I hit someone today

[namatjira]

the op has already knows the answer, it's the name of the thread, " I hit somebody today ",

It was not " somebody hit me today ".........I would be having a good drink tonight

[laowai1960]

I had an almost identical collision two weeks ago.

I was riding a motorcycle, Honda Wave, along a narrow road approaching the soi on which my apartment is located, on the right. I turned on my right turn indicator at least 200 metres before the intersection.

As I began to turn, a young Thai guy, also riding a Honda Wave, tried to overtake me. I saw him out of the corner of my eye and immediately swerved to the left. The left footrest of his bike caught the right front leg guard of my bike and ripped it off.

After impact, he slowed to an almost halt, but then accelerated away. I went after him and he pulled over when I came alongside. He apologized but said the accident was my fault because he had signaled to overtake me. I couldn’t convince him that, signal or no signal, an overtaking vehicle is ALWAYS in the wrong if a collision occurs whether it is with the vehicle being overtaken or a vehicle traveling in the opposite direction. The driver of an overtaking vehicle has a strict obligation to ensure that it is safe to overtake at all times.

Anyway, a crowd gathered and someone called the police at my request. Waited for 30 minutes and then 3 police officers arrived. After speaking with each of us, the police told the Thai guy that he was at fault.

Damage to my bike was agreed at B1,000. The Thai guy had to phone his brother to bring some money, which took 20 minutes. The police stayed until the brother arrived and handed me the money. Everyone then went on their way.

Edited June 3, 2015 by laowai1960

[rocketboybkk]

Get ready for jail. If they're badly injured get ready to pay. There's no escaping this now the BIB are involved. I reckon jail time & a big fine or a MASSIVE bribe to make it go away.

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[OccamsRazor]

Get ready for jail. If they're badly injured get ready to pay. There's no escaping this now the BIB are involved. I reckon jail time & a big fine or a MASSIVE bribe to make it go away.

What nonsense. Op, disregard some of these scare tactics from members. Member zeichen has it spot on in his post here.

[richard_smith237]

OP - I had a similar accident about 15 years ago with a Mini-Van.

I was turning right off Petchaburi Road (Bangkok) into an office building.

I was indicating, as I turned the van tried to over take me and hit my drivers door (no injuries).

Outcome: 50:50 on insurance.

Long version of the story:

The Van driver said I wasn't indicating... I argued that I'm British, we are trained to a high standard, when I make a turn I use my indicator at all times. This worked, the BiB believed me and asked the Van driver why he didn't see my indicators. The van driver changed his story that there was a car between him and I. I still argued that he wasn't paying attention if he couldn't see my indicators...

It was word for word, the Police took my word over his. The mini-van was working a bus route, illegal but common (it was not one of the proper metropolitan mini-vans). I saw the exchange of money to the BiB at which stage the BiB suggested we move to district station (kind of a head office). After being paid off they didn't want to make a decision against the Van Driver. I'd been stubborn but polite enough that they didn't want to make a decision against me.

The district office simply called it 50:50 - I had full insurance and was satisfied with that. The Van driver and his boss were complaining at that but got kicked out the Police station (shouted at).

It was an interesting experience which proved to me that we as Foreigners will be dealt fairly if we are cool, calm and collected.

Opinions may differ: But it is my understanding (opinion) that if you were indicating while making your manoeuvre then the motorcycle attempting to overtake is in the wrong.

It is unlikely that the motorcycle will have insurance - therefor it is likely you will be expected to accept 50% of the blame. But do not accept 100% as you may then be accountable for medical bills of the injured parties and possibly even some form of compensation.

[wooloomooloo]

So stop quoting British/US laws, stop criticizing the OP and just be a little empathetic.

Having seen it all in LOS, I'm reminded of the standard proficiency required to pass a driving / motorbike test.

TIT and it just goes over my head. I accept that the roads are highly dangerous and and it's potluck.

[rocketboybkk]

Get ready for jail. If they're badly injured get ready to pay. There's no escaping this now the BIB are involved. I reckon jail time & a big fine or a MASSIVE bribe to make it go away.

What nonsense. Op, disregard some of these scare tactics from members. Member zeichen has it spot on in his post here.

Speak to a U.S. Mate of mine. Same sort or accident, got taken to court, sent down for 6 weeks, served 4. Got a 250,000bt fine payable to victims & had to buy new moped.

So don't tell me my post is nonsense unless you have hard facts.

Reality hurts.

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[richard_smith237]

Get ready for jail. If they're badly injured get ready to pay. There's no escaping this now the BIB are involved. I reckon jail time & a big fine or a MASSIVE bribe to make it go away.

What nonsense. Op, disregard some of these scare tactics from members. Member zeichen has it spot on in his post here.

Speak to a U.S. Mate of mine. Same sort or accident, got taken to court, sent down for 6 weeks, served 4. Got a 250,000bt fine payable to victims & had to buy new moped.

So don't tell me my post is nonsense unless you have hard facts.

Reality hurts.

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OccamsRazor - What happened to your friend is terrible if he truly was innocent of any wrong doing but was still taken to the cleaners....

However, if you haven't gone as far as directly suggesting so you have certainly hinted that the Op can't escape a hefty payment and jail time now that the BiB are involved.

Milage may vary, but many of us have been treated very fairly under similar circumstances.

I guess one of the major factors is how the Op handles himself.

OccamsRazor - Your friends story sounds interesting - could you provide more details? other than me being nosy it may also help provide balance given the severity of his outcome compared with others (mine included).

[stevenl]

Without knowing exactly what happened nobody can judge.

Insurance needs to sort this, op has to refrain from saying and doing anything.

[Crossy]

... op has to refrain from saying and doing anything.

Except maybe reading and acting upon this thread http://www.thaivisa.com/forum/topic/818810-do-you-have-car-cam/

I've lost count of the number of motorcycles that have turned right across my bow just as the lights go green, not hit one yet, touch wood.

[BKResort]

A two lens car cam cost 1600 thb....recording front, back, side, and conversations inside and outside the car....

Priceless in Thailand!

[zeichen]

"Speak to a U.S. Mate of mine. Same sort or accident, got taken to court, sent down for 6 weeks, served 4. Got a 250,000bt fine payable to victims & had to buy new moped."

He paid a fine? Or he paid the family of the victim? 250k baht sounds reasonable for a serious injury.

Were you there? How do you know it was the same kind of accident? I don't trust your 3rd hand anecdotal evidence. Had your American friend been drinking, proper Thai license, full insurance in his name? Was he speeding, belligerent to the police?

Are you sure that he wasn't doing anything illegal? Because I will flat out tell you there is no way that he served jail time for an accident. Even when a death is involved if it is an accident there isn't a crime.

In CM about 8 years ago there was an older woman driving her van who killed a young girl on a motorcycle. The young girl on the motorcycle ran a red light and wasn't wearing a helmet. The older woman was distraught and saddened but was a little furious when the police made her pay the family 1 million baht. Strange for me because it is the courts that decide where I come from and not the police, but learning how things are done here and not comparing makes life easier.

Yes it isn't uncommon to make foreigners pay even if it isn't there fault. The OP in this case is different as he is a local driving his kid home. I am certain that people on the corner saw something and know him and will defend him.

[tx22cb]

<<snip>>

Are you joking? The motorcycle tried to pass him on the right, which he shouldn't have done if the driver had his directionals on.

I didn't see any notice in the OP about this, and how one gonna proof the indicators were on? It all depends where the bike hit the car. If it was past the rear fender, start saving, because you will be at fault.

The OP says "The bike actually got caught on my front bumper and ripped the whole thing off."

[longstebe]

Did the OP have his indicator on?

If so, the motorcy driver was at fault unless the driver was in a two lane road in the left hand lane turning right ( that would be silly tho).

[stevenl]

Since it has long been established that nearly no one, Thai nor foreigner, knows who has right of way in Thailand all the statements here who is at fault are totally useless and potentially even setting the OP on the wrong track.

[robblok]

This can go both ways like so many see. I clearly see shared guilt here. You always have to check your mirror and mc should not pass in front of you when indicating.

However here he clipped with the bumper.. that is quite to the front of the car and works in the MC rider his / her advantage.

Like in so many accidents there is no clear guilty party but shared responsibility.

[NoshowJones]

Shouldn't the bike pass on the left if it's obvious the car is turning right? It makes sense, but what is commonsense in this country? No helmet too? Shucks that must have hurt. Bikes just love to shoot up between slow moving traffic. They may save time but may lose their life too. Always watch out for bikes right and left. There's a reason they make up 80% of road fatalities.

Your last sentence, yes, you are right, and one of the reasons is the state of the roads.

[cooked]

I have had 1: a motorbike jam itself under the back of my car. The BACK of the car. I only noticed when I noticed someone struggling to keep a hold of his bike when I was moving off. 2. (fairly common) a motorbike that I had previously noticed behind me on the left, suddenly overtaking me from the left in order to turn right OR appearing on my right as I am turning right. 3. A motorbike tried to dodge out of a side road in front of me, clipped a parked car and deposit itself on the road in front of me. Doubtless if I hadn't reacted quickly I would have killed the motorbike and damaged the rider.

All of this stupid stuff could be construed as being my fault. If I got a ฿250 000.- fine I would have to leave Thailand, that amounts to my reserves

[Frogmountain]

Thanks for input everyone. To clarify: I was stopped with directional on. Headlights on. I always keep them on for visibility. Line of cars was backed up behind me. Motorbike broadsided my car as I was turning.

[robblok]

Thanks for input everyone. To clarify: I was stopped with directional on. Headlights on. I always keep them on for visibility. Line of cars was backed up behind me. Motorbike broadsided my car as I was turning.

You must not have looked in your mirrors as you said it clipped your front. That means it was quite close already. Had it clipped your back it would be more in your favor.

[longstebe]

Thanks for input everyone. To clarify: I was stopped with directional on. Headlights on. I always keep them on for visibility. Line of cars was backed up behind me. Motorbike broadsided my car as I was turning.

Quite simply the motorbikes at fault.

[amykat]

Frogmountain,

I think you should change the title of this thread to: Someone hit ME today.

For those people debating about the motorbike hitting the back half or front half of his car and trying to assign blame in this manner ....could someone please calculate how many (10th/100th of a second?) that difference might make if traveling at whatever the average speed here is? And what about the angle of the bike ...was he making a big swoop around, or driving 1 cm from the car? I think that would make a difference where exactly the motorbike hit the car.

Sorry that happened to you!

[evadgib]

A dashcam audio would at least confirm an indicator in these circumstances was 'ticking' at time of impact, indeed I reviewed an old file yesterday showing a clown passing me while indicating right into my local Makro. I missed him by a Rizla!

HTH

Edited June 4, 2015 by evadgib

[zeichen]

"You must not have looked in your mirrors as you said it clipped your front"

I know that you are not deliberately confusing things but please use some logic.

If a car is stopped with traffic behind him waiting to turn. Where else would the motorcycle hit but the front right bumper.

The simple fact is that the motorcycle was passing traffic illegally.

Just because a motorcycle can weave in and out of traffic it actually isn't legal to do so.

However, instead of speculating and condemning, fear mongering, why not just be supportive.

[craigt3365]

A few posts have been removed from view. Please show respect to other members.

[stevenl]

"You must not have looked in your mirrors as you said it clipped your front"

I know that you are not deliberately confusing things but please use some logic.

If a car is stopped with traffic behind him waiting to turn. Where else would the motorcycle hit but the front right bumper.

The simple fact is that the motorcycle was passing traffic illegally.

Just because a motorcycle can weave in and out of traffic it actually isn't legal to do so.

However, instead of speculating and condemning, fear mongering, why not just be supportive.

Illegal riding does not automatically equate being at fault.

You advice against speculation (good advice), but are speculating yourself.

Without knowing the exact circumstances and only hearing one side it is not possible to decide who is at fault. As I said, don't say or do anything and wait for the insurance rep to sort it out.

[evadgib]

Nothing whatsoever should pass on the right if a car in front is indicating to the right. Anyone doing so is culpable for any damage or injuries & frankly deserves little sympathy.

Edited June 4, 2015 by evadgib

[stevenl]

Nothing whatsoever should pass on the right if a car in front is indicating to the right. Anyone doing so is culpable for any damage or injuries & frankly deserves little sympathy.

Before turning right, after having indicated his intentions, a car has to make sure there is no traffic to his right.

I am not saying who is at fault here, impossible to do without knowing exactly what happened, but it really is not as easy as some people (whether blaming him or the motorbike) are making it out to be.

Edited June 4, 2015 by stevenl

[kannot]

Of course British case law has limited application in Thailand but it's still interesting to see how they consider the circumstances.

In Pell v Moseley (2003) which sounds very much like your circumstances in the end they decided to apportion the blame 50-50.

http://lexisweb.co.uk/cases/2003/october/pell-v-moseley

http://www.principia-law.co.uk/scenarios.aspx

Thats correct but in that case NO signal was given by the driver turning, id like to see a case of clear indication by the driver to turn right and also given in plenty of time etc to see what the courts made of that.

[Anthony5]

he was merely overtaking you, that is perfectly legal,

And to overtake on a normal roadway on the right is also probably pretty right,

You may not be able to argue the legality of it,

And your defense can only be you did not see them and turned ,

So in a way it looks like you did not take reasonable care by not seeing them,

Therefore you may well find as it was caused by you not knowing they were there,

You may well be seen as in the wrong,

But, I am not an expert in Thai traffic law.....

It is going to be difficult.

If the OP was turning right he would have signal ON and be in the CENTRE of the road, the bike was obviously on the wrong side of the road to try and overtake, the bike should have passed on the inside. I have had similar happen to me but been lucky......

I see on a daily base a lot of people turning right in Thailand who DON'T have the signal ON.

This includes Thai and foreigner.