Car insurance Company and Repair shop BIG problem. Please help !

[mbbnyc]

Ok my Thai Girlfriend is have a BIG problem with her insurance company and a car repair shop after an accident. It is a long story and I will try to include all the details here. She is a Thai, I am an American citizen.

Before I go into it I want to give a bit of background on her and me to dispel any stereotypes. I met my GF in December while on a trip to BKK. Nice girl, Office girl, simple, plain, smart, very beautiful. She will NOT let me buy her things, Help her out financially or any of that. She was married before and has NO desire to marry again. She does NOT want to live in the US. I on the other hand want to move to Thailand in the next 2-3 years. When I came here in December, It was to find a place in SE Asia to possibly live. That decision was made BEFORE I met her, It just worked out like it did that i met a girl that does not want to leave Thailand and does not want to marry. Now I could be wrong but I do not believe I am being scammed. I am aware of the stereotype and I have watched all throughout this relationship and have even set "traps" to check and she has passed EVERY time. She has her own money. I also have experience with girls of that type in the states and I know it when I see it.

I just wanted to say that BEFORE so the story is not discounted or "chalked up" to that. Also while my GF DOES speak english it is very much a 2nd language. I do not speak Thai. We are both learning and improving, But some things may get lost in translation.

Also the names of the insurance co, The repair shop and the law office will remain nameless because I think that it is just bad elements inside of these companies not the companies themselves that is the problem. Lets just say I was told in insurance co was "the biggest one in Thailand" and the law office was a major one in BKK. The repair shop is a local one in Prichit, But a big one.

So ok in July of 2012 BEFORE she met me. My girlfriend while on the way back to BKK gets into an accident. She only damaged HER car and no property. She did however total her brand new (2 moth old) Mazda 3. She rolled it several times. She did not see the guy in front of her stopped she jammed on the brakes and the car got sideways. A tire blew and she went into several rolls. She walks away without a scratch. She was not drunk, high, tired or anything else. It seems to be just one of those things.

So there she is a few weeks later dealing with the insurance company. They tell her the car in a total loss that they will cover 80% of the cost of the car. So she would still owe 20% to the finance company. She does not make very much. about 15k Bht a month. She did not know much about cars, insurance, Business dealing, or insurance law. She somehow convinced them to fix the car saying she can not afford to pay the 20% so she is thinking she has no choice but to do this and at least she will have a car at the end of it. Forgetting of course that the car will never drive right again. Again, she just does not know about things like that. She was emotional and scared and made a bad decision.

So they tell her that if they fix the car they will cover %70 of the cost of the car and she will be responsible for the rest. They make her sign a document that gives away all her rights (i'm not a lawyer and it's in Thai) She decides to go ahead and do it. They tell her work will start right away. The car goes to a local repair shop in Prichit where she is from and she goes back to BKK. She right away starts to sell everything she owns to pay for the 30% of the car.

All for the next few months she gets reports on the car from the repair shop. "oh we wait for spare parts" "we wait for this or that" They are just stringing her along.

Cut to December, She meets me. after a while she tells me this story and I ask her. Why did you agree to that ? Why did you sign anything ? she just thought she had "no choice" as I get more and more of the story I get the impression that something is wrong and that they are messing with her somehow.

Cut to January, We take a little road trip. I decide I want to see the countryside, So we rent a 4turner and go visit Sukothai and Chiang Mai. On the way we stop in Prichit, We go to the repair shop and there is her car. Right away I see this car is totally buggered as they say. I am actually shocked she walked away from it with nothing. I am then pissed as hell that the insurance company would even LET her fix it. In America the insurance company would NEVER allow that car to return to the road. It would be stripped for parts and scrapped. The liability would be way too high. The roof is partially caved in, I can see the fame is bent. It's just done. But, I figure it's different over here and I go with it.

During this visit, My GF has a heated exchange with the shop owner and he tells her that the car is waiting for spare parts but it is in the queue and it will be done in a month we leave.

A month goes by and nothing, Then I am here a few times over Feb, March. I hear varying promises and things from the repair shop and the ins company all of which are broken. Then comes 'the car will be ready by the end of Songkran" done promised again and again. I of course know what is happening but at least I am in BKK and am waiting to see what they do. The word comes back that the car is waiting for paint, Not to be painted but the actual paint. The car is GOD DAMN WHITE in color !!! (Breathe in)

Ok so now i decide it is time for me to act. (I had not previously because I was told no one in the insurance co Nor the repair shop speak English). I start researching car insurance lawyers. A quick google search gets me the number of a big law firm in BKK that even have offices in Los Angeles where I am from. I call and tell my story to an operator who transfers me to a lawyer (a legal assistant more likely). I tell my story he tell me his fee is 20k bht, I say fine, Lets just get it done. The objectives are. Best case scenario she gets to walk away from the car period. I will even fork over some cash to do so. 2nd place scenario she gets the car fixed, done within a reasonable amount of time (i.e.: right now !! or soon) There is no 3rd place choice. He agrees with me.

Two weeks go by and he in the meantime meets with my GF and she gives him the papers she signed. He suddenly loses interest in the case. After I get him on the phone 2 weeks later. He tells me that she has pretty much signed away her rights when she signed the paper at the ins co. That the price of a Mazda 3 is not worth suing over. (about 18k, I'm told) and that the most he can do is send a threatening letter to the ins co. Which may or may not result in anything. I ask if it matters that they told her she HAD to sign it. that she did so under duress, right after the accident. That they have messed with and lied to her time and time again. He says no, I say alright lets do the strongly worded letter and whatever else he thinks we should do. He agrees and says he will send over a legal agreement so I can officially hire him. He says the fee is still 20k bht and I agree. I never hear from him again. Never called, wont answer pages, no emails, Nothing. Not going off on a rant but that is just rude.

Now the repair shop mentions that there might be something wrong with the engine, That maybe 60%-70% of her engine is broken. Clearly looking at this case as an ATM. The insurance co starts pointing fingers at Mazda and my GF. Trying to say it is not their responsibility. I tell her to say nothing till we find another lawyer which she does

So April passes and then my GF tells me that her friend told her of a government agency that helps people who cannot afford a lawyer in situations like this. So he gives her some advice and they have a meeting with someone in the ins co a manager a few weeks later. He says he has never even heard of this case before. The "government guy" says they should re-meet again in two weeks. They do, The ins guy says the car will be ready at the end of the month (June). Suddenly the engine seems to be fine.

So here we are at the end of June. The car is seems is done. I have seen pictures and it looks pretty good. I know how ever that the car will never drive right again but maybe it will drive decently. The repair shop will confirm that the engine starts and runs. They say the car will be ready Friday. I am ready to go up there and drive this thing myself. The plan is to go up there, Inspect every inch of the car, the engine, I want to see the car on the lift and look at the underside. I do know a bit about cars and will be able to see and hear things. Then drive the car locally to make sure it drives right. Then take it to the local Mazda dealership to have them check it. The government guy agrees and says we do not give up any rights by driving away from the shop.

This story is epic I know and really long. If you have stuck it out this far thank you. If you haven't well, I understand. I tried to include every detail I could think of, I am sure there are facts missing and those that were lost in the translation. She is a good girl, a good person, A good egg as they say where I am from and she is my girlfriend. So I am trying to help.

I do know this, In America she would have a hell of a lawsuit. I know things work different here. But still, This treatment is just insane. I can't believe that all Thai's stand for treatment like this. Any advice would be appreciated. I have already anticipated every possible snarky, sarcastic, funny comment out there so please save it for genuine advice. Thanks

We just don't know what to do, She is an emotional wreck about the subject and every conversation just gets her in tears. Please help.

Thanks for reading

[stevenl]

What's the problem?

It has taken a long time, but the car is fixed now. Cut your (her) losses and get on with it.

[Ace of Pop]

Load of Waffle to me. The insurance company , handles things.

[jcgodber]

Quick like a bunny sell the car and get what you can! Take the loss hopefully a lesson learned.

[mbbnyc]

Thanks for reading, I would love to "cut our losses" That is if we can get the car back. We've been told "it's done" many times over the past year. Is it done ? Once I do get it done, Who says that it will even drive straight ? or be safe ?

As for cutting our losses, How would I do that ? I can't sell this car, Not without some full disclosure to the prospective buyer. Would you buy a car you knew was in a major ? Would you let a significant other drive one that was ? I sure don't want her driving it. Cars are designed to save your life in major just once. After that all bets are off.

As for a load of waffle, The insurance co should handle things but after a YEAR of waiting ? At what point to you say they are not doing their job ? Not to mention that they bullied her into signing something she should not have.

Again, Thanks for reading and commenting

[soi41]

Sorry, but something here just dosn't add up!

The car is on finance, so the financecompany is the owner of the car, meaning they should have done the dealings with the insurance ?

[steelepulse]

Unfortunately you're not back in Kansas Dorothy and things are handled quite differently here. As others say, either use the car once you get it, or sell it. Not too many other choices. BTW, there is no such thing as full disclosure here as all the used cars sales tents will prove.

[Nowhereman60]

The time it took to read this book you could have fix a wreck 18 wheeler. OP this is Thailand not the USA. Welcome to the LOS.

Now advice. I am given this from having wife wrech a Mazda 3 front end. After a long, long time and phone calls and going to the shop they finally fix the car after 5 months. We took the car to our Mazda shop and have them checked it over. They recorded all the problems that needed to be fix. We called the insurance and told them they did not do the job right. The insurance told us to take the car back and that they will not pay the company until they did it right. Two months later we got the car back. Still not perfert but had to pay out a few thousand more baht to get it the way she wanted it.

[Nowhereman60]

Quick like a bunny sell the car and get what you can! Take the loss hopefully a lesson learned.

Agree if you sell it you will not get close what it is worth. No one wants to buy a 2nd hand wrecked car except for parts. Get what you can out of it.

[JoeW]

I'll buy it for 100,000 THB

[mbbnyc]

Guys, I do understand that things are done differently here. I have spent a lot of time in Kenya (trust me you have it easy here). They had a saying there, I am sure you have heard it. TIA "This is Africa" But if you guys are telling me that this is simply how things are done here then fine I am willing to accept it. Fine it's TIT ( This is Thailand)

I am just trying to get a different point of view from some folks that have lived here longer and maybe find a different angle from someone who is removed enough from it to see a different way out. Maybe there are none.

I do intend to sell the car as quick as possible with disclosure if not then for parts and get what we can get.

Edited June 26, 2013 by mbbnyc

[mbbnyc]

Steelpluse, Sorry for the tone of the last post. You did actually offer advice. I might have been a bit harsh. While there may not be full disclosure here. I have my conscience and my karma to think about. But, That is just me.

Nowhereman, I agree that is the plan. We will go right to Mazda dealer right after. I wish it were just the front end. I am sure the frame was at least bent if not Cracked. We shall see. Thanks for the advice. Yes it was a long story. i just wanted to get all the details I knew in there.

JoeW. We will consider it, depending what she owes on the loan still after all is said and done. I might be willing to come close to that number. I will need whomever to sign a hold harmless agreement or something similar that says you bought it "as-is"

Thanks for the advice

Since there seem to be so few options. i think the plan is inspect the car fully top, bottom, underside. Drive it for an hour or so testing it. Then drive to Mazda showroom/repair 10k's away let them go over it. If it's not right get the insurance to fix it. Once we have done all we can do. Sell the <deleted>*ker.

[Spoonman]

So I take it the missus is not a bar girl then ?

Good to hear the car was finally fixed though, no matter how dire a situation may be there is always light at the end of the tunnel.

[mbbnyc]

Spoonman, Seriously did you miss that whole paragraph ??? ...lol No not a bar girl. i added that so there was no chalking it up to that stereotype.

ahhh but IS the car fixed and how well ? That is the question.

[Spoonman]

Just checking as went to a lot of trouble to tell us all she is not one.

As to how well it is fixed............. up to you.

[stevenl]

Sorry, but something here just dosn't add up!

The car is on finance, so the financecompany is the owner of the car, meaning they should have done the dealings with the insurance ?

No, the person using it has to take of the insurance and sort things out, not the company.

She just has to repay the finance company, that's why insurance is compulsory.

[stevenl]

Steelpluse, Sorry for the tone of the last post. You did actually offer advice. I might have been a bit harsh. While there may not be full disclosure here. I have my conscience and my karma to think about. But, That is just me.

Nowhereman, I agree that is the plan. We will go right to Mazda dealer right after. I wish it were just the front end. I am sure the frame was at least bent if not Cracked. We shall see. Thanks for the advice. Yes it was a long story. i just wanted to get all the details I knew in there.

JoeW. We will consider it, depending what she owes on the loan still after all is said and done. I might be willing to come close to that number. I will need whomever to sign a hold harmless agreement or something similar that says you bought it "as-is"

Thanks for the advice

Since there seem to be so few options. i think the plan is inspect the car fully top, bottom, underside. Drive it for an hour or so testing it. Then drive to Mazda showroom/repair 10k's away let them go over it. If it's not right get the insurance to fix it. Once we have done all we can do. Sell the <deleted>*ker.

Insurance will not do anything anymore, you're on your own.

[mbbnyc]

SM, Well I was just trying to dispel the stereotypes right out of the gate.

Yes true, But I am going to want it reasonably close to new

[Ace of Pop]

Still dont get it. Finance and Insurance team up like Pit Bulls.They take them away to their approved Folks.,not the Loan Recipients choice.

[mbbnyc]

StevenI, Why do you say that ? Do they only fix it once here in Thai ? How can that be ?

Also we have not even taken delivery of the car yet. If we go start it up and I can hear only 2 of 4 cylinders running you think I am going to drive away ? Otherwise why would they bother to do anything but a half-assed job

[ThaidDown]

Still do not see that it matters if she is a bar girl or not, yes, I know she's not, I read the first three paras.

The mistakes were made way back, only 'standard 80%' insurance and not taking that as write off value. As you say it probably will not drive right and when want to sell obvious it has been in a major accident.

Anyway waiting for the next instalment when the repair shop will not let you you take the car from their premises without signing to say it has been repaired to your satisfaction.

[mbbnyc]

Thaidown

Honestly it would not matter to me if she was a bar girl, That's just a job. Like any other job. I just figured some folks would scratch that MIGHT gravitate to the stereotype of the farang blinded by love being taken advantage by the cagey bar girl.

Yes I agree, It was not her best days when she signed stuff. I am just trying to dig her out of it.

How can I test the car if I can't drive it away ? and if I drive it to Mazda and they say "it's totally wrong and unsafe to drive" what recourse do I have ? if any ?

[CWMcMurray]

When selling your car here things are different as well...

Have sold 2 cars already here in Thailand to tents and in both cases, the tent never asked me if the car had been in any accidents and did not pull the vin # for checking... Also never had their mechanic look under the good.

Drove the car in one day and they walked around the car and took a look in side. Then took a look at the maintenance book and gave us a quote.

Said ok to the price and they advised to come back the next day with the finance paperwork.

Wife went in with ID card and finance paperwork. The dealer called the bank to confirm total outstanding. Then had the wife sign over the car and paid her the difference between what was owed on the car and the selling price

None I the cars had any accidents, but if I was you, I would not be so eager to freely advise this info

I am not saying to lie, but just don't offer any extra info if they do not ask for.

I am sure I was not jus lucky... Try out a few tents and likely that some I not all will never even ask....

Sent from my iPhone using ThaiVisa app

[stevenl]

StevenI, Why do you say that ? Do they only fix it once here in Thai ? How can that be ?

Also we have not even taken delivery of the car yet. If we go start it up and I can hear only 2 of 4 cylinders running you think I am going to drive away ? Otherwise why would they bother to do anything but a half-assed job

She signed a paper, probably saying the company is not taking any responsibility.

The maximum amount payable is 70% of the insured value.

They will simply say they are not responsible and it is getting too expensive.

Let it go, sell and start again.

[Gsxrnz]

Get the maximum value insurance you can and leave it parked unlocked with a spare key in the ignition near Nana.

[CTO]

We sold a totalled Vios 2 years old that was rolled a number of times for 220 000, book value at the time 540 000.

Wrecks here like Africa have great value as skilled panel beating labour is cheap, many smash repairs buy a wreck then repair it as a project car in spare time.

[CWMcMurray]

Get the maximum value insurance you can and leave it parked unlocked with a spare key in the ignition near Nana.

Wouldn't advise leaving the key in the car... My first vehicle here in Thailand was an Isuzu D-Max that got stolen out of the parking lot of a Wat on a Sun afternoon...

Insurance covered total value and cleared all outstanding with the finance (after 3 mo) but had to give them both sets of keys to prove we did not leave keys in car or have it "arranged" to be stolen

Insurance guy advised if one of the sets of keys were missing, insurance may not have accepted the claim

Sent from my iPhone using ThaiVisa app

[mbbnyc]

CW, Thanks I might be able to live with Don't Ask, Don't tell

StevenI yes but that paperwork was to do the work. There was nothing about a limit as far as I have been told. I will keep my eyes out for that thanks.

GSX, Not the worst idea. It had occurred to me. Allthough I am sure they would see that coming.

CTO wow only half value ? That sucks.

[Ace of Pop]

Bar Girl or Not the comment is out of order.! To help you, for what its worth,My Old Company had 5 Horid ToyoVios,5 NiceMazdas, and 5Nice City Hondas. All financed by the respective Manufactures,with their recomended Insurance as a "Package Deal"..As Reps Cars they got well wacked,but i can assure you,once the Police had finished bumbleing about,they were removed,and we heard nothing untill the Insurers asked for our Company Representative to meet up with theirs and sign them off as O.K.. Perhaps her Insurance was a Cheapo. ?. Who was It.?.

[mbbnyc]

CW and thank you for solving the problem I was thinking of....LOL

Next question is there a Thai NSA ? Is this thread being recorded ? .....lol