Insurance settlement process - first class - others fault

[regedit]

Can someone clarify how the car insurance process should work here if you hold first class insurance and get rear-ended by another driver who admits it is her (!) fault and who also has insurance, assuming the at fault person doesn't want to settle in cash and wants to go through her insurance. I'm told you should notify your own insurance and given them the other drivers details, they will then contact the at fault person and inspect the cars, give you an 'authorisation' paper to take to the garage to have your car repaired, and the garage bills your insurance company, and then your insurance company claims from the 'at fault' persons insurance company.

Is it right ? I can't help thinking that by involving your insurance company in a case that was entirely another's fault you might end up with a bump in your premium next year.

Thanks.

[MYKTHEMIN]

Best to call them at the accident site and they sort it all out for you

[lj cm]

In case of accident, call the insurance company immediately.

It's (almost) more important than calling the police.

[taichiplanet]

Normally you call the insurance company to send a rep to the accident site and they sort it out. Unless you have the police report saying it is the other person's fault it could become a game of i-did-she-did, i-said-she-said.

Depending on the insurance company, but usually a verbal acknowledgement by the insurance company is all that is needed. They tell you where to take the car for repair, and at the repairer's you fill in and sign the forms necessary for a claim and repair (including about the accident; where, when and who).

Edited June 30, 2015 by taichiplanet

[dotpoom]

In case of accident, call the insurance company immediately.

It's (almost) more important than calling the police.

Exactly...The OP seems to have got it right. That's what one would do in any country.

[technologybytes]

Its happened to me, thankfully the insurance rep was very efficient and my car was in for repair the next day.

If its not your fault then the premium does not go up, it seems that the rep on the scene determines if its your fault or not. Certainly in my case it was not a problem and my premium did not go up at all, it went down as I got a no claims discount despite the claim, because it was not my fault.

[topt]

Its happened to me, thankfully the insurance rep was very efficient and my car was in for repair the next day.

If its not your fault then the premium does not go up, it seems that the rep on the scene determines if its your fault or not. Certainly in my case it was not a problem and my premium did not go up at all, it went down as I got a no claims discount despite the claim, because it was not my fault.

Does anybody know if this would be the same if the other person did not have insurance and the insurance co. were unable to get any money from them - or is this likely to vary by insurance company?

[stevenl]

Its happened to me, thankfully the insurance rep was very efficient and my car was in for repair the next day.

If its not your fault then the premium does not go up, it seems that the rep on the scene determines if its your fault or not. Certainly in my case it was not a problem and my premium did not go up at all, it went down as I got a no claims discount despite the claim, because it was not my fault.

Does anybody know if this would be the same if the other person did not have insurance and the insurance co. were unable to get any money from them - or is this likely to vary by insurance company?

I had that with an accident, me car 1st class insurance, motorbike hit me and at fault.

Motorbike rider was forced to pay 1000 baht monthly from his salary, my no claim not affected.

[regedit]

So my insurance company's rep came out to look at the damage together with the woman who rear-ended me. Not much damage really so I was surprised/suspicious that she didn't want to settle in cash and preserve her insurance premium. My insurance rep filled out the form and gave it to me to sign, all in Thai, saying I could take the form to the garage for repairs and the garage would bill my insurance co. Right at the end of the form, near where I sign, there were a few boxes and I noticed that he'd ticked the one saying it was my fault - basically I'd be admitting liability. Nice try mate ! I reckon the woman had slipped him a few baht to tick that box hoping the farang wouldn't spot it and then my insurance co wouldn't be claiming off hers and my premium would be up and not hers !

Will be interesting to see what happens next - she'll have told her insurance co it wasn't her fault and I've told mine it wasn't mine.

Thankfully I have a rear-dash cam that shows me stationary and her changing lane and bumping me, should evidence ever be needed...

And coincidently my insurance expires on 10 July and I'm already renewed with another company .

Seems these insurance guy reps who come out to the accidents are on the take as well. No surprise there I guess...

[Thaidream]

I handled insurance claims for 20 years in the United States and Thai law is similar but much less complicated/ If the other party is at fault and their insurance company accepts that finding- you have the option of going through your own insurance or theirs, The premium will not go up. It gets more difficult if your insurance states the other party is at fault and they do not agree, Usually, goes to an arbiter then and based on the arbiter finding - one of the companies will settle. You always have the option of using your own insurance regardless of fault, If the at fault party is uninsured- your own insurance company still pays but then goes after the other vehicle owner for compensation. Normally, they never get it and the insurance eats the cost. However, in this case your premium may go up. In the US, since the at fault party had no insurance, they are then reported to the state Department of Motor Vehicles as an uninsured motorist and they can have their registration taken away and their car impounded. Thailand does not have this system. In the State of California approximately 20% of all drivers are uninsured and have no driver's license and you can purchase an addendum to your car insurance for Uninsured Motorist. Auto insurance in America is complicated due to laws which differ from State to State. In Thailand, the concept is much simpler and thus the premiums are much lower. Keeping lawyers and accountants out of insurance helps keep premiums at a reasonable level. Hope this helps.

[Thaidream]

Just an addendum to my post- regarding the poster whose insurance adjustor checked the wrong box- I would make sure you are very clear with them that your are NOT accepting liability and the other party is at fault. Changing lane accidents are always contentious- however since you are paying your companies premiums they should be accepting your version of events- unless there is a police report that differs or the other party has evidence supporting their position. Normally, insurance companies will try and negotiate the fault if there is a discrepancy. If they are unable to settle that is when an arbiter makes the final decision.

[mmh8]

yeah they admit it to the insurance people who won't bump up premium in my experience. been rear ended, jumped out with phone camera shopwing traffic stationary all around. person admitted it, big waste of time for everyone, but on his insurance not mine.

[technologybytes]

Does anybody know if this would be the same if the other person did not have insurance and the insurance co. were unable to get any money from them - or is this likely to vary by insurance company?

That is a good question, in my case it was not a problem that the other driver was uninsured.. but it may differ by insurance company.

[lj cm]

I have a 3. class insurance on my car, because it's old and not worth so much.

In case of accident, and my fault, the insurance will pay for damage to other car, but not mine.

It covers up to 1 million; so I, like most other drivers, keep good distance to expensive cars.

If the accident is not my fault, and the other part does not have insurance, I wonder if my insurance company will help me.

By that; I mean pay for the damage on my car and try to get the money from the other part.

Has anyone tried that?

I will ask my insurance company, next time I renew the insurance.

Btw; my wife has had a number of (small) accidents, and the insurance price never went up. It just don't go down the year after.

Edited July 2, 2015 by lj cm

[stevenl]

I have a 3. class insurance on my car, because it's old and not worth so much.

In case of accident, and my fault, the insurance will pay for damage to other car, but not mine.

It covers up to 1 million; so I, like most other drivers, keep good distance to expensive cars.

If the accident is not my fault, and the other part does not have insurance, I wonder if my insurance company will help me.

By that; I mean pay for the damage on my car and try to get the money from the other part.

Has anyone tried that?

I will ask my insurance company, next time I renew the insurance.

No, they will not help you.

[lj cm]

I have a 3. class insurance on my car, because it's old and not worth so much.

In case of accident, and my fault, the insurance will pay for damage to other car, but not mine.

It covers up to 1 million; so I, like most other drivers, keep good distance to expensive cars.

If the accident is not my fault, and the other part does not have insurance, I wonder if my insurance company will help me.

By that; I mean pay for the damage on my car and try to get the money from the other part.

Has anyone tried that?

I will ask my insurance company, next time I renew the insurance.

No, they will not help you.

That's also what I think; it would be to good. But I will still ask them.

[DirtyDan]

So my insurance company's rep came out to look at the damage together with the woman who rear-ended me. Not much damage really so I was surprised/suspicious that she didn't want to settle in cash and preserve her insurance premium. My insurance rep filled out the form and gave it to me to sign, all in Thai, saying I could take the form to the garage for repairs and the garage would bill my insurance co. Right at the end of the form, near where I sign, there were a few boxes and I noticed that he'd ticked the one saying it was my fault - basically I'd be admitting liability. Nice try mate ! I reckon the woman had slipped him a few baht to tick that box hoping the farang wouldn't spot it and then my insurance co wouldn't be claiming off hers and my premium would be up and not hers !

Will be interesting to see what happens next - she'll have told her insurance co it wasn't her fault and I've told mine it wasn't mine.

Thankfully I have a rear-dash cam that shows me stationary and her changing lane and bumping me, should evidence ever be needed...

And coincidently my insurance expires on 10 July and I'm already renewed with another company .

Seems these insurance guy reps who come out to the accidents are on the take as well. No surprise there I guess...

Dash cams are cheap insurance when compared to the headache of dealing with a genuine insurance claim - and vitally necessary in third world countries like California where people will intentionally cause accidents to go after your insurance!

[Si Thea01]

Contact your insurer immediately, do not move your vehicle and take photographs and do not accept any other way to have repairs effected other than through insurance, and do not take any money. Once Police attend, do not make any type of admission and wait for the insurance agent to attend. He will act on your behalf, deal with the police and third party and their insurer.

If police want to take your version, make sure it's done with the agent present and do not sign anything unless the agent indicates it is ok to do so. You will find that the agent normally acts in good faith on behalf of the insurer and you, the client but if you feel this is not happening you can contact the insurer, advise them of this and they will always safeguard themselves and their client (you) and will replace the agent. yes they can be on the take, my wife recently experienced this when involved in a fatality, that was not her fault. She is not a dummy and when the bloke tried to do the same, she complained to the insurer, he was sacked from their panel and immediately replaced. So yes, whether your a farang or Thai, you have to be very, very careful.

Edited July 3, 2015 by Si Thea01