Who should pay for the damage?

[salapau]

Tell the woman who rents the bike to you that you don't want it anymore. Buy a second hand bike and get it insured properly.

[crumpled]

For those sying the OP should pay.

In many cases 2000 Baht is not really a big problem BUT why should we (he) pay the money when he has done nothing more than park his rental bike outside his own property. Some careless driver comes along and prangs the bike, admits to causing the offence and that makes the driver responsible.

Agreement has been reached over the repairs that did not involve the OP paying anything. That agreement should be adhered to.

I still think the OP and his wife should agree on their strategy and then the OP should let his wife do the talking while he stays in the background - presuming the wife is competent enough to do this.

Best of luck with it, OP.

[lemoncake]

INSURANCE.

Presume you had some.

Do tell what rental bikes come with insurance which covers property damage in an accident?

Not really the point here but I do love these rental companies and their 'taking insurance' like it's extra.

Their entire business is based on 'other people' driving their vechicles and I presume they are ALL Insured .... yet you rent and you 'take out' insurance.

I can't believe vehicles are only covered for the duration of someone renting them, or are they? Just seems odd

For the OP ... the truck driver expected you to pay ... oh really? What a surprise!

Hardly any bike rental shop has accident insurance because it costs a fortune to have. Not to mention most renters do not have Thai drivers license , so would not be covered anyway

[umbanda]

I believe that if you rented the bike without leaving your passport or a cash deposit, probably the bike was insured. Without any of that, the owner of the rent shop do not have any way to force you to pay the damage. If it a police report, you have enough witnesses, to put the responsibility on the truck driver. Will be wise for you to find your contract and the truck driver's company info. Surely they have insurance on the truck.

[Colabamumbai]

A police report at the time even now would be in your interests, you should not have to pay anything, unless it is the Police office fee of 200 or 300 Baht with a receipt, as the truck driver hands you 4,000 Baht and the cops take a photo to show all is settled. My experience with accidents in Thailand.

Could you get some more money for say lost time at work due to no vechicle, he would be liable for that. as I was and had to pay. Round it out at 6,000 Baht for your lost time and trouble.

[Razzler1973]

INSURANCE.

Presume you had some.

Do tell what rental bikes come with insurance which covers property damage in an accident?

Not really the point here but I do love these rental companies and their 'taking insurance' like it's extra.

Their entire business is based on 'other people' driving their vechicles and I presume they are ALL Insured .... yet you rent and you 'take out' insurance.

I can't believe vehicles are only covered for the duration of someone renting them, or are they? Just seems odd

For the OP ... the truck driver expected you to pay ... oh really? What a surprise!

Hardly any bike rental shop has accident insurance because it costs a fortune to have. Not to mention most renters do not have Thai drivers license , so would not be covered anyway

I am sure there must be a different way around such things for rental businesses otherwise the whole tourism/rental business is finished!

[lemoncake]

I am sure there must be a different way around such things for rental businesses otherwise the whole tourism/rental business is finished!

There is none. Especially bike rentals. Even travel insurance does not cover bike accidents

Edited November 27, 2013 by lemoncake

[Paangjang]

Update: The truck driver came in the shop the afternoon. He told us he had been to see the rental lady with 2000 and asked to pay her that then pay the rest to her when his pay check clears on the 5th/6th. He said she told him to deal with me as it's my problem and my job to pay her. So she sent him and his 2k to us. Now, i don't know if i did the right thing or not, but i told him to come back and see me on the 6th with the 4k in total.

I did this because i don't want him to pay us 2k then think he's done his bit to help, play it down etc then not pay anymore. I don't want to be dealing with any money at this point. I'm still leaving this up to him and the renter. However if he comes to me on the 6th with 4k then obviously i'll make the hand over, end of. Make sense?

[lemoncake]

Update: The truck driver came in the shop the afternoon. He told us he had been to see the rental lady with 2000 and asked to pay her that then pay the rest to her when his pay check clears on the 5th/6th. He said she told him to deal with me as it's my problem and my job to pay her. So she sent him and his 2k to us. Now, i don't know if i did the right thing or not, but i told him to come back and see me on the 6th with the 4k in total.

I did this because i don't want him to pay us 2k then think he's done his bit to help, play it down etc then not pay anymore. I don't want to be dealing with any money at this point. I'm still leaving this up to him and the renter. However if he comes to me on the 6th with 4k then obviously i'll make the hand over, end of. Make sense?

Rental lady sounds like an idiot. Time to contact tourist police and lodge complaint.

She negotiated the deal direct with the driver, leaving you out of it. It is now her responsibility to follow up , not yours.

She made the deal and gave you another bike , it is the end of this story from where you stand.

Keep in mind she was not negotiating on your behalf , she have you another bike, clearing you of all responsibility

Edited November 27, 2013 by lemoncake

[Neeranam]

Just don't pay.

Recently a 30 y/o old pick up truck backed into my car causing some damage. The guy, a builder and his son talked to me and admitted it was their fault. We went to their temporary tin hut on the site and I got his phone number. He said he would pay at the end of the month when he got paid. Guess what ? At the end of the month he still couldn't afford to pay me the 2000 baht we discussed. I told him to forget it as these guys get paid very little. None of us had insurance that covered it. I only have compulsory insurance and he had none. I believe in karma and accepted it as such. However, I wouldn't pay the money tfor a damaged rental bike. Actually, I once got a rental truck and damaged it when I knocked a farang university lecturer off his bike at eh Uni I worked in. He took it pretty well and only asked for 500 baht for a new shirt and wing mirror. When taking the car back I never told them about the dent and they never noticed. What goes around comes around.

I have a mate who was banged into by a pick up truck in Phuket and he ended up paying them 6,000 baht for the repair of their truck. I guess people like him make it worse for the rest of us, but then again he is very rich and couldn't be bothered with the hasssle and wait at the police station.

Just say no, you haaven't any money, or agree and say you'll pay later but do it the Thai way and conveniently forget.

[Paangjang]

Just don't pay.

Recently a 30 y/o old pick up truck backed into my car causing some damage. The guy, a builder and his son talked to me and admitted it was their fault. We went to their temporary tin hut on the site and I got his phone number. He said he would pay at the end of the month when he got paid. Guess what ? At the end of the month he still couldn't afford to pay me the 2000 baht we discussed. I told him to forget it as these guys get paid very little. None of us had insurance that covered it. I only have compulsory insurance and he had none. I believe in karma and accepted it as such. However, I wouldn't pay the money tfor a damaged rental bike. Actually, I once got a rental truck and damaged it when I knocked a farang university lecturer off his bike at eh Uni I worked in. He took it pretty well and only asked for 500 baht for a new shirt and wing mirror. When taking the car back I never told them about the dent and they never noticed. What goes around comes around.

I have a mate who was banged into by a pick up truck in Phuket and he ended up paying them 6,000 baht for the repair of their truck. I guess people like him make it worse for the rest of us, but then again he is very rich and couldn't be bothered with the hasssle and wait at the police station.

Just say no, you haaven't any money, or agree and say you'll pay later but do it the Thai way and conveniently forget.

Thats the plan

[Konini]

I am sure there must be a different way around such things for rental businesses otherwise the whole tourism/rental business is finished!

There is none. Especially bike rentals. Even travel insurance does not cover bike accidents

Ours does - providing we are complying with all local laws, including local or international drivers licence when this is required, wearing helmets and within the applicable drink-driving allowances. Each year when I renew (or more properly take out a new) annual travel insurance policy, I ask and get the confirmation in writing, even though it is detailed in the policy.

I believe policies issued in UK do not cover motorbikes, even if riding pillion. We have an Australian-issued policy and are fully covered. This year, I looked at a couple of different companies, again asking and getting confirmation in writing when I got quotes, no problem.

EDIT: The written confirmation is very specific about being in compliance with local laws and regulations.

Edited November 28, 2013 by Konini

[Paangjang]

So the rental lady came in the shop this morning, along with her little entourage from somtumburi. They told my gf if we don't pay the money by the end of the month they'll file a police report. My gf just told them to do whatever they want. She told them we don't have the money and that we wont get involved unless the thai guy gives it to us... Otherwise it's not our problem anymore. ofcorse now my gf is losing her bottle and getting scared by the threats. She doesn't understand much about it and just says she's scared of going to jail. Give me strength...

[Huayrat]

So if someone crashes into your bike you have to pay for it.. No way.. Don't pay a penny

[Paangjang]

So if someone crashes into your bike you have to pay for it.. No way.. Don't pay a penny

Right. Likewise, if i go and smash someones bike up should they pay for the damage?

[lemoncake]

I am sure there must be a different way around such things for rental businesses otherwise the whole tourism/rental business is finished!

There is none. Especially bike rentals. Even travel insurance does not cover bike accidents

Ours does - providing we are complying with all local laws, including local or international drivers licence when this is required, wearing helmets and within the applicable drink-driving allowances. Each year when I renew (or more properly take out a new) annual travel insurance policy, I ask and get the confirmation in writing, even though it is detailed in the policy.

I believe policies issued in UK do not cover motorbikes, even if riding pillion. We have an Australian-issued policy and are fully covered. This year, I looked at a couple of different companies, again asking and getting confirmation in writing when I got quotes, no problem.

EDIT: The written confirmation is very specific about being in compliance with local laws and regulations.

You are very lucky to find one, but how many tourists have Thai driving license? and do keep in mind, in a tiny print right at the bottom it does say local driving license.

International permit along with your home country license will deny your claim.

Many threads about this already

[Konini]

You are very lucky to find one, but how many tourists have Thai driving license? and do keep in mind, in a tiny print right at the bottom it does say local driving license.

International permit along with your home country license will deny your claim.

Many threads about this already

Thai law says to drive in the Kindgom, if you don't have a Thai licence then you must carry a valid drivers' licence and an International Driver Licence from your home country I know people who have made claims.

The insurance company we've been with for the last 9 years of travel insurance (annual policies) gave me a document (which I conveniently can't find) a few years ago when I nagged and email-bombed them with the regulations for all the countries in Asia where we were travelling to extensively. I was surprised to read in that document that in Cambodia you have to get a local licence to drive or ride (I think they are $5 and you can get one from a 7-11 almost). Very plainly spelled out in the letter, no local licence in Cambodia, no insurance coverage. In Malaysia, just your home country licence is required. We have a little scooter here in CM, but my husband hires a big sports bike once a month and goes for a blast on the Mae Hong Song Loop, and he sometimes hires big trail bikes to play when we're on holiday in different countries (for some reason he's never done it here in the 3 or 4 years we've been based in CM). We're covered if he's on unsealed roads, but once he goes off-road he's not covered, and that's fair enough. Fortunately, he's getting old, so the unsealed roads are rough enough for him nowadays. Because of the sports bikes, I have always made sure that we are fully covered for medical and public liability if he hits a Merc or a Jag or trashes a 500,000 baht bike. I'm quite sure the optional 100 baht a day surcharge for insurance he always pays would not cover very much. I mean, really, a $3 policy for an $17,000 bike? I don't think so. Our insurance company gave me the guidelines and as long as we are doing what is legally required in the country we are in, we're covered. The only thing I found to be a bit ambiguous was alcohol. I think if there is any alcohol in your system at all, even if below the legal limit for that country, will cause problems. Fair enough, I've always had a thing about drink driving, so that condition not a problem.

As well as knowing a couple of people who have claimed without problem, one I imagine big money as he was badly injured and in ICU for a couple of weeks in Jakarta, I also know 2 and have heard of others being in bike bingles in Thailand, Indonesia and Malaysia who have had their claim rejected. I think all, certainly the 2 people we know, had international drivers licence so thought they were doing the right thing, but only for car; an International licence is only valid for bikes if you have passed your bike test in your home country and your drivers' licence AND the international licence says so.

I really have been anal about ensuring we are always fully covered. In the early days, I was only really concerned about medical and air evacuation back to Aus, but I've realised that we're the farang (or the local equivalent of whichever country we're in) and as everybody knows all farangs have loads and loads of money to pay for damages, guilty or not from the threads I've read here on TV forum. We worked really hard for years to retire early, and don't want to see all that effort go to waste because we have to pay out a lot of money for lack of insurance.

[Paangjang]

This is funny. The rental lady came in the shop this morning and told my girlfriend she had lost the original rental contract. She asked if we could fill out a new one and give her a new copy of my passport. Can you guess my response? Do one lady....

[lemoncake]

This is funny. The rental lady came in the shop this morning and told my girlfriend she had lost the original rental contract. She asked if we could fill out a new one and give her a new copy of my passport. Can you guess my response? Do one lady....

Why did you not agree to do one for a bargain price of 4000 baht?

[UncleJ]

Why don't you take a flying <deleted> at a rolling doughnut? Why don't you take a flying <deleted> at the mooooooooooooon? That's what I would tell her.

The truck driver smashed her bike, tried to give her 2,000bt and a promise for the balance even though she screwed him on the repairs.... She refused the money and is now going to the cops to sue you, a long term customer?

Edited December 6, 2013 by UncleJ

[stedyedy]

I rent a motorbike for my girlfriend on a monthly basis. Last week, whilst the bike was parked in front of her shop we heard a bang. The Foreman of the Burmese construction team working next door had hit it with his truck. There didn't seem to be any major damage, just scratches and a few split pieces of plastic.

The old Thai guy accepted responsibility and we all waited for the rental company owner to arrive. Basically i thought the best thing to do was to leave the negotiations for those 2 parties to discuss. After a big argument the driver agreed to fix all damage but said he would get it done by his friend to save him money. They agreed it would be done on the morning of the 24th. We switched our bike for a different one, as the rental lady had no problem with us. Long story short, the driver didn't show up on the 24th so the rental operator got it fixed by their people. The bill given to the truck driver was ฿4000. He says he will only pay ฿2000. Therefore the rental operator told my girlfriend that i should be the one paying for all the damage.

My questions are who should pay the 4k and if i don't pay it what legal steps can she take or should i take? Shes already I know its not a large amount of money but i don't want to have to pay for someone else’s accident. The bike was parked on our property when he swung by and hit it.

This is where video phones come in handy to record incidents and negotiations between everyone so if they take you to court you can show the agreements made.

Sent from my iPhone using Thaivisa Connect Thailand

[Paangjang]

Why don't you take a flying <deleted> at a rolling doughnut? Why don't you take a flying <deleted> at the mooooooooooooon? That's what I would tell her.

The truck driver smashed her bike, tried to give her 2,000bt and a promise for the balance even though she screwed him on the repairs.... She refused the money and is now going to the cops to sue you, a long term customer?

Yes, all you've said is correct.

So, yesterday was the 6th (the promised payment day) Surprise surprise, the truck driver didn't turn up to make the remaining payment. The rental lady came over this morning, again with 4 of her friends (so scary ) She said if she didn't get the money by the end of the day she'll file a police report. Not sure if she wants to sue me or the truckie but again i said "Up to yoooo."

We'll see what comes of it....

[lemoncake]

Why don't you take a flying <deleted> at a rolling doughnut? Why don't you take a flying <deleted> at the mooooooooooooon? That's what I would tell her.

The truck driver smashed her bike, tried to give her 2,000bt and a promise for the balance even though she screwed him on the repairs.... She refused the money and is now going to the cops to sue you, a long term customer?

Yes, all you've said is correct.

So, yesterday was the 6th (the promised payment day) Surprise surprise, the truck driver didn't turn up to make the remaining payment. The rental lady came over this morning, again with 4 of her friends (so scary ) She said if she didn't get the money by the end of the day she'll file a police report. Not sure if she wants to sue me or the truckie but again i said "Up to yoooo."

We'll see what comes of it....

She hired a mob