Innocent In A Car Accident

[sirchai]

Hello,

I've just had a serious car accident on my way to work two weeks ago in my Pick Up truck. I'm working here legally, got a work permit and a Thai drivers license.

A speeding Toyota Pick Up truck made a red light and hit my car very bad on the left side.

. I've got a witness, a hotel owner who saw the accident, waiting on the other side of the red light. My car is pretty damaged and I guess not worth to get it fixed.

I woke up in a hospital and had some serious injuries; they sent me home after six hours. Another checkup at a private hospital 10 days later was showing that I've got more serious problems,like a spinal fracture, not mentioning various stitches in my ear and eyebrow.

We had a meeting with the guy who caused the accident and his insurance guy at the police station. The situation is a kind of weird now, they want to find somebody who'll buy my damaged car, they promised they'll pay for my salary, my pain and will give me money for my car.

Who had a similar experience? Should I take a lawyer now, or trust some spoken words?

I'm still sick for a few more weeks, my car still at the police station and I need some advice what to do. Any help would be deeply appreciated.

I'm living here for almost ten years, but never had such a weird situation. My Thai wife seems to trust the cop way, but something isn't right here.

Would I have the right to get a free car until the problem is solved? I'm really confused, my car's broken, I'm injured and nobody really seems to care………

Edited October 9, 2011 by sirchai

[Shocktreatment]

What is your insuarance guy doing ?

[maccaroni man]

What is your insuarance guy doing ?

+1

[katabeachbum]

If you have 1st class Insurance, let us know what they are saying.

If you do not, get a lawyer asap, as the guilty part should have paid, or be in jail after +2 weeks.

selling your car? sure, after they have paid you for everything

Make sure to remain friends with your witness

[sirchai]

If you have 1st class Insurance, let us know what they are saying.

If you do not, get a lawyer asap, as the guilty part should have paid, or be in jail after +2 weeks.

selling your car? sure, after they have paid you for everything

Make sure to remain friends with your witness

Hi and thanks,

I do not have first class insurance as my car is already 12 years old. It seems that my insurance don't give a flying shit, I send my wife to them and all they said was that they would pay the hospital bill.

The joke at the police station was that the (young cop) just made a statement that the guilty driver, ( a weird Kathoey) was driving too fast and I'm the innocent guy. But fact is that he made a red light and drove too fast.

I still need to see another hospital, as my injuries are really dangerous. So you think a lawyer is a must? Thank you for your opinion, as I'm not in the mood to fight for my rights...Cheers

[katabeachbum]

If you have 1st class Insurance, let us know what they are saying.

If you do not, get a lawyer asap, as the guilty part should have paid, or be in jail after +2 weeks.

selling your car? sure, after they have paid you for everything

Make sure to remain friends with your witness

Hi and thanks,

I do not have first class insurance as my car is already 12 years old. It seems that my insurance don't give a flying shit, I send my wife to them and all they said was that they would pay the hospital bill.

The joke at the police station was that the (young cop) just made a statement that the guilty driver, ( a weird Kathoey) was driving too fast and I'm the innocent guy. But fact is that he made a red light and drove too fast.

I still need to see another hospital, as my injuries are really dangerous. So you think a lawyer is a must? Thank you for your opinion, as I'm not in the mood to fight for my rights...Cheers

If you only have compulsory Insurance, your Insurance covers your medical limited to 50.000 baht.

The more important to get the other party to pay, or his Insurance to pay. If no result after this long time, you need some authority behind your claim, like a hotshot (kamnan, governors office) or a lawyer

Wish you a swift recovery and good luck with the finance claim

[sirchai]

If you have 1st class Insurance, let us know what they are saying.

If you do not, get a lawyer asap, as the guilty part should have paid, or be in jail after +2 weeks.

selling your car? sure, after they have paid you for everything

Make sure to remain friends with your witness

Hi and thanks,

I do not have first class insurance as my car is already 12 years old. It seems that my insurance don't give a flying shit, I send my wife to them and all they said was that they would pay the hospital bill.

The joke at the police station was that the (young cop) just made a statement that the guilty driver, ( a weird Kathoey) was driving too fast and I'm the innocent guy. But fact is that he made a red light and drove too fast.

I still need to see another hospital, as my injuries are really dangerous. So you think a lawyer is a must? Thank you for your opinion, as I'm not in the mood to fight for my rights...Cheers

I've just found out that I'm obviously having the same fukcing insurance company, my opponent has got. The driver wasn't the owner and they've got class A ,...his car is already fixed, which is very unbelievable to me. Looks pretty much that a foreigners car and his health isn't that important to others in the LOS....

[WarpSpeed]

If you have 1st class Insurance, let us know what they are saying.

If you do not, get a lawyer asap, as the guilty part should have paid, or be in jail after +2 weeks.

selling your car? sure, after they have paid you for everything

Make sure to remain friends with your witness

Hi and thanks,

I do not have first class insurance as my car is already 12 years old. It seems that my insurance don't give a flying shit, I send my wife to them and all they said was that they would pay the hospital bill.

The joke at the police station was that the (young cop) just made a statement that the guilty driver, ( a weird Kathoey) was driving too fast and I'm the innocent guy. But fact is that he made a red light and drove too fast.

I still need to see another hospital, as my injuries are really dangerous. So you think a lawyer is a must? Thank you for your opinion, as I'm not in the mood to fight for my rights...Cheers

I've just found out that I'm obviously having the same fukcing insurance company, my opponent has got. The driver wasn't the owner and they've got class A ,...his car is already fixed, which is very unbelievable to me. Looks pretty much that a foreigners car and his health isn't that important to others in the LOS....

I think you've got enough answers to know what you should have/should do by now, you need backup.. I understand you were injured so the delay but now you must muster up the energy. And BTW you should look around next time for insurance as there are companies that will give you increased coverage on a truck that age in terms of property liability and personal injury but with no coverage for your vehicle. The limit is 15 years on this coverage but if you're already covered before the car is that old you will be grandfathered in until it is sold..

I hope you feel better soon, that's a nasty accident you suffered, good thing it wasn't on your side or this would likely all be a moot point and a blessing you were not carrying a passenger. Get a lawyer to take care of the truck and yourself while you take care of #1...

[sirchai]

If you have 1st class Insurance, let us know what they are saying.

If you do not, get a lawyer asap, as the guilty part should have paid, or be in jail after +2 weeks.

selling your car? sure, after they have paid you for everything

Make sure to remain friends with your witness

Hi and thanks,

I do not have first class insurance as my car is already 12 years old. It seems that my insurance don't give a flying shit, I send my wife to them and all they said was that they would pay the hospital bill.

The joke at the police station was that the (young cop) just made a statement that the guilty driver, ( a weird Kathoey) was driving too fast and I'm the innocent guy. But fact is that he made a red light and drove too fast.

I still need to see another hospital, as my injuries are really dangerous. So you think a lawyer is a must? Thank you for your opinion, as I'm not in the mood to fight for my rights...Cheers

I've just found out that I'm obviously having the same fukcing insurance company, my opponent has got. The driver wasn't the owner and they've got class A ,...his car is already fixed, which is very unbelievable to me. Looks pretty much that a foreigners car and his health isn't that important to others in the LOS....

I think you've got enough answers to know what you should have/should do by now, you need backup.. I understand you were injured so the delay but now you must muster up the energy. And BTW you should look around next time for insurance as there are companies that will give you increased coverage on a truck that age in terms of property liability and personal injury but with no coverage for your vehicle. The limit is 15 years on this coverage but if you're already covered before the car is that old you will be grandfathered in until it is sold..

I hope you feel better soon, that's a nasty accident you suffered, good thing it wasn't on your side or this would likely all be a moot point and a blessing you were not carrying a passenger. Get a lawyer to take care of the truck and yourself while you take care of #1...

Thanks a lot for your post. I'm also very thankful that other people do care about what's going on in the LOS. I'll have an appointment with the insurance guy tomorrow, if things are not going how I want to, I'll have a lawyer to fight for my rights and his wallet.

This accident was like a nightmare and I was planning to take somebody to work on the same day when this nasty shit has happened. She would be dead now.

To be perfectly honest, a website like TV should also help others how to react after being in such a fukced up situation. Even speaking Thai didn't really help me to find an easy solution.

Being a foreigner here makes you to a lower class citizen,even working at a school, paying taxes and being married.

Thanks for everybody who has helped me giving me advice,drive carefully and if the shit hits the fan, never sign a document you can't read. (Like a marriage certificate)…….

I'll let you know how things are going………..

Chock Dee. Drive safe….

Edited October 10, 2011 by sirchai

[sirchai]

If you have 1st class Insurance, let us know what they are saying.

If you do not, get a lawyer asap, as the guilty part should have paid, or be in jail after +2 weeks.

selling your car? sure, after they have paid you for everything

Make sure to remain friends with your witness

Hi and thanks,

I do not have first class insurance as my car is already 12 years old. It seems that my insurance don't give a flying shit, I send my wife to them and all they said was that they would pay the hospital bill.

The joke at the police station was that the (young cop) just made a statement that the guilty driver, ( a weird Kathoey) was driving too fast and I'm the innocent guy. But fact is that he made a red light and drove too fast.

I still need to see another hospital, as my injuries are really dangerous. So you think a lawyer is a must? Thank you for your opinion, as I'm not in the mood to fight for my rights...Cheers

If you only have compulsory Insurance, your Insurance covers your medical limited to 50.000 baht.

The more important to get the other party to pay, or his Insurance to pay. If no result after this long time, you need some authority behind your claim, like a hotshot (kamnan, governors office) or a lawyer

Wish you a swift recovery and good luck with the finance claim

Thanks a lot........

[transam]

If you have 1st class Insurance, let us know what they are saying.

If you do not, get a lawyer asap, as the guilty part should have paid, or be in jail after +2 weeks.

selling your car? sure, after they have paid you for everything

Make sure to remain friends with your witness

Hi and thanks,

I do not have first class insurance as my car is already 12 years old. It seems that my insurance don't give a flying shit, I send my wife to them and all they said was that they would pay the hospital bill.

The joke at the police station was that the (young cop) just made a statement that the guilty driver, ( a weird Kathoey) was driving too fast and I'm the innocent guy. But fact is that he made a red light and drove too fast.

I still need to see another hospital, as my injuries are really dangerous. So you think a lawyer is a must? Thank you for your opinion, as I'm not in the mood to fight for my rights...Cheers

If you only have compulsory Insurance, your Insurance covers your medical limited to 50.000 baht.

The more important to get the other party to pay, or his Insurance to pay. If no result after this long time, you need some authority behind your claim, like a hotshot (kamnan, governors office) or a lawyer

Wish you a swift recovery and good luck with the finance claim

Thanks a lot........

And l wish you well chum.

[EvilDrSomkid]

My sympathies. We were in a similar situation 3 weeks after our wedding, 2 years ago.

Got hit in the side by a 10 wheel truck. My FIL nearly died. My wife fought with Navakij for weeks for them to pay. 150k in hospital bills and a totalled Audi, which saved our lives.

Had we been in a small Japanese car, I would not be writing this.

FYI, LMG insures cars regardless of age. Not 1st class, but better than Por Ror Bor.

Get a lawyer. The guilty party must pay.

edit: btw, the others party insurance policy should also cover 50k.

The order of payment is: 1st his(hers?) 3rd party insurance pays up to 50k, then your 3rd party, then any other available car insurance.

And lastly, they will try to stiff anyone, not just because you are a foreigner.

What hospital are you in?

Edited October 11, 2011 by EvilDrSomkid

[sirchai]

<br>My sympathies. We were in a similar situation 3 weeks after our wedding, 2 years ago.<br><br>Got hit in the side by a 10 wheel truck. My FIL nearly died. My wife fought with Navakij for weeks for them to pay. 150k in hospital bills and a totalled Audi, which saved our lives. <br><br>Had we been in a small Japanese car, I would not be writing this.<br><br>FYI, LMG insures cars regardless of age. Not 1st class, but better than Por Ror Bor.<br><br>Get a lawyer. The guilty party must pay.<br>edit: btw, the others party insurance policy should also cover 50k.<br><br>The order of payment is: 1st his(hers?) 3rd party insurance pays up to 50k, then your 3rd party, then any other available car insurance.<br><br>And lastly, they will try to stiff anyone, not just because you are a foreigner. <br>What hospital are you in?<br>

<br>

<div><br></div><div>Thanks  a lot. Glad to hear that you made it, as I know how fast shit can happen. Without doing something wrong.</div><div><br></div><div> I'm not staying at a hospital now, will go there again for a check. I broke a bone that supports a spine at my neck, two ribs and some cuts. I got back from the insurance company with a friend yesterday, a Thai teacher.</div><div><br></div><div>They only want to pay me around 150- 180,000 baht for my 13 year old Mitsu L 200 in best condition. Plus they want to have my old car to rebuild and resell it.</div><div><br></div><div>They might pay for my salary in addition and a small amount for my strange injuries. Fact is that the guy who made the accident has the same insurance company which is a conflict of interest, I guess.</div><div><br></div><div>My wife and everybody else are telling me I shouldn't take a lawyer as I'd lose more money that I'm losing anyways. </div><div><br></div><div>I haven't met the right lawyer yet, as I do need somebody being familiar with road accidents, not a lawyer for divorces.</div><div><br></div><div>Living in a smaller town with about 25,000 citizens makes it not easier to find somebody decent, not befriended with my insurance company.</div><div><br></div><div>How much would I have to pay for a lawyer, a percentage, or a fixed amount? I'm still not in a good physically shape, so all takes much longer than expected. Still advice needed, even my marriage might seems to be questionable now.........Cheers  <img src="http://static.thaivisa.com/forum/public/style_emoticons/default/jap.gif" alt=":jap:" class="bbc_emoticon"></div>

Sorry, don't know what went wrong with my post. Fact is that they act like they're willing to pay, but I could never buy a similar car with the money they'd pay. Another disgusting part is that they also want my damaged car to get it redone.

Edited October 12, 2011 by sirchai

[kartman]

Good offer by insurance company for vehicle look at taladrod .com to find replacement you will probably have money in pocket if you get towards top of their offer , and when insurers pay out on total loss they take the vehicle normally nothing strange here. Grab the money for the vehicle thats what a thirteen year old L200 is worth.

[LeCharivari]

... And lastly, they will try to stiff anyone, not just because you are a foreigner. ...

Very true - the policy will state exactly what you are and are not entitled to, such as hospital costs, lost salary, etc. as well as the value of the vehicle. If they pay whatever the "replacement" cost is as specified in the insurance policy then the vehicle belongs to the insurance company and they can do whatever they want to with it - that's normal in every country, as you don't get the cost of a replacement and to keep the wrecked vehicle.

If they've paid the medical bills and are going to pay for lost earnings and the replacement value (as stated on the policy) I can't see what you expect a lawyer to do - only a few policies will pay for a vehicle while yours is being repaired, and if they've offered you the replacement cost then that doesn't apply anyway.

Its a hell of a bad break, but I can't see what spending more money on a lawyer would achieve ...

[WarpSpeed]

I find myself painfully in agreement with kartman. Settle on the top figure if there is a choice? I'm confused by the 30,000b difference and what determines which is the amount to be settled on? Prior condition has little to do with insurance payout, it's what the market value would bare out if sold.

But shoot for that amount and do some shopping around. It's also not unusual for the insurance company to take a totaled car in settlement but once done any western country would likely prohibit it from being titled again but TiT.

[katabeachbum]

Finally you have an offer on the table. I would accept the 150-180k baht for the pickup, and of course they want it transfered as they buy it from you. a brand new suzuki is 325k baht

More important is to agree on your lost income, and even more on your medical expenses.

My advice is, take the car money asap, and continue on the rest, without a lawyer. They have accepted guilt by paying your car, the rest can be solved in court if they dont agree with you

[Johnniey]

Firstly, did you go by yourself to the police station?

This is one of those situations that you take your 'friends' with you to do the negotiating. Nothing to do with being a foreigner - Thais with no 'influence' get screwed too.

My advice is to make sure that there is a payment for a rental car while yours is getting fixed, however long that may be. Unless you have an influential friend, the insurance will not give priority for your car to be fixed. It will probably take months as the insurance people generally use their own garage and rush the cars that are going to cost them the most.

If you don't know anyone high up, you'd better get a lawyer so you can sue them, as they'll almost definitely refuse to pay for your rental car.

I had a similar situation and started legal proceeding to sue. However, as soon as my 'pu yai'(the local Senator) made a phone call , everything was sorted - loss of earnings, rental car payment etc.

Hope you get well soon.

Edited October 12, 2011 by Johnniey

[wandrinstar]

You wont get Car Rental no matter how many senators you know.They have given you good value for your yearly premium,heed the good advice given by the Warp n KBB,

[sirchai]

Finally you have an offer on the table. I would accept the 150-180k baht for the pickup, and of course they want it transfered as they buy it from you. a brand new suzuki is 325k baht

More important is to agree on your lost income, and even more on your medical expenses.

My advice is, take the car money asap, and continue on the rest, without a lawyer. They have accepted guilt by paying your car, the rest can be solved in court if they dont agree with you

Thanks again. My biggest problem is that I won't find a decent car for the amount they've offered me.My Pick Up was well serviced, in a very good condition and there's no chance to get a similar one for 150- 180,000 baht.

I also understand that a lawyer wouldn't be very helpful, as all of them are pretty expensive.( And their education is more than questionable, here's a guy who's running a barber shop beside being a lawyer)

But the main reason for me is that the guilty driver broke many laws, made a red light while speeding. Other Thais would have been in prison for a few days.

Shouldn't I be able to have at least a similar, if not a better car, considering the facts?

But having the same fukcing insurance company doesn't really help at all.I guess I had just been at the wrong place at the wrong time. They paid the cop and the traffic light wasn't really an issue any more.

I thought I'd know this country after almost ten years, but so longer I'm staying here, so less I understand many things. It's hard to keep smiling in the LOS............. :jap:

Edited October 13, 2011 by sirchai

[wandrinstar]

They contend when it suits them, the correct meaning of Red n Green.Green means proceed, if its safe to doo so.Clearly it wasnt.

[katabeachbum]

They contend when it suits them, the correct meaning of Red n Green.Green means proceed, if its safe to doo so.Clearly it wasnt.

and yellow at 100 meters means speed up, you might make it while its still red .

I am very fast on the Highways, but green never means good to go, it means one foot on the brake, vehicle escape route planned both ways (dam_n those concrete lightpoles in center divider), and expect a 18 wheeler running redlight

OP wrecking a 13 year old, is get what they offer, or fight them in court 1-7 years. Had it been worth 10 million and they offered 5, I might, and only might, suggest fight in court. Getting 150-180k baht means they admit guilt.

Criminal case against the guilty driver wont happen for a redlight and non proved speeding. 500 baht fine for each offence, but probably only for redlight

[sirchai]

They contend when it suits them, the correct meaning of Red n Green.Green means proceed, if its safe to doo so.Clearly it wasnt.

and yellow at 100 meters means speed up, you might make it while its still red .

I am very fast on the Highways, but green never means good to go, it means one foot on the brake, vehicle escape route planned both ways (dam_n those concrete lightpoles in center divider), and expect a 18 wheeler running redlight

OP wrecking a 13 year old, is get what they offer, or fight them in court 1-7 years. Had it been worth 10 million and they offered 5, I might, and only might, suggest fight in court. Getting 150-180k baht means they admit guilt.

Criminal case against the guilty driver wont happen for a redlight and non proved speeding. 500 baht fine for each offence, but probably only for redlight

Thanks a lot to all who gave me their point of view. Hope shit like that won’t happen to any of you guys. A safe ride in the land of Thai Pee Baa’s…………. :jap:

[sirchai]

They contend when it suits them, the correct meaning of Red n Green.Green means proceed, if its safe to doo so.Clearly it wasnt.

and yellow at 100 meters means speed up, you might make it while its still red .

I am very fast on the Highways, but green never means good to go, it means one foot on the brake, vehicle escape route planned both ways (dam_n those concrete lightpoles in center divider), and expect a 18 wheeler running redlight

OP wrecking a 13 year old, is get what they offer, or fight them in court 1-7 years. Had it been worth 10 million and they offered 5, I might, and only might, suggest fight in court. Getting 150-180k baht means they admit guilt.

Criminal case against the guilty driver wont happen for a redlight and non proved speeding. 500 baht fine for each offence, but probably only for redlight

Thanks a lot to all who gave me their point of view. Hope shit like that won’t happen to any of you guys. A safe ride in the land of Thai Pee Baa’s…………. :jap:

[WarpSpeed]

Finally you have an offer on the table. I would accept the 150-180k baht for the pickup, and of course they want it transfered as they buy it from you. a brand new suzuki is 325k baht

More important is to agree on your lost income, and even more on your medical expenses.

My advice is, take the car money asap, and continue on the rest, without a lawyer. They have accepted guilt by paying your car, the rest can be solved in court if they dont agree with you

Shouldn't I be able to have at least a similar, if not a better car, considering the facts?

Realistically? No.....

Obviously getting another used truck is always going to be a crap shoot and of course an unknown so you need to decide if it's worth while for you to do that or consider something new? 150 to 180 is a decent down payment on something new maybe making the payments tolerable..

Edited October 13, 2011 by WarpSpeed

[LeCharivari]

Shouldn't I be able to have at least a similar, if not a better car, considering the facts?

NO!! You're entitled to your car's book value, just as you would be anywhere else.

It's got nothing to do with Thailand, or what happens to the other driver, or knowing a "pu yai", or the other driver paying off the police (if that happened at all, and you've no reason to think it did) or even what happens to the other driver. You've been treated fairly, offered what you are entitled to, and in many ways you are lucky that the other driver was fully insured and that you are getting everything you are entitled to - you didn't have full insurance yourself and if he hadn't been fully insured and hadn't had the cash to pay you would have been looking at a long legal fight at the end of which you may have ended up with nothing.

You were unlucky, as you say "at the wrong place at the wrong time", but that's it - "shit happens" anywhere, and just the same thing could have happened anywhere else.

[sirchai]

Shouldn't I be able to have at least a similar, if not a better car, considering the facts?

NO!! You're entitled to your car's book value, just as you would be anywhere else.

It's got nothing to do with Thailand, or what happens to the other driver, or knowing a "pu yai", or the other driver paying off the police (if that happened at all, and you've no reason to think it did) or even what happens to the other driver. You've been treated fairly, offered what you are entitled to, and in many ways you are lucky that the other driver was fully insured and that you are getting everything you are entitled to - you didn't have full insurance yourself and if he hadn't been fully insured and hadn't had the cash to pay you would have been looking at a long legal fight at the end of which you may have ended up with nothing.

You were unlucky, as you say "at the wrong place at the wrong time", but that's it - "shit happens" anywhere, and just the same thing could have happened anywhere else.

Again thanks a lot for your input. I truly believe that a guy like my wife's uncle, being the chief of the transportation department here, would have received a much different treatment, being in said truck.

I never said that we foreigners are always treated wrong.

But here's one fact. The guilty driver broke some laws, that was causing the accident. Wouldn't an insurance company in -let's say Europe- blame the driver making a red light plus speeding? Wouldn't they just pay a percentage and let the 'guilty' driver pay a part, as well?

My point being is that the guy who was innocent is still without a car and full of pain. Not mentioning the fight with the insurance how much they'll pay. Anybody in a more civilized country making a red light while speeding and having a serious accident will understand that he/she made something wrong.

But laws here can be easily changed. That's my point that makes me angry. It's similar to their educational system, a lot of window dressing, but nothing really works. Except the Poo Oo's money for almost everything and no failing kids.

[LeCharivari]

Again thanks a lot for your input. I truly believe that a guy like my wife's uncle, being the chief of the transportation department here, would have received a much different treatment, being in said truck.

I never said that we foreigners are always treated wrong.

But here's one fact. The guilty driver broke some laws, that was causing the accident. Wouldn't an insurance company in -let's say Europe- blame the driver making a red light plus speeding? Wouldn't they just pay a percentage and let the 'guilty' driver pay a part, as well?

My point being is that the guy who was innocent is still without a car and full of pain. Not mentioning the fight with the insurance how much they'll pay. Anybody in a more civilized country making a red light while speeding and having a serious accident will understand that he/she made something wrong.

But laws here can be easily changed. That's my point that makes me angry. It's similar to their educational system, a lot of window dressing, but nothing really works. Except the Poo Oo's money for almost everything and no failing kids.

I'm not having a go at you, but some people here seem to think that "everything would be different at home", etc, etc, when the cold reality is that although their "treatment" may be different the end result would be the same.

Yes, your uncle-in-law would probably have been treated differently, given more respect, etc, but I doubt if he would actually have got anything more as there's not much more the insurance company can give: once they have decided that your car's an insurance write-off and offered to pay you its book value then even if the insurance had a clause giving you a rental car to use while yours was being repaired it wouldn't apply.

Yes, the guy who jumped the red light may have been charged with traffic offences, etc, but that would be between him and the police and nothing to do with you (except as a witness).

Yes, an insurance company in Europe could blame the driver who broke the law, jumped the light, etc, but they couldn't make him pay any part of your damages - that's entirely their responsibility. They could put up his premiums, etc, but again that wouldn't help you.

I understand why you're P'd off about the whole thing, and I would be too, but it really isn't the fault of the Thai "system".

[Douggie Style]

Hi Sirchai,

sorry to hear of your troubles.

I feel there are a few issues you need to separate

- the insurance on your car

- your personal injuries

- medical costs

IMHO the offer on your car is based on book value, you might love your car and keep it well maintained but you are always only going to get a standard type of value. Once they pay you out, they own the car. This is also how insurance works in my country. I cannot see how you will get much more with a lawyer.

Your personal injuries, I don't know the law in Thailand on that but this is where you might be able to sue for a payout. You need to establish guilt as much as possible, CCTV, witness statements, copy of the police report. Open a file and get everything now while fresh and before people become 'forgetful' . For this a lawyer will probably add value

Medical costs > as above. Open a file, check your insurances, see lawyer if not happy with offer. Think of long term treatments.

good luck

Edited October 13, 2011 by Douggie Style

[katabeachbum]

Shouldn't I be able to have at least a similar, if not a better car, considering the facts?

NO!! You're entitled to your car's book value, just as you would be anywhere else.

It's got nothing to do with Thailand, or what happens to the other driver, or knowing a "pu yai", or the other driver paying off the police (if that happened at all, and you've no reason to think it did) or even what happens to the other driver. You've been treated fairly, offered what you are entitled to, and in many ways you are lucky that the other driver was fully insured and that you are getting everything you are entitled to - you didn't have full insurance yourself and if he hadn't been fully insured and hadn't had the cash to pay you would have been looking at a long legal fight at the end of which you may have ended up with nothing.

You were unlucky, as you say "at the wrong place at the wrong time", but that's it - "shit happens" anywhere, and just the same thing could have happened anywhere else.

Again thanks a lot for your input. I truly believe that a guy like my wife's uncle, being the chief of the transportation department here, would have received a much different treatment, being in said truck.

I never said that we foreigners are always treated wrong.

But here's one fact. The guilty driver broke some laws, that was causing the accident. Wouldn't an insurance company in -let's say Europe- blame the driver making a red light plus speeding? Wouldn't they just pay a percentage and let the 'guilty' driver pay a part, as well?

My point being is that the guy who was innocent is still without a car and full of pain. Not mentioning the fight with the insurance how much they'll pay. Anybody in a more civilized country making a red light while speeding and having a serious accident will understand that he/she made something wrong.

But laws here can be easily changed. That's my point that makes me angry. It's similar to their educational system, a lot of window dressing, but nothing really works. Except the Poo Oo's money for almost everything and no failing kids.

Most Insurance companies do not bring anyone to court, unless their claim is more than 50k baht. A court case takes time, cost money and outcome is not given. They rather search for a settlment and loose +50k baht.. making guilty people stay in jail creates no payment, ever, and making court presedence in a country where telly is only news source does not work. Going to jail is destiny, not caused by your actions

dont know if anyone has mentioned, but as far as I can see, in addition to cars book value, your limits are

50k baht from your compulsory

50k baht from the others compulsory

max 1 million baht from the others 3rd party

all 3 medical according to bills/reciepts

as soon as car areed on, try to negotiate a credit for medical at a hospital of your choice