Accidents, What Is The Law Behind It.

[peterdk]

Ok, so last monday had an accident around 2200 in the evening.

I was driving home on my motorbike, and on a dark patch of the road from Rawai to Chalong, I hit this other motorbike.

The other guy (thai) was driving a motorbike with a sidecar ( no roof model ) and he had no working lights.

So I saw him maybe 5 meters before slamming into the back of him.

He was obviously driving alot slower than me, as I was travelling around 60 km/h.

So he was in the so-called fast lane driving what I guess maybe 30 km/h due to the force of impact.

Anyway - I am not here to argue about blame or guilt - so please refrain from that commenting.

Now one week later, the other guy still havent showed at the police station in Chalong, even though they hold both his and my bike there.

Now I really wanted to get my bike out, so I could take it for repairs.

But they wont put my side of the story into a report, before they hear from the other guy.

The police say ok - I can take my bike - but I would have to leave my passport there then.

Now I do work and have been living in Thailand for 6 years ( holding work permit and all ) so I dont see myself as an immediate flight risk - maybe they do ?

So my real question is - can they seriously keep my bike there forever ? ( or until the other guy shows up )

Or should they be able to write in a report, my side of the story and give me my bike, so I can have that repaired.

Without holding on to my passport.

My bike does have the mandatory insurance.

Edit to clarify insurance.

Edited June 13, 2011 by peterdk

[katabeachbum]

They can keep your bike until you and the other party has agreed, or until a court sentence exists and is not appealed

your compulsory Insurance covers medical treatment only, and a very small amount. But even proper Insurance could not have helped you get your bike back until its cleared. Proper Insurance could have posted 200.000 baht bail bond for you to keep you out of jail if there was any casualty in accident

[seriouseats]

You hit stevenl?

[stevenl]

You hit stevenl?

I am not Thai. But could have been, I love driving around in the right lane without lights, waiting for somebody to hit me. I'm getting rich that way

Now I do work and have been living in Thailand for 6 years ( holding work permit and all ) so I dont see myself as an immediate flight risk - maybe they do ?

If he wants his sidecar back, they will hold his ID card, sometimes they even hold the motorvehicle involved in the accident plus the ID card. Everybody here is considered a flight risk.

[peterdk]

Maybe the Police should actually remove the sidecar from his bike - I seem to remember they are not exactly road and safety tested...

[falkan]

they dident want any tea-money?

[peterdk]

They can keep your bike until you and the other party has agreed, or until a court sentence exists and is not appealed

your compulsory Insurance covers medical treatment only, and a very small amount. But even proper Insurance could not have helped you get your bike back until its cleared. Proper Insurance could have posted 200.000 baht bail bond for you to keep you out of jail if there was any casualty in accident

Thank you, that clarifies my question. :-)

[peterdk]

they dident want any tea-money?

Maybe - but we are not at that stage yet ^^

[ScubaBuddha]

I've never understood this policy of the state being able to seize your property for an indefinite period after an accident. I don't know how the public stands for that, especially with the fequency parts get stripped off a bike while in police custody. An acquaintance of mine had the CDI nicked out of his Ninja after an accident just last week.