PattayaAl Posted February 24, 2016 Share Posted February 24, 2016 Go to the Consumer Protection Board and talk with their lawyer. It's complete free and him tell you your rights and maybe solve your problem!!! In normal the rental company must charge it from the driver's insurance who is responsible for the accident. You don't made a accident so don't pay!!! So or so this is a civil case. No one take your passport away. If you want fly out without paying you can do it!!! Again wrong. In civil cases passport does get taken away or a huge bail amount required. CPB does NOT have lawyers to speak to, just officials who supposedly know consumer act . Furthermore, signed contract is a legally binding agreement , asking for losses during repairs is NOT an unreasonable clause. Link to comment Share on other sites More sharing options...
harrry Posted February 24, 2016 Share Posted February 24, 2016 Generally here even with 1st class insurance the insurance will cover the car and injuries. Damages other than this are usually negotiated and not covered by insurance if the other party was to blame he is liable to pay for all losses. Loss of use of the car is one of these costs. Becuse of the contract you are liable to pay the owner. You could claim that though from the other driver in court. This should have been negotiated before agreeing to the insurance settlement. Link to comment Share on other sites More sharing options...
thedemon Posted February 24, 2016 Share Posted February 24, 2016 What, if any, guarantee did you give when you rented the car? Credit card or cash? Normally with small car rent companies or individuals it is just 2-3000 Baht cash Don't worry about a ridiculous clause in some homemade contract. The contract might well say if you have an accident, the owner can cut off your arm. But he still can't do that. Obviously any deposit is gone but other than that just refuse to pay. The worst advice ever . Best you do not give anyone any advice. It makes little difference if contract was made at home or farm or lawyers office . What does matter is that OP signed it. Should OP follow your advice, he will most likely be arrested, passport confiscated and awaiting trial in the cells if unlucky enough. Sure the safe and easy way is to simply pay. But don't go into business in Thailand because you will lose money. Link to comment Share on other sites More sharing options...
F4UCorsair Posted February 24, 2016 Share Posted February 24, 2016 (edited) The driver at faults insurance should pay for the loss of your vehicle during the repair period. That's standard in U.S. Possibly in many countries, but in Thailand?? Edited February 24, 2016 by F4UCorsair Link to comment Share on other sites More sharing options...
snowgard Posted February 24, 2016 Share Posted February 24, 2016 (edited) Go to the Consumer Protection Board and talk with their lawyer. It's complete free and him tell you your rights and maybe solve your problem!!! In normal the rental company must charge it from the driver's insurance who is responsible for the accident. You don't made a accident so don't pay!!! So or so this is a civil case. No one take your passport away. If you want fly out without paying you can do it!!! Again wrong. In civil cases passport does get taken away or a huge bail amount required. CPB does NOT have lawyers to speak to, just officials who supposedly know consumer act . Furthermore, signed contract is a legally binding agreement , asking for losses during repairs is NOT an unreasonable clause. Wrong!!! The CPB in the Pattaya Cityhall have laywers for protect the consumer rights!!! I talked with one of them several times. And in a civil case no one can take your passport away!!! Police are not involved!!! Only if it is a criminal & civil case the court can order that you can't leave the country!!! DELETED Edited February 24, 2016 by seedy off topic Link to comment Share on other sites More sharing options...
fey Posted February 24, 2016 Share Posted February 24, 2016 you should petition the insurance company of the faulty driver to reimburse you for a rental, then you can compensate the owner of the car you were in. Link to comment Share on other sites More sharing options...
maoro2013 Posted February 24, 2016 Share Posted February 24, 2016 The owner should put this to his insurer Link to comment Share on other sites More sharing options...
snowgard Posted February 24, 2016 Share Posted February 24, 2016 The owner should put this to his insurer The problem is that the most insurers work only with some contract garages. You can't let repair it everywhere. About this it can be that it need 1 month. But you can get only a compensation for some days. A bigger question is that the rented car have a real insurance for car rentals or just a Por a Bor!!! Link to comment Share on other sites More sharing options...
nemrut Posted February 24, 2016 Share Posted February 24, 2016 Life lesson...don't rent from someone with only 1 car Link to comment Share on other sites More sharing options...
paddyjoe41 Posted February 24, 2016 Share Posted February 24, 2016 I think Kannot gave you the correct advice,thats exactly what i would do,and one more thing if its all the same to you,change your address,forget him and his scam. Link to comment Share on other sites More sharing options...
Bangkok Barry Posted February 24, 2016 Share Posted February 24, 2016 The driver at faults insurance should pay for the loss of your vehicle during the repair period. That's standard in U.S. What has the US got to do with renting a car in Thailand? US laws don't apply in Thailand. Difficult for Americans to understand, I know. Link to comment Share on other sites More sharing options...
Ace of Pop Posted February 24, 2016 Share Posted February 24, 2016 Penny Wise Pound Foolish. What has the U.S. got to do with it..?. PLENTY.!!. Rent from Avis or Herts, get Full Waiver cover here then there no need for this post.These Cheap Charly ferangs deserve their problem. Link to comment Share on other sites More sharing options...
Pdavies99 Posted February 24, 2016 Share Posted February 24, 2016 The driver at faults insurance should pay for the loss of your vehicle during the repair period. That's standard in U.S. If you chat with a Thai lawyer which I have had to do in same situation, you will be told its a no fault accident, and any claim should be passed to the driver at faults insurance by your hire car firm. The clause cannot be enforced in your contract in a no fault accident. Link to comment Share on other sites More sharing options...
Johnniey Posted February 24, 2016 Share Posted February 24, 2016 I had to pay rental fees when my car was wrecked and the insurance wouldn't pay. 3 months it took. We sued IAG but it was settled out of court. It helped us knowing the local senator and form head of police. This is a prime example of needing some influence if you live here. Pull out your "poo yais" Nothing to do with being a foreigner apart from they assume you have no power. Link to comment Share on other sites More sharing options...
thailand49 Posted February 24, 2016 Share Posted February 24, 2016 (edited) Sorry you have no case of recourse! and here is why! I use to rent several times a year from a guy who rents a number of vehicles in Pattaya. To go up country I always got a Pickup knowing it was going to be loaded before and after visiting the in-laws. Since the guy was also a Expat he spelled it out to me what my share in cost would be in something happens. He basically rented his vehicles and the insurance he provided was pretty much the same in the U.S. at that time. I wanted basically FULL COVERAGE with a set deductible if the vehicle if it was total or stolen even if it wasn't my fault. I wanted to be sure I could just walk away legally. Due to him going out of business last September, I started to look around throughout Pattaya, and no matter where I turn at the lots throughout town it was all the same even the guy in Jomtien who seem to cater to Expats. Speaking enough Thai to get my point and asking lots of question all the places I venture the result came out the same pretty much in the form the poster is speaking. Here it is Advertised as " A-1 Insurance " The people/company that owns the vehicle does have insurance and if there is anything A-1 insurance it is the type for Non-Business use! Basically insurance for personal use as a owner for your own vehicle. Once you start to rent out the vehicle to others for profit you need a more expensive policy. Because of the above, a self created contract is used for their purpose of renting out to other people outside of the ownership. Many as noted requires you to pay a set amount like what it cost to rent each day and max out after a month. I went to the big lot former where Excite use to be on 3rd road. There are like 3 independent renters and one guy got so upset at my questions he wanted to fight! One of my question was if the vehicle got stolen or it was total what would have to pay max? He basically in Thai told me " never happens " get the out of here. That was all I needed to know. So I went online to one of the Expat site and did some research and ask my questions and concerns. Got a private message from a long standing Expat living here renting out a number of vehicles. After a bunch of back and forth emails I finally got the point he was making. He gave me a example that I would provide him with a 5,000 baht deposit, if I broke a mirror etc... the cost for replacement would come out of the 5,000. That stated amount was pretty much my max liability if anything happened. There was no contract just a Expat handsake and a copy of my passport. My assumption was if anything were to happen the claim he was going to make to the insurance company he loaned it out to a friend. So would say big mistake chance but I had more trust in doing business this way than dealing with the many Thai renters! Edited February 24, 2016 by thailand49 Link to comment Share on other sites More sharing options...
harrry Posted February 24, 2016 Share Posted February 24, 2016 Generally here even with 1st class insurance the insurance will cover the car and injuries. Damages other than this are usually negotiated and not covered by insurance if the other party was to blame he is liable to pay for all losses. Loss of use of the car is one of these costs. Becuse of the contract you are liable to pay the owner. You could claim that though from the other driver in court. This should have been negotiated before agreeing to the insurance settlement. You could however, if the renter is a foreigner, indicate to him that you would pay him but you will be taking the receipt to the labour department to check if he has a work permit for renting vehicles. If he signs anything it is work. It may tempt him to be more reasonable as it is unlikely he would be able to rent the vehicle every day anyway. Link to comment Share on other sites More sharing options...
hawker9000 Posted February 24, 2016 Share Posted February 24, 2016 The driver at faults insurance should pay for the loss of your vehicle during the repair period. That's standard in U.S. That's true. And if not the at-fault driver's insurance (because it's not covered), then by the at-fault driver himself. Maybe in other western countries, too. But TIT and this guy is on the foreigner's end of the stick. So why even bring it up? Link to comment Share on other sites More sharing options...
Sooo Upto Me Posted February 24, 2016 Share Posted February 24, 2016 The driver at faults insurance should pay for the loss of your vehicle during the repair period. That's standard in U.S. What has the US got to do with renting a car in Thailand? US laws don't apply in Thailand. Difficult for Americans to understand, I know. Yes totally true, I don't know why so many posts on Thai visa keep goin on bout USA this USA that. Anyone would think that they are the only nation with the correct laws an knowledge of everything. Link to comment Share on other sites More sharing options...
Sooo Upto Me Posted February 24, 2016 Share Posted February 24, 2016 The driver at faults insurance should pay for the loss of your vehicle during the repair period. That's standard in U.S. What has the US got to do with renting a car in Thailand? US laws don't apply in Thailand. Difficult for Americans to understand, I know. Yes totally true, I don't know why so many posts on Thai visa keep goin on bout USA this USA that. Anyone would think that they are the only nation with the correct laws an knowledge of everything. Link to comment Share on other sites More sharing options...
thailand49 Posted February 24, 2016 Share Posted February 24, 2016 Not defending Americans although I'm one. Yes people are partially correct, whenever people post and whenever people reply, replies are usually reference what you experience which is where one comes from regardless if they are from the U.S. or the U.K. etc... In my particular case I reference the U.S. in my opinion to the BM, because when I hear " A-! Insurance " this is a term used in the States regarding rental insurance or at times " Full coverage " As a self proclaim good consumer I read the fine print and when it comes to Thailand it is a must if you can get it in English to do so because as many of you know they will take terms from the West apply it here when it doesn't even come even close to what it means, thus the BM problem now! I took the U.S. standard when it came to A-1 Insurance reference used it as a starting point and found out here in Thailand it basically means beware! I've been on lots of topic where individuals reference is made comparing things to the U.K. so it is not just Americans? Yes people shouldn't make reference what is required in the U.S. or any other country is applied the same in Thailand. That is exactly why I checked! Link to comment Share on other sites More sharing options...
KMartinHandyman Posted February 24, 2016 Share Posted February 24, 2016 The driver at faults insurance should pay for the loss of your vehicle during the repair period. That's standard in U.S. What has the US got to do with renting a car in Thailand? US laws don't apply in Thailand. Difficult for Americans to understand, I know. Yes totally true, I don't know why so many posts on Thai visa keep goin on bout USA this USA that. Anyone would think that they are the only nation with the correct laws an knowledge of everything. Maybe because:"As of 2013, the United States has the largest aggregate population of migrants of any country and China has the world's lowest population of migrants as a percentage of its population." Now you say they all going there because? Link to comment Share on other sites More sharing options...
Lee4Life Posted February 24, 2016 Share Posted February 24, 2016 You can't nail this one down Thailand alone, I ran a Towing Company in the States for 18 years. The rental agencies all have the same thing written into their contracts, that the renter is liable for "loss of rental". I would guess that the insurance company for the person that hit you has said they are not paying for the extra rental car charges, and the person whom hit you doesn't want to pay, so they are trying to stick you for it. If this happened back home your insurance company would probably go to bat for you and help you get the other party or their insurance company to pay. The other option would be to take them to court, but this is likely not viable here as the expenses of going to court would likely be far more than the rental fees. (been there done that). Link to comment Share on other sites More sharing options...
Scouse Twoccer Posted February 24, 2016 Share Posted February 24, 2016 The driver at faults insurance should pay for the loss of your vehicle during the repair period. That's standard in U.S. I don't think he rented the car or had the accident in US. Link to comment Share on other sites More sharing options...
PattayaAl Posted February 24, 2016 Share Posted February 24, 2016 Go to the Consumer Protection Board and talk with their lawyer. It's complete free and him tell you your rights and maybe solve your problem!!! In normal the rental company must charge it from the driver's insurance who is responsible for the accident. You don't made a accident so don't pay!!! So or so this is a civil case. No one take your passport away. If you want fly out without paying you can do it!!! Again wrong. In civil cases passport does get taken away or a huge bail amount required.CPB does NOT have lawyers to speak to, just officials who supposedly know consumer act . Furthermore, signed contract is a legally binding agreement , asking for losses during repairs is NOT an unreasonable clause. Wrong!!! The CPB in the Pattaya Cityhall have laywers for protect the consumer rights!!! I talked with one of them several times. And in a civil case no one can take your passport away!!! Police are not involved!!! Only if it is a criminal & civil case the court can order that you can't leave the country!!! DELETED Wrong they do not. CPB in Pattaya is 1 person and he is NOT a lawyer Using common sense , the only way to ensure one does not leave the county is to hold on to passport or as I already said a huge bail. Once you actually go through any proceeds ,you might have a clue Link to comment Share on other sites More sharing options...
Scouse Twoccer Posted February 24, 2016 Share Posted February 24, 2016 What is the point of all this ridiculous to-ing and fro-ing with laymen's opinions that mean nothing? The OP is over a barrel unless he just refuses to pay and risk the wrath of the renter. What's the OP going to sat to the renter, some bloke on a farang forum said so-and-so so I don't have to comply with the contract I signed? Link to comment Share on other sites More sharing options...
bazza40 Posted February 24, 2016 Share Posted February 24, 2016 My advice would be suck it up and move on. Unless you have a Thai fighting your corner for you, the odds of winning are impossibly high. Having said that, it is quite possible you are being scammed with respect to the time to repair. Unless you are renting something exotic, it should take less than a week to fix. Parts from Bangkok are usually overnight. I'd check where the car is being repaired once a week. If the owner rents it out to someone else while he is still charging you rental, that's fraud and you should go straight to the police. Don't mess with the guy, if he's a criminal he'll have some nasty friends. Link to comment Share on other sites More sharing options...
little mary sunshine Posted February 24, 2016 Share Posted February 24, 2016 Read the freaked post...He Signed a statement That said,he would be responsible for any loses If he was in an accident. End of story!! He Waived the right for the person that caused the Accident to pay for these damages. Be careful What you sign !! He assumed the risk and the Responsibility for the loss!!! Link to comment Share on other sites More sharing options...
Paul944 Posted February 24, 2016 Share Posted February 24, 2016 Not much you can do about it. If you did not got a SDCW insurance with it that covers this. However paying for a full month is ridicilous. Your options are: 1) being nasty. Just do not pay anything and let the owner sue you. If he does there is a small risk you will have troubles leaving the country if you get listed having a court case open. 2) being foolish. Paying the requested sum. 3) being resonable paying like 10 days rent. Yes it is not your fault but in cases like this it is the risk of going out on the streets. If you hit a pedestrian then the insurance will pay the hospital bills but not not compensate for all the good times missed when staying at the hospital. Link to comment Share on other sites More sharing options...
little mary sunshine Posted February 24, 2016 Share Posted February 24, 2016 A moot point...He signed he would be responsible For all loses. Not right, not moral, but legal!! Be Careful what you sign!! Link to comment Share on other sites More sharing options...
snowgard Posted February 24, 2016 Share Posted February 24, 2016 Wrong they do not. CPB in Pattaya is 1 person and he is NOT a lawyerUsing common sense , the only way to ensure one does not leave the county is to hold on to passport or as I already said a huge bail. Once you actually go through any proceeds ,you might have a clue If you think so!!! I know it better!!! Link to comment Share on other sites More sharing options...
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