Roadside Justice

[Hog Head]

As I understand the system, the cop decides on the spot who is to blame in the case of an auto accident, and assesses damage.

So what happens when you do not agree with his decision regarding either blame or restitution? We all hear of foreigners being blamed in situations where they clearly are not at fault, or restitution is woefully inadaquate.

Is there any appeal process, or is one screwed at roadside with no recourse.

[jdinasia]

You misunderstand ....

you call your insurance company and they come out ... often unless there are injuries no police will be involved at all.

LOTS of people get way worked up on this topic with little or NO personal experience

[Maestro]

you call your insurance company and they come out ... often unless there are injuries no police will be involved at all.

jdinasia is right.

At the scene of the accident:

1. Keep calm.

2. Call your insurance, if anyone is injured call also the police.

3. While waiting for your insurance representative, take photos.

Then let the insurance handle it for you.

Of course, there is the possibility to appeal the decision of the police, up to the Supreme Court. Your insurance certainly won’t like to pay if it clearly was not your fault.

---------------

Maestro

[samran]

Is it still true you leave the car exactly where it ended up after the accident, even if it is blocking traffic?

[Heng]

Yes. Let your insurance guy spray paint the tires to mark the scene. You can even call 191 and tell them you are in an accident blocking X lanes of traffic, could spare the time to swing by with a can of paint?

...Or else you might wander into the "that's not what happened" other party testimony scenario.

Myself, I retire my old digital cameras to each vehicle we have, along with a pack of fresh batteries just to take photos of accidents. Have only had to take photos once (other car didn't yield in the Mall parking garage, barely my front right headlamp and turning up my hood just a bit), but IMO it makes the other party less likely to make something up. Insurance showed up in 15 minutes and collected 10,000 cash from the other party on the spot in repair damages.

Note, insurance is great, but you MAY come across the situation where say fault is not quite clear and their insurance guy will try to pin it on you and your insurance guy. You don't have to defer... you still have the option to get the police involved and let them make the call. If even the police are trying to pin it on you (this may happen in instances where the other car happens to belong to a 'somebody' with you being the 'nobody'; and you are sure you're not in the wrong), you need to then get your insurance agent involved (not just the insurance rep. on motocycle). If they are really trying to pull something, they'll probably back down.

[chippie]

I had an accident recently on Pattaya Klang, got knocked off my motorbike. The police were called and the police had no hesitation in blaming the Thai lady driving the car, much to her dismay.

I had no problems with the police at all.

[sua yai]

And if you're carted off to hospital with your leg split open and you're screaming for the police ?

Then a needle goes into you and you go sort of blurry. Then a 4 hour operation to get it all together again.

In a haze the next day, you wake up on a gurney in the middle of the corridor with the cleaning staff, heat and mossies?

Sure, there are insurance people around and you insist that you go somewhere better as your friends have come to see you and explained that you would really like to keep your leg.

My "anger shouts". It's a long while ago.

Insurance - sod them. Just as well the idiot who hit me paid for it.

[tatom]

Its done a little different in Issan. I got rear ended at a stoplight. It was the other guys fault and a traffic cop saw the whole thing. When I spoke to the cop, he said he didnt see anything and for us to move our vehicles to the side of the road and work it out ourselves.

The guy called his insurance man, who told me to get the car fixed and they paid the bill no questions asked.

Every Thai person I spoke with about the accident, told me NEVER get the police involved. Im sure they should get involved if there is personal injury.

PS I also understand many insurance companys will not cover a driver who doesnt have a Thai drivers license, even if he is driving legally, say with an international license.

[qualtrough]

You misunderstand ....

you call your insurance company and they come out ... often unless there are injuries no police will be involved at all.

LOTS of people get way worked up on this topic with little or NO personal experience

Amen to that jdinasia. I started a thread a few days ago about not driving vs. driving in Thailand and the amount of misinformation (Japanese are not allowed to drive in Thailand, limit of liability for 1st class ins. is 100,000 Baht, etc.) is pretty shocking.

I have had one accident here (knock on wood). Totally my fault so that wasn't an issue. Called the insurance rep and he took care of everything. The lady I ran into was very nice about the whole thing even though it was entirely due to my making a harebrain move and slamming into her car.

[Hog Head]

All very well and good if you have 1st. class insurance. I carry it on our family car and my bike, however it is not available on old cars, collector cars, antiques, street rods etc no matter what the condition.

Lets take the scenario where some cretin with no insurance, likely no registration here in CM, perhaps underage, and not a pot to piss in hits my valuable and irreplacable collector car. I cannot buy 1st. class insurance, and I am not at fault.

What to do?

You misunderstand ....

you call your insurance company and they come out ... often unless there are injuries no police will be involved at all.

LOTS of people get way worked up on this topic with little or NO personal experience

Amen to that jdinasia. I started a thread a few days ago about not driving vs. driving in Thailand and the amount of misinformation (Japanese are not allowed to drive in Thailand, limit of liability for 1st class ins. is 100,000 Baht, etc.) is pretty shocking.

I have had one accident here (knock on wood). Totally my fault so that wasn't an issue. Called the insurance rep and he took care of everything. The lady I ran into was very nice about the whole thing even though it was entirely due to my making a harebrain move and slamming into her car.

[jdinasia]

Different situation than you described above ....

you MIGHT be able to get 1st class (comprehensive) coverage .. but it will be pricey ...

but again you will have top of the line coverage on YOUR accidents that you cause ... and your insurance company will call the police and deal with it for you ... like anywhere else in the world you may not get full recompense for a non-insured motorist hitting you ... but you probably will.

Just talked to a friend ... you likely WILL be covered in an accident NOT caused by you ... where the other driver is uninsured.

[Hog Head]

Like I said, all well and good if you have 1st. class insurance.

Price is not the issue, and I cannot buy 1st. class insurance for collector cars, older cars, or something rare that the insurance company has not heard of, no matter what their condition. Thai Classic Car Club, agrees with this scenario, so if you know where one can buy 1st. class we all would love to know.

I am screwed when driving my non-insurable car if hit by a non or under-insured motorist.

So what to do when neither party has insurance, and one is clearly at fault?

Will the police then get involved?

[amazedat]

I was in an accident about 4 tears ago in Phuket. A pickup driven by a Belgain with his girlfriend was waiting to turn right when a Suzuki jeep driven by a Korean hit the pickup squarely from behind (even though the road was wide enough for 4 vehicles) pushing the pickup into my path. The police and my insurance rep attended, the Belgians and I were unhurt but the Korean and his passengers were pretty cut up, and I think the driver had a broken arm. The insurance company paid for my repairs and towing from the police station to the garage. Strangely I had to pay for towing to the police station from the scene. I could not get re-imbursed for this, for 'extras' like a stone chip guard fitted to my bonnet, or for the taxis I had to use while my vehicle was out of action. The police were very courteous and even typed up a report completely exonerating me from any blame for the accident. Had there been any Thais involved I trust the outcome would have been the same.

Edited July 16, 2006 by amazedat

[meadish_sweetball]

Yes. Let your insurance guy spray paint the tires to mark the scene. You can even call 191 and tell them you are in an accident blocking X lanes of traffic, could spare the time to swing by with a can of paint?

...Or else you might wander into the "that's not what happened" other party testimony scenario.

Myself, I retire my old digital cameras to each vehicle we have, along with a pack of fresh batteries just to take photos of accidents. Have only had to take photos once (other car didn't yield in the Mall parking garage, barely my front right headlamp and turning up my hood just a bit), but IMO it makes the other party less likely to make something up. Insurance showed up in 15 minutes and collected 10,000 cash from the other party on the spot in repair damages.

Note, insurance is great, but you MAY come across the situation where say fault is not quite clear and their insurance guy will try to pin it on you and your insurance guy. You don't have to defer... you still have the option to get the police involved and let them make the call. If even the police are trying to pin it on you (this may happen in instances where the other car happens to belong to a 'somebody' with you being the 'nobody'; and you are sure you're not in the wrong), you need to then get your insurance agent involved (not just the insurance rep. on motocycle). If they are really trying to pull something, they'll probably back down.

Cheers for taking the time to write that down Heng. Invaluable info.

[Heng]

No worries.

[qualtrough]

Like I said, all well and good if you have 1st. class insurance.

Price is not the issue, and I cannot buy 1st. class insurance for collector cars, older cars, or something rare that the insurance company has not heard of, no matter what their condition. Thai Classic Car Club, agrees with this scenario, so if you know where one can buy 1st. class we all would love to know.

I am screwed when driving my non-insurable car if hit by a non or under-insured motorist.

So what to do when neither party has insurance, and one is clearly at fault?

Will the police then get involved?

I would like to know about that too. In the US they have 'agreed value' policies for collector cars where the insurance company agrees to accept a valuation by an assessor. I haven't heard of that being done here, but with the increasing interest in old/collectible/exotic cars here that would be a niche market that I would think someone could profitably cover soon.

[Scott]

I've had very good luck with insurance and police. I've only had one accident, but the police, insurance and the other person all agreed it was my fault! My insurance paid!

By the way, if you are planning an accident--try not to have a head-on collision with a cement truck.

[qualtrough]

I've had very good luck with insurance and police. I've only had one accident, but the police, insurance and the other person all agreed it was my fault! My insurance paid!

By the way, if you are planning an accident--try not to have a head-on collision with a cement truck.

Thanks for the advice Scott! How about a 10 wheeler, would that be any better?

Glad that you are still around to write the tale!