A question for the legal scholars on Thai Visa

[watgate]

If a Thai mother lets her soon to be 14 year old daughter use her motorbike to ride around with, primarily after school and occasionally on weekends, and her daughter is involved in an accident while on the motorbike, would the insurance coverage for all motorbikes pay for medical expenses and other expenses associated with the accident or would the insurance company not cover any of the resultant expenses because the underage daughter did not have a license?

[bangmai]

Highly unlikely insurance would pay for unlicensed driver.

[fcgprg]

I am under the impression that if the Motorbike owner allowed the underage person to use the motorbike the insurance company will not pay.

The owner of the motorbike is liable for the costs of any medical care and repairs to any other vehicle or property involved in the accident.

Please correct me if that is not the case.

[Loaded]

but they will lie to the insurance company and pass a little envelope to the loss adjuster so everything will be OK - don't think too much.

[MaeJoMTB]

Her insurance won't pay for anyone, medical care is free for children.

But, anyone hitting her may have to pay.

I have a teen girl in my household, riding a scooter since she was 14.

No driving license, she isn't related to me, the scooter isn't owned or insured by me,

So I have no worries. Not my problem.

Edited December 29, 2015 by MaeJoMTB

[JLT]

A question for the legal scholars on Thai Visa

"legal scholars" -

[watgate]

MaeJoMTB- I am still unsure about medical coverage for children. I was under the impression that if you are a Thai national and need medical care or treatment then you can utilize the 30 baht scheme. So what you are saying is if a Thai child is injured while riding a motorbike then she would be covered for medical expenses? Is there an age cutoff where she would no longer be covered?

[naboo]

The insurance on motorbikes is not going to cover much, if any, medical bills.

If you are worried, buy medical insurance for the girl.

Every Thai is covered under the 30B scheme, if they want to. Most would rather something better if they could afford it.

[MaeJoMTB]

Adults are restricted to using their nominated hospital, children are not restricted. Don't know the age change either 13 or 15.

[Mousehound]

This is law of Contract . Basic conditions for a contract to be enforceable are:

Consideration ie Quid pro quo

Legality

Intent

Agreement to the same thing

Reality

Capacity

In this case the "legality" is breached. A contract may not stand that contravenes the law or requires a party to breach the law. Such a contract would be void. Neither could the minor enter into an enforceable contract for insurance themselves, as they would not have "Capacity" ie under age.

Edited December 30, 2015 by Mousehound

[LivinLOS]

The rider is supposed to be licensed.. However in practice insurance routinely pays out for unlicensed and unregistered / illegal bikes.. Not sure why but that seems to case.

Any 'child' under 20 who causes damages, you can go after the parents assets.. The girl who took me out in without a license or insurance or even rd tax, was 20 and a month.

The government legal minimum insurance (you pay annually when you tax) pays out 30,000 now, up from 15 2 years ago.

[sendintheclowns]

First off, I charge 6,000 baht an hour for legal advice. However, if you want my opinion, it's free.

[Trujillo]

I have a teen girl in my household, riding a scooter since she was 14.

No driving license, she isn't related to me, the scooter isn't owned or insured by me,

This is like one of those "lateral thinking" puzzles.

When you say, "household," I think of Webster's first definition: "Those who dwell under the same roof and compose a family." ("Family being the operative word here.)

But then there is also this: "A social unit composed of those living together in the same dwelling."

So for the purposes of legal responsibility for the 14- year-old, is she part of your family or a member of your "social unit"?

It seems that if she is part of your family, you would have some responsibility, particularly if your pockets are deeper than the people more closely related to the girl.

By the way, I have seen recently some kids (literally) who must be about 10 to 12 years old driving scooters (and not the 50cc jobbies).

It often crosses my mind, "What if this idiot were to cause an accident for me? You can see he's a hayseed with a hayseed bike and probably from hayseed parents who don't give a flying one about anything...they are like little video game pests that can kill you will impunity, but for real."

[NoshowJones]

I would think the answer to your post is obvious, it seems that the Thai mother is another parent who has no qualms about contributing to Thailands disgraceful road fatalities.

Edited December 30, 2015 by possum1931

[cyberfarang]

A question for the legal scholars on Thai Visa

"legal scholars" -

I`ve had legal training. Watched 30 episodes of Rumpole of the Bailey.

The problem I see for the little girl if riding a motorbike without coverage is that if involved in a serious accident, even if not her fault and she sustains long term disabling injuries, the insurance might patch her up for the short term but not able to claim compensation later on. Not a good idea me thinks.

[NoshowJones]

Her insurance won't pay for anyone, medical care is free for children.

But, anyone hitting her may have to pay.

I have a teen girl in my household, riding a scooter since she was 14.

No driving license, she isn't related to me, the scooter isn't owned or insured by me,

So I have no worries. Not my problem.

I would be the same as you if I were in your position. But you would have worries if someone who lives in your household comes

to you for financial help if she kills or injures someone. After all, you are the rich Farang.

[TKDfella]

I don't know how much of this applies but I'll write it anyway. I was legally parked (marked parking area) and signaling right indicator but couldn't move out because of traffic. No car parked in the next section in front. Two young girls on a motorbike driving towards me, driver's head turned and chatting to girl behind. Smack, they hit my car. They fall receive minor cuts and abrasions. I did not contact the police. Two witnesses. Mother of driver appears and tells me girls are underage, 13 & 14 so no license. I have full insurance on my car. I took girls to general hospital 5 minutes down the road. I gave details to my insurance (photos, bike number and mother's phone number, witness details) Because I had not this reported to the police I had to pay small amount towards a new (fiber plastic) lower front portion. Had I reported the incident to the police insurance rep said mother would had to pay and not me.

[Ulic]

A question for the legal scholars on Thai Visa

"legal scholars" -

Many lawyers know nothing, many TV readers know quite a lot from the school of experience

(hard knocks) That said a good lawyer may be the cheapest money you ever spent. All said

I would always start with the armchair, Rumpole educated Thai law experts on TV, even if

it was just to get a better understanding of the lie of the land and a lawyer recommendation.

[jacko45k]

Unless she is involved in an incident with a foreigner she takes her chances.

[bbbbooboo]

It's simple really.....no licence means no insurance

[gemguy]

If a Thai mother lets her soon to be 14 year old daughter use her motorbike to ride around with, primarily after school and occasionally on weekends, and her daughter is involved in an accident while on the motorbike, would the insurance coverage for all motorbikes pay for medical expenses and other expenses associated with the accident or would the insurance company not cover any of the resultant expenses because the underage daughter did not have a license?

I believe most Thai people would just go with the flow and let their Son or Daughter or other underage family members use the motorcycle without any second thought......as it is just one of numerous shared family possessions.

Also, I am quite certain if you were to explain the logic behind your concerns and the possible ramifications of her 14 year old daughter using the motorcycle, when she is not legally allowed to operate a motorcycle or possibly no one else is included under the insurance coverage, the Thai mother and or most other Thai people would not understand your logic or....they do not care to hear about it.

The motor bike is a big convenience for anyone that could or would use it...so that includes the daughter using it for any number of convenience reasons.

Not to say that other people in other nations do not do the same and take a chance that nothing negative will develop but we all know the basic mentality of the public at large, here in Thailand, is based on: "Never mind , we will deal with that if and when it happens"....rather than error on the side of caution and have a plan the accounts for many possibilities...especially life threatening possibilities relevant to a motorcycle accident......as in "Ouch"..."God Damn... that really hurts"...as in: "She no live now".

Other than that ...I also think the insurance company would say:

No..as in No ..The 14 year old daughter illegally operating the motorcycle is not covered by us and you will have to pay the damages to the 3rd party out of your own pocket....End of story...come again ..thank you

Cheers

Edited January 1, 2016 by gemguy