Fatal RTA in Samui leads to dispute over who will pay for damage to a taxi

[webfact]

Fatal RTA in Samui leads to dispute over who will pay for damage to a taxi

KOH SAMUI: -- On Saturday a Russian tourist was involved in a fatal accident with a local taxi driver. At around 2pm Martin Johannes drove into head on into the back a taxi at the front of Song Suzi near Paradise Chaweng fatally injuring himself.

This tragic accident has now caused much speculation on a Thai social media site as to who is to be held responsible for the damage to the taxi. The taxi driver was in no way to blame for the accident and the demise of the diver of the rented bike has left him considering if the owner of the rented bike should be held accountable for the damage. While such incidences are deeply regrettable it does highlight the ongoing problems associated with the lack of insurance provided with rental motorbikes and the dangers posed by the roads of Koh Samui for residents and visitors alike.

Concerned local residents have set up the Roads of Koh Samui Facebook page to try to highlight the problems faced by divers on the island, the majority of whom still elect not to wear protective clothing or helmets even if they are new to the island and have little or no experience of riding a motorbike.


-- Samui Times 2015-01-28

[cornishcarlos]

Divers on scooters is gonna get messy !

[Briggsy]

The taxi driver's rice bowl is broken. Someone MUST pay. But he is dead. Someone else MUST pay. Taxi drivers on Samui never lose out. It is in their job description. I am surprised that a farang walking past was not collared, blamed and forced to pay up.

[Tatsujin]

It's simple, the insurance on the rented scooter will cover it. If there's no insurance, the owner of the scooter pays. Insurance is (supposed to be) included when you rent any vehicle, if the owners don't bother to pay it, then they are responsible.

[craigt3365]

It's simple, the insurance on the rented scooter will cover it. If there's no insurance, the owner of the scooter pays. Insurance is (supposed to be) included when you rent any vehicle, if the owners don't bother to pay it, then they are responsible.

That, and enforce the rules of the road properly. Wear helmets, don't pass illegally, don't speed, don't park on the road illegally, no reckless driving, lights working properly, etc, etc, etc. That would probably also help a bunch. Especially if violations resulted in severe penalties.

[steve187]

It's simple, the insurance on the rented scooter will cover it. If there's no insurance, the owner of the scooter pays. Insurance is (supposed to be) included when you rent any vehicle, if the owners don't bother to pay it, then they are responsible.

That, and enforce the rules of the road properly. Wear helmets, don't pass illegally, don't speed, don't park on the road illegally, no reckless driving, lights working properly, etc, etc, etc. That would probably also help a bunch. Especially if violations resulted in severe penalties.

But TiT, so it will not happen

[smedly]

It's simple, the insurance on the rented scooter will cover it. If there's no insurance, the owner of the scooter pays. Insurance is (supposed to be) included when you rent any vehicle, if the owners don't bother to pay it, then they are responsible.

100% agree with this

[impulse]

Taxi driver's insurance should probably pay out under the "uninsured motorist" clause. (But that's back in nanny-land)

Then they pursue reimbursement under a procedure called subrogation. That's right in their wheelhouse, and not the taxi drivers'.

The other question- not mentioned- is, "who pays for the wrecked scooter?"

[Bung]

I would have thought the taxi driver would have to pay for the dead farangs funeral and give his family some money regardless. That is what happens when a farang kills a Thai on a scooter even if the rider is pi**ed out of his brain and at fault.

[konying]

May be I am crazy, but is it not the problem of taxi insurance company ? Or the whole debacle is because taxi do not have insurance?

[jaywalker]

If it was a farang in a car that got hit by a Thai on a bike, he'd be ticketed for "Stopping too suddenly" and be behind bars.

[luudee]

Isn't that covered by the car insurance ?

Unless the taxi does not have any ....

[Johnnie99]

Why is this even a newsworthy item?

As so many have said, 'insurance' is the answer.

No insurance, scooter owner.

Is someone not understanding this?

[Johnny S]

A falang was involved so of course he is to blame and has to pay for damage even tho he is dead - Next will be that some villagehead-nutjob ask thai-authorities to sue the dead Guys Family - Good luck with that BTW

[Tropicalevo]

There are conflicting 'laws' here. It was explained to me a long time ago. Accident between -

bike and motorbike - motorbike pays

car and bike - car pays

lorry and car - lorry pays.

The reasoning being that the owner of the larger of the two has more money!

Hi-so hits anyone - anyone pays. Hi-so can buy freedom

foreigner hits anyone - foreigner pays as we all have more money than most Thais.

When a Thai truck ran into the back of my wife's car, she took the number and went to the police. They said - claim on insurance.

As many have said - insurance should pay. If the bike has the compulsary insurance - it will pay a max of 50,000 baht to the taxi. Meanwhile - the taxi driver should also pay something to the family of the dead guy. (But do not hold your breath.)

That's my understaing of life here anyway. In a traffic case that I was involved in at court - the judge's words were 'even if you are innocent - as a foreigner you have to pay something.'

[Don Mega]

There are conflicting 'laws' here. It was explained to me a long time ago. Accident between -

bike and motorbike - motorbike pays

car and bike - car pays

lorry and car - lorry pays.

The reasoning being that the owner of the larger of the two has more money!

Hi-so hits anyone - anyone pays. Hi-so can buy freedom

foreigner hits anyone - foreigner pays as we all have more money than most Thais.

When a Thai truck ran into the back of my wife's car, she took the number and went to the police. They said - claim on insurance.

As many have said - insurance should pay. If the bike has the compulsary insurance - it will pay a max of 50,000 baht to the taxi. Meanwhile - the taxi driver should also pay something to the family of the dead guy. (But do not hold your breath.)

That's my understaing of life here anyway. In a traffic case that I was involved in at court - the judge's words were 'even if you are innocent - as a foreigner you have to pay something.'

What a load of poppy cock.

[ToddinChonburi]

Drove into head on into the back What the hell !!!!!!!! Translation please, anyone.

[robertson468]

It's simple, the insurance on the rented scooter will cover it. If there's no insurance, the owner of the scooter pays. Insurance is (supposed to be) included when you rent any vehicle, if the owners don't bother to pay it, then they are responsible.

Why should an innocent party (m/c owner) be liable for the actions an other (the rider). All vehicles for hire should carry insurance and I would have thought that all Taxis must have fully comprehensive insurance, they are after all being hired and can carry up to 4 passengers, who could equally be injured in an accident. Therefore, if the innocent party can not claim off the guilty party's insurance, they have to claim off their own fully comprehensive insurance. Simple and logical - ah, forgot, this is Thailand!

[Tropicalevo]

What a load of poppy cock.

Thank you for your valuable contribution to this thread. Very eloquant.

However, as you were neither at the police station in the first example, nor the court in the second one, I am interested as to how you obtained your opinion. (Fol de rol?)

[Don Mega]

What a load of poppy cock.

Thank you for your valuable contribution to this thread. Very eloquant.

However, as you were neither at the police station in the first example, nor the court in the second one, I am interested as to how you obtained your opinion. (Fol de rol?)

Yeah Iam just speaking from experience myself. most recent accident was a scooter ran into the side of me.

Guess who paid for the repairs to my pickup...... not me.

Yet according to the crap you spewed forth I should have been paying for the scooter.....

[Tropicalevo]

Yeah Iam just speaking from experience myself. most recent accident was a scooter ran into the side of me.

Guess who paid for the repairs to my pickup...... not me.

Yet according to the crap you spewed forth I should have been paying for the scooter.....

Well done - you did well to get a Thai on a scooter to pay for the repairs to your truck.

I have not heard of that happening very often.

Last week I saw a Thai on a scooter run into the back of a car in Fisherman's village (Thai car driver) and the two drivers spent a couple of minutes talking then the scooter driver pushed his scooter down the road. No details/money changed hands. I asked the Thai car driver if he wanted my name as a witness (and I have a car cam). His reply was 'what is the point - he has no money'.

I was the person that the judge and the policeman spoke to in my examples. So - one person's crap is another person's experiences. I guess that everyone has similar stories from both sides. My point was to show that UK/USA law whatever does not rule here.

Have a great day

[evadgib]

What a load of poppy cock.

Thank you for your valuable contribution to this thread. Very eloquant.

However, as you were neither at the police station in the first example, nor the court in the second one, I am interested as to how you obtained your opinion. (Fol de rol?)

Yeah Iam just speaking from experience myself. most recent accident was a scooter ran into the side of me.

Guess who paid for the repairs to my pickup...... not me.

Yet according to the crap you spewed forth I should have been paying for the scooter.....

You do it on a serial basis?

[Don Mega]

What a load of poppy cock.

Thank you for your valuable contribution to this thread. Very eloquant.

However, as you were neither at the police station in the first example, nor the court in the second one, I am interested as to how you obtained your opinion. (Fol de rol?)

Yeah Iam just speaking from experience myself. most recent accident was a scooter ran into the side of me.

Guess who paid for the repairs to my pickup...... not me.

Yet according to the crap you spewed forth I should have been paying for the scooter.....

You do it on a serial basis?

Average out to about 2 every 5 years.

[Lancashireman]

It's simple, the insurance on the rented scooter will cover it. If there's no insurance, the owner of the scooter pays. Insurance is (supposed to be) included when you rent any vehicle, if the owners don't bother to pay it, then they are responsible.

100% agree with this

So do I!

[wannabee]

What is a RTA?

[Don Mega]

Road Traffic Accident.

[Basil B]

The taxi driver's rice bowl is broken. Someone MUST pay. But he is dead. Someone else MUST pay. Taxi drivers on Samui never lose out. It is in their job description. I am surprised that a farang walking past was not collared, blamed and forced to pay up.

The Taxi driver should have had fully comp insurance, but there again so should the bike rider have at least 3rd party, and the owner of the bike should have checked or provided insurance for the rider, that would also mean checking that the rider was qualified to ride the bike, if not this would almost certainly negate any insurance held.

Maybe the taxi driver should go seize the Russians corpse until his relatives pay up, well that should certainly cause an international stink...