visitors off it too.

Yes, please do that. Tell as many people as you can.

A Phuket resident.

[Kimera]

Call insurance? Sorry, I'm unable to drive a car (failed my test 34 years ago).

I'm one of those pesky step-thru motorcy drivers...........

That's good, because that means according to your reasoning you're never to blame for an accident.

Good he went to the trouble of getting his motorcycle licence then

[brieno1955]

Note to self. Continue to never visit Pukekhet.

Warn visitors off it too.

Yes, please do that. Tell as many people as you can.

A Phuket resident.

A Phuket resident...but to borrow from another thread...Are you an expat or a farang?? :D Good grief...

[KarenBravo]

Call insurance? Sorry, I'm unable to drive a car (failed my test 34 years ago).

I'm one of those pesky step-thru motorcy drivers...........

That's good, because that means according to your reasoning you're never to blame for an accident.

Good he went to the trouble of getting his motorcycle licence then

Yes, I have a Thai motorbike license. Totally legal.

[Kernow86]

Good he went to the trouble of getting his motorcycle licence then

Yes, I have a Thai motorbike license. Totally legal.

Yeah, do you know where i can buy one of those? I can't really spare the time to drive around a car park doing hand signals.

[madmitch]

Unless things have changed in the past 5 years, forget your insurers 'siding with you' - they will side with the Thai.

You must have been in the wrong if your insurance company did not side with you. An insurer will always side with a policyholder and will never admit liability unless it is obvious. They are there to make money by avoiding paying claims where they don't have to.

The only other possibility in your case is that the assessor was taking a 'commission' from any cash settlement.

Your insurers are on your side and the advice given here about contacting them as soon as possible is correct.