Hit by a truck

[CarolineInKrabi]

I was hit by a truck doing an illegal u turn in a very stupid place, whilst riding my large motorbike. I am badly injured and it will be at least 3 months before I will be able to walk.
He admitted 100% fault and all the police reports are completed. My doctor gave me a letter explaining that I will be unable to work for 3 months because I will be in a wheel chair and I have other limitations.
I have both Health insurance and full motorbike insurance and luckily he also has insurance. We used a combination of my insurances to pay the hospital bills with 38,000.00 not covered. His insurance pays the overage and is supposed to cover my rehab and medical expenses for the next 3 months.
Is it worth trying to get compensation from the driver? I will have expenses that won't be covered by his insurance. For example I live alone and I am finding it very hard to get around and do simple things. I need a helper who has some experience with disabled persons as I am very new to this.
I run my own business and I am already suffering financial loss in the wake of this accident. I had to close whilst I was in the hospital. The property is not wheelchair friendly and can not be converted. I have hired new staff and hope to reopen soon.
My Motorbike was totalled, I am unable to drive and will have to use taxis to get to rehab and food.
I have so many follow up appointments in my future and I worry that I will not be able to pay for them when the insurance runs out. Plus I don't have a clear understanding of any long term injuries.
With no salary, extra staff, no income coming in and no savings, I worry.
I don't want to take advantage of the situation, It was an accident and I am so happy to be alive. But I don't want to get screwed over either especially as life is going to be very tough for the next little while!
I apologize if I have not been clear enough, the painkillers have turned me into a space cadet. Any advice you can give me or perhaps a shove in the right direction would be very much appreciated.

[WitawatWatawit]

Tough break, Caroline. I hope your recovery goes well. You won't have much luck with the driver, but you might be able to get compo from his company. See what a lawyer says - check the legal advise section on TV, or send in a question.

[ATF]

First off you should say what class of insurance you both had and who the Police blamed for the accident.

[krisb]

Bloody motorbikes, it's the other idiots on the road you gotta watch out for.

I would be going for compo out of him. Guaranteed he would be if it was the other way round.

[moe666]

Bloody motorbikes, it's the other idiots on the road you gotta watch out for.

I would be going for compo out of him. Guaranteed he would be if it was the other way round.

The guys a truck driver what do you expect out of him his first unborn child. Put your insurance company on his and the company go where the money is. A friend (Thai) daughter was almost killed in a accident she did lose here baby 3 months along. The family got 100,000 baht out of the driver not much considering how much it cost my friend. The daughter is now doing well and expecting again

[mania]

First off you should say what class of insurance you both had and who the Police blamed for the accident.

I have both Health insurance and full motorbike insurance and luckily he also has insurance

He admitted 100% fault and all the police reports are completed

I have both Health insurance and full motorbike insurance and luckily he also has insurance.

Seems like she did?

Full usually means 1st class

If he admitted 100% fault & reports are done I would guess it is as stated in reports also

I guess his class of insurance is not stated though

Good Luck OP sorry to hear of this accident.

Those U Turns are a real hazard everywhere in LOS

I think if you want more than Insurance you would need a Lawyer & lodge a civil case

Edited October 6, 2014 by mania

[robblok]

I would try to go for as much as possible because those bloody people need to realise they endanger people on motorbikes. I know that when our car hit a concrete pilon and a taxi hit us the gf even paid the taxi driver for the days he could not work. So Thais do get compensation get it too. The fact that the guy is just a driver will teach him to be more considerate next time.

[Beardog]

Hope you have a safe recovery Caroline. I have to dodge at least 3 or 4 Kamikazes that are hell bent on dying coming from Bang Saray to Pattaya every Friday. From what I see in these cases where people get hurt & the other driver is at fault it is very difficult to get any compensation other than the amount from the ins. companies. If the insured is successful & actually has a bank account & does not owe for the truck you may have a chance to recoup some more compensation. Unfortunately You can't get blood out of a turnip saying probably started in LOS not the U.S.Wish you a quick recovery!

[ll2]

First of all, sorry for the accident and it is good that you are OK to write this. Hope you gey well soon.

You can get compensation. Thai people do it and i remember a case of foreigner compensated monthly for living expenses due to him unable to work. You can ask a mass compensation as well.

Very normal in Thailand. Just negotiate with them at police station first with the help of your lawyer withhout making things nasty, if not go to court and if the driver is the faulty side, sure you win.

Edited October 6, 2014 by ll2

[A1Str8]

I love girls on big bikes. I wish you a quick recovery and a caring loving man so you don't need to do it alone.

[H1w4yR1da]

I love girls on big bikes. I wish you a quick recovery and a caring loving man so you don't need to do it alone.

So do I. Get well soon.

BTW, what were you riding?

Edited October 6, 2014 by H1w4yR1da

[eisfeld]

Hi Caroline, I'm sorry to hear about your accident and wish you a fast recovery. I am sure pretty much anyone riding a (big) bike in Thailand got into dangerous situations like that but got lucky to not get hit. This time you were not so lucky

Don't be afraid of asking for compensation and an extremely good advise that was mentioned before is to go after the company of the driver. They have the cash for sure and with a good lawyer you'll have reasonable chances in front of a court to get some money to at least partially recover what you lost and will be losing because of this incident. Don't wait too long though, get in contact with a lawayer in the coming days. Be careful to pick a serious law firm.

Another advise would be to carefully keep all paperwork regarding this accident. That means the police report, bills from your hospital, the motorbike dealer, communication with your insurance company, his insurance company, the rehab clinic and the truck driver. Every communication should be in writing, insist on this if needed. Stay firm but friendly. The guy is probably not very wealthy but he seems to be a professional driver and therefor no excuses for doing something so dangerous. You already suffered enough from something totally not your fault so don't feel sorry for him and don't just let it go.

Good luck and get well soon!

[ATF]

First off you should say what class of insurance you both had and who the Police blamed for the accident.

I have both Health insurance and full motorbike insurance and luckily he also has insurance

He admitted 100% fault and all the police reports are completed

I have both Health insurance and full motorbike insurance and luckily he also has insurance.

Seems like she did?

Full usually means 1st class

If he admitted 100% fault & reports are done I would guess it is as stated in reports also

I guess his class of insurance is not stated though

Good Luck OP sorry to hear of this accident.

Those U Turns are a real hazard everywhere in LOS

I think if you want more than Insurance you would need a Lawyer & lodge a civil case

If he had full insurance why would it be necessary to use a combination of both insurances to pay the medical bills? Considering he admitted to being at fault.

Do it properly get a lawyer.

[mania]

If he had full insurance why would it be necessary to use a combination of both insurances to pay the medical bills? Considering he admitted to being at fault.

Do it properly get a lawyer.

It is normal operating procedure

Main take away is the two insurances were used & not out of OP's pocket to leave hospital.

Her insurance will now go after the guys insurance for what they paid if he was at fault.

Lawyer?? She better save up for the transfusion she will need as those

blood sucking leeches will always make more than the client

There is a good reason they bury normal folks 6' deep & lawyers 10' deep

Supposedly because deep down they are good guys lol

kidding aside as I said if she wants to go civil yes she will need a lawyer

but her best bet is getting her insurance to fight for her additional costs

Other insurance companies will settle with another insurance company much easier than an individual

has been my experience. I expect here even more so as they see a foreigner as having less smarts as to

how the civil system works here

Edited October 6, 2014 by mania

[ATF]

If he had full insurance why would it be necessary to use a combination of both insurances to pay the medical bills? Considering he admitted to being at fault.

Do it properly get a lawyer.

It is normal operating procedure

Main take away is the two insurances were used & not out of OP's pocket to leave hospital.

Her insurance will now go after the guys insurance for what they paid if he was at fault.

Lawyer?? She better save up for the transfusion she will need as those

blood sucking leeches will always make more than the client

There is a good reason they bury normal folks 6' deep & lawyers 10' deep

Supposedly because deep down they are good guys lol

kidding aside as I said if she wants to go civil yes she will need a lawyer

but her best bet is getting her insurance to fight for her additional costs

Other insurance companies will settle with another insurance company much easier than an individual

has been my experience. I expect here even more so as they see a foreigner as having less smarts as to

how the civil system works here

I agree with you but looks to me like the guy had Por Ror Bor insurance.

I believe there are Ambulance Chaser Lawyers in Thailand now. No win no fee.

Yes she should initially put in as many claims as required to her own insurance first to get them to fight the case.