Having A Car Accident With Different Levels Of Insurance - Experiences Anyone?

[BIGJIMMY]

Long story short, a friend of mine was driving in a hired car (3rd part insurance only) and knocked a lady off her bike, she came out of nowhere, she has since died and as you can imagine theres all sorts of demands being made on him from the police, family, car rental people etc, I have asked several people this question and never seem to get a straight answer:

If you have 1st class fully comp insurance and you have an accident - weather or not it's your fault - what should you do, call the insurance company first, the police, do you leave it all up to the insurance company or can you still expect a knock on your door later from people wanting money, have you any rights on the road with the best insurance (being a foreigner) at all if you have an accident??

Has anyone had a similar experience with a better outcome?

Thanks in advance.

Edited February 13, 2013 by BIGJIMMY

[Crossy]

Sorry for your friend being involved in someone's death

No direct experience, my only insurance shunt was a minor coming together where the other party admitted it was his fault and all was sorted between the insurance agents on the spot.

But, to all those who drive here I would say "get a dashboard camera" they're so cheap these days that there is no excuse not to have a video record of any incident, it could be the difference between you being blamed for a death and not.

I understand the actions in the event of a shunt are, don't move the vehicles, assuming you have something more than the compulsary insurance call your insurance (and let their man do all the talking), call the police or attend a cop shop later (I believe it's actually only necessary if someone is injured). Perhaps those with more knowledge could chip in.

[Spoonman]

With 3rd party only your "mate" will be in for a world of financial hurt.

I have had several accidents (always have had 1st class insurance) and in all outcomes no matter who was at fault it has been sorted on the spot by the insurance agents, having said that there has been zero fatalities though so cannot comment on how the outcome of that is dealt with.

[Sheryl]

Leave it to the insurance company to sort out if you have full insurance.

As others have said, if all you have is the compulsory, and death or serious injury occurred, you're going to have to pay out of pocket. The compensation the compulsory insurance provides isn't going to satisfy anyone.

[BIGJIMMY]

Thanks for the replies folks, we understand that my mate is buggered in this instance so it's more for future reference really, of course not as buggered as the poor lady but there you go.

Ta.

[Nigelmartin]

From personel experience where death is caused resulting from an accident there are will be two cases: the civil case and the criminal case. The civil case is about agreeing compensation with the family. But beware in my case the Insurance did not look after my interests. The agent try to increase the compensation to the family so that he would get a % of the final sum agreed.

The criminal case is judged by a number of criteria: did you remain at the accident, compensation to the family, is this the first time, your background and whether you plead guilty or not . In my case I agreed the compensation in advance which helps when you go to court. Hope this helps. If you want to pm me I can go into more detail.

[stevenl]

Thanks for the replies folks, we understand that my mate is buggered in this instance so it's more for future reference really, of course not as buggered as the poor lady but there you go.

Ta.

Whether he is buggered or not depends greatly on whether he has only the compulsory insurance or a real and adequate 3rd party insurance.

[JeffreyMcCollum]

Always had first class, they always come right out and help all along the way.

Yes when an accident happens, all parties, as well as insurance companies go to the police station.

I hit a bicycle one time. First thing asked was were they riding it or walking it. (In my case riding) Police quickly said I had the right away unless they were off their bike and walking it then they had. Insurance paid my damage and bicyclist was in a world of trouble

[BIGJIMMY]

Thanks for the replies, my friend is now consulting a lawyer as it's going to court.

The lady was riding the bike and overtook another bike on the hard shoulder which brought her in to the path of his car, there was a police car up ahead so he drove to them and they took him to the station, he wasn't drunk or speeding etc, she literally rode into his path, the family haven't been on his case, he has paid them some money with more to come later but he just wants to get it resolved legally first, the police didn't help the lady at all to the point of her being in hospital with no-one knowing she was there and the quacks not doing anything as they didn't know she was covered with any insurance - turns out she had insurance from her work and also my mates insurance did cover her, we asked the police about her and they said 'no problem' etc while all the time they had her ID at the station and were more concerned about who's paying what, how long has he been here, where does he live etc - anyway it's going to court.

Thanks

[simple1]

Thanks for the replies, my friend is now consulting a lawyer as it's going to court.

The lady was riding the bike and overtook another bike on the hard shoulder which brought her in to the path of his car, there was a police car up ahead so he drove to them and they took him to the station, he wasn't drunk or speeding etc, she literally rode into his path, the family haven't been on his case, he has paid them some money with more to come later but he just wants to get it resolved legally first, the police didn't help the lady at all to the point of her being in hospital with no-one knowing she was there and the quacks not doing anything as they didn't know she was covered with any insurance - turns out she had insurance from her work and also my mates insurance did cover her, we asked the police about her and they said 'no problem' etc while all the time they had her ID at the station and were more concerned about who's paying what, how long has he been here, where does he live etc - anyway it's going to court.

Thanks

From first hand exposure for a foreigner killing a Thai member of my family (hit & run, but arrested). First of all as your friend has been arrested, charged and proceeding to Court he would have had to put up bail, plus I assume the RTP would have informed immigration and his Embassy so he could not legally depart Thailand, is this correct?

If you friend is found guilty of a driving offense causing death it opens the way for a Civil Court action by the deceased family. If they have a good lawyer your friend will not be permitted to depart Thailand until the case is completed.

The brutal fact is that your friend, if the family agrees, can pay compensation that is negotiated in collaboration with the police. The prosecution process is then rescinded and no further recourse to Civil Court damages. Obviously his choice on course of action, I guess first step will be for his lawyer to obtain a copy of the police report and charges & take it from there.

Edited February 14, 2013 by simple1

[stevenl]

Thanks for the replies, my friend is now consulting a lawyer as it's going to court.

The lady was riding the bike and overtook another bike on the hard shoulder which brought her in to the path of his car, there was a police car up ahead so he drove to them and they took him to the station, he wasn't drunk or speeding etc, she literally rode into his path, the family haven't been on his case, he has paid them some money with more to come later but he just wants to get it resolved legally first, the police didn't help the lady at all to the point of her being in hospital with no-one knowing she was there and the quacks not doing anything as they didn't know she was covered with any insurance - turns out she had insurance from her work and also my mates insurance did cover her, we asked the police about her and they said 'no problem' etc while all the time they had her ID at the station and were more concerned about who's paying what, how long has he been here, where does he live etc - anyway it's going to court.

Thanks

Leave it as much as possible in the hands of the insurance company.

[Nigelmartin]

Thanks for the replies, my friend is now consulting a lawyer as it's going to court.

The lady was riding the bike and overtook another bike on the hard shoulder which brought her in to the path of his car, there was a police car up ahead so he drove to them and they took him to the station, he wasn't drunk or speeding etc, she literally rode into his path, the family haven't been on his case, he has paid them some money with more to come later but he just wants to get it resolved legally first, the police didn't help the lady at all to the point of her being in hospital with no-one knowing she was there and the quacks not doing anything as they didn't know she was covered with any insurance - turns out she had insurance from her work and also my mates insurance did cover her, we asked the police about her and they said 'no problem' etc while all the time they had her ID at the station and were more concerned about who's paying what, how long has he been here, where does he live etc - anyway it's going to court.

Thanks

From first hand exposure for a foreigner killing a Thai member of my family (hit & run, but arrested). First of all as your friend has been arrested, charged and proceeding to Court he would have had to put up bail, plus I assume the RTP would have informed immigration and his Embassy so he could not legally depart Thailand, is this correct?

If you friend is found guilty of a driving offense causing death it opens the way for a Civil Court action by the deceased family. If they have a good lawyer your friend will not be permitted to depart Thailand until the case is completed.

The brutal fact is that your friend, if the family agrees, can pay compensation that is negotiated in collaboration with the police. The prosecution process is then rescinded and no further recourse to Civil Court damages. Obviously his choice on course of action, I guess first step will be for his lawyer to obtain a copy of the police report and charges & take it from there.

This is not correct - the civil case does impatt on the crime case but if agreed before going to court this helps in the judgement handed down. The criminal case once in motion cannot be stopped. I'm going on my own experience in my case in Phayao some years ago.

[simple1]

Thanks for the replies, my friend is now consulting a lawyer as it's going to court.

The lady was riding the bike and overtook another bike on the hard shoulder which brought her in to the path of his car, there was a police car up ahead so he drove to them and they took him to the station, he wasn't drunk or speeding etc, she literally rode into his path, the family haven't been on his case, he has paid them some money with more to come later but he just wants to get it resolved legally first, the police didn't help the lady at all to the point of her being in hospital with no-one knowing she was there and the quacks not doing anything as they didn't know she was covered with any insurance - turns out she had insurance from her work and also my mates insurance did cover her, we asked the police about her and they said 'no problem' etc while all the time they had her ID at the station and were more concerned about who's paying what, how long has he been here, where does he live etc - anyway it's going to court.

Thanks

From first hand exposure for a foreigner killing a Thai member of my family (hit & run, but arrested). First of all as your friend has been arrested, charged and proceeding to Court he would have had to put up bail, plus I assume the RTP would have informed immigration and his Embassy so he could not legally depart Thailand, is this correct?

If you friend is found guilty of a driving offense causing death it opens the way for a Civil Court action by the deceased family. If they have a good lawyer your friend will not be permitted to depart Thailand until the case is completed.

The brutal fact is that your friend, if the family agrees, can pay compensation that is negotiated in collaboration with the police. The prosecution process is then rescinded and no further recourse to Civil Court damages. Obviously his choice on course of action, I guess first step will be for his lawyer to obtain a copy of the police report and charges & take it from there.

This is not correct - the civil case does impatt on the crime case but if agreed before going to court this helps in the judgement handed down. The criminal case once in motion cannot be stopped. I'm going on my own experience in my case in Phayao some years ago.

OK, but as I said from my personal experience six months ago in Pattaya, from my post above, is exactly what happened. Compensation paid, negotiated by the police officer who had ownership of the case & did not proceed with criminal or Civil Court proceedings. Please do not say it did not, I am not delusional. Maybe different law enforcement players have different outcomes

Edited February 14, 2013 by simple1

[Nigelmartin]

Thanks for the replies, my friend is now consulting a lawyer as it's going to court.

The lady was riding the bike and overtook another bike on the hard shoulder which brought her in to the path of his car, there was a police car up ahead so he drove to them and they took him to the station, he wasn't drunk or speeding etc, she literally rode into his path, the family haven't been on his case, he has paid them some money with more to come later but he just wants to get it resolved legally first, the police didn't help the lady at all to the point of her being in hospital with no-one knowing she was there and the quacks not doing anything as they didn't know she was covered with any insurance - turns out she had insurance from her work and also my mates insurance did cover her, we asked the police about her and they said 'no problem' etc while all the time they had her ID at the station and were more concerned about who's paying what, how long has he been here, where does he live etc - anyway it's going to court.

Thanks

From first hand exposure for a foreigner killing a Thai member of my family (hit & run, but arrested). First of all as your friend has been arrested, charged and proceeding to Court he would have had to put up bail, plus I assume the RTP would have informed immigration and his Embassy so he could not legally depart Thailand, is this correct?

If you friend is found guilty of a driving offense causing death it opens the way for a Civil Court action by the deceased family. If they have a good lawyer your friend will not be permitted to depart Thailand until the case is completed.

The brutal fact is that your friend, if the family agrees, can pay compensation that is negotiated in collaboration with the police. The prosecution process is then rescinded and no further recourse to Civil Court damages. Obviously his choice on course of action, I guess first step will be for his lawyer to obtain a copy of the police report and charges & take it from there.

This is not correct - the civil case does impatt on the crime case but if agreed before going to court this helps in the judgement handed down. The criminal case once in motion cannot be stopped. I'm going on my own experience in my case in Phayao some years ago.

OK, but as I said from my personal experience six months ago in Pattaya, from my post above, is exactly what happened. Compensation paid, negotiated by the police officer who had ownership of the case & did not proceed with criminal or Civil Court proceedings. Please do not say it did not, I am not delusional. Maybe different law enforcement players have different outcomes

Lets go into more detail-once the papers are submitted to the Court, which in this case I believe they have been, you cannot stop the legal process whether or not you have paid compensation. However, if the process has only gone as far as the police you are right you can prevent the case going further.

[simple1]

Lets go into more detail-once the papers are submitted to the Court, which in this case I believe they have been, you cannot stop the legal process whether or not you have paid compensation. However, if the process has only gone as far as the police you are right you can prevent the case going further.

The police report had been reviewed by my family and we were informed also by the prosecutor, and proceed to criminal court action.The police officer involved said immigration and embassy were also informed of the criminal charges, passport had a stop order etc. Went on to say if compensation agreed to by my Thai family and paid in cash would rescind the process and get a quick resolution. Maybe he was lying about where they were up to in formalising criminal charges etc

Edited February 14, 2013 by simple1

[BIGJIMMY]

As far as i'm aware he hasn't been arrested, the day of the accident myself and another friend went to the police station to see him, he was sitting in an office (he has a Thai friend who was also with him at the station and prevented him from being locked up - he knew the copper) they had/have his passport and licence, at that point the lady hadn't yet passed, he met with a copper yesterday (away from the station) and was told that it's going to court, no bail has been posted but they do still have his passport etc, he's seeing a lawyer today, again regarding the family and compo - that was all sorted before it went to court, the police were asking for monies before it was going to court but now that it is off to court they haven't asked again.

Thanks for the replies, I posted the question for my own benefit as much as anything i.e if (god forbid) I were to have an accident whats the proper way - it seems to phone the insurance company and let them handle it.

Let's not turn this thread into a argument, all input is good and as you say different law peeps have different outcomes - T.I.T.

Ta.

[simple1]

As far as i'm aware he hasn't been arrested, the day of the accident myself and another friend went to the police station to see him, he was sitting in an office (he has a Thai friend who was also with him at the station and prevented him from being locked up - he knew the copper) they had/have his passport and licence, at that point the lady hadn't yet passed, he met with a copper yesterday (away from the station) and was told that it's going to court, no bail has been posted but they do still have his passport etc, he's seeing a lawyer today, again regarding the family and compo - that was all sorted before it went to court, the police were asking for monies before it was going to court but now that it is off to court they haven't asked again.

Thanks for the replies, I posted the question for my own benefit as much as anything i.e if (god forbid) I were to have an accident whats the proper way - it seems to phone the insurance company and let them handle it.

Let's not turn this thread into a argument, all input is good and as you say different law peeps have different outcomes - T.I.T.

Ta.

No problem, if you are not already aware, need to have bail bond insurance just in case you don't have quick access to cash - better than sitting in a police cell!

[stevenl]

Thanks for the replies, I posted the question for my own benefit as much as anything i.e if (god forbid) I were to have an accident whats the proper way - it seems to phone the insurance company and let them handle it.

In general, yes, but you have to keep up with what is happening in cases like this. The insurance company may try to get the pay out as low as possible at the expense of the car driver, even though the payment meets the policy criteria.

[Nigelmartin]

Thanks for the replies, I posted the question for my own benefit as much as anything i.e if (god forbid) I were to have an accident whats the proper way - it seems to phone the insurance company and let them handle it.

In general, yes, but you have to keep up with what is happening in cases like this. The insurance company may try to get the pay out as low as possible at the expense of the car driver, even though the payment meets the policy criteria.

If the other person involved in the accident had basis thrid aparty insurance this pays 100,000baht on death. I my case the other person insurance paid 100,000baht and my insurance paid 200,000baht. I think the calculation are based on age, income etc.

[stevenl]

Thanks for the replies, I posted the question for my own benefit as much as anything i.e if (god forbid) I were to have an accident whats the proper way - it seems to phone the insurance company and let them handle it.

In general, yes, but you have to keep up with what is happening in cases like this. The insurance company may try to get the pay out as low as possible at the expense of the car driver, even though the payment meets the policy criteria.

If the other person involved in the accident had basis thrid aparty insurance this pays 100,000baht on death. I my case the other person insurance paid 100,000baht and my insurance paid 200,000baht. I think the calculation are based on age, income etc.

As mentioned, problems may arise for the car owner, in your example you, if let's say the insurance company offers 200.000 baht and the victim's family wants 500.000 Baht. It could very well be the insurance company will win the case in court, but in the mean time this can severly restrict your movements, so it would be worth to try and get the company to pay more.

Hence my advice: in principle leave it to the insurance company, but keep a finger on the pulse.