PattayaAl Posted February 24, 2016 Share Posted February 24, 2016 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 If you think so!!! I know it better!!! Yes I am sure you do, would you like his private number? Link to comment Share on other sites More sharing options...
sead Posted February 24, 2016 Share Posted February 24, 2016 Contact your insurance guy. Link to comment Share on other sites More sharing options...
snowgard Posted February 24, 2016 Share Posted February 24, 2016 Yes I am sure you do, would you like his private number? I have it already. And if you visit Mr. Hinkham at his Office in the Cityhall you will be surprised that him has a staff of 4-5 people and don't work alone. I am sure him will be very surprised also about your statement that him isn't a lawyer. Consumer Protection Board Link to comment Share on other sites More sharing options...
beerzy 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. But he did not hit a pedestrian. More correctly he was hit by a car. so 1 is the answer as he was not at fault. Tell owner politely to talk to the driver that was at fault Link to comment Share on other sites More sharing options...
TPUBON Posted February 24, 2016 Share Posted February 24, 2016 That makes no sense. You have to pay for the rental? What does the rental agency say about that clause? If you have to pay then it should be up to you to what type of car you should have to pay for. Find a piece of sh...t car, pay the owner a little amount of money and give that to the other driver. Link to comment Share on other sites More sharing options...
lensta Posted February 24, 2016 Share Posted February 24, 2016 This is why you should only rent from a reputable car rental company, even if their rates are higher. I would suggest that his insurance does not cover the car being rented and is insured for personal use only. (see if you can check this). If this is the case tell the owner that if he insists on you paying for the time the car is off the road, then you will inform the insurance company that you were renting the car and he will have to pay for the repairs himself. This happened to a friend of mine and he told the owner that he was not going to pay for the time the car was off the road and he didn't. This is a scam operated by small time car rentals, they conveniently forget to say anything about this possible cost when you rent the car. Link to comment Share on other sites More sharing options...
PattayaAl Posted February 24, 2016 Share Posted February 24, 2016 Yes I am sure you do, would you like his private number? I have it already. And if you visit Mr. Hinkham at his Office in the Cityhall you will be surprised that him has a staff of 4-5 people and don't work alone. I am sure him will be very surprised also about your statement that him isn't a lawyer. Consumer Protection Board You are confused, he and 4-5 people you raving about are NOT CPB. These are people employed by city hall in their legal department . Be a spot, get your darling to call call centre of CPB and ask for contact info in Pattaya , then you will actually know who CPB representative is in Pattaya. If that fails , take a drive to Chonburi, they actually have a big office there and report back which one of them is a lawyer Link to comment Share on other sites More sharing options...
Don Mega Posted February 24, 2016 Share Posted February 24, 2016 Repair of a car is just 5 to 7 days max including waiting time of the parts bring it down to that. A girlie at my work purchased a new Mazda 2 about 6 months ago. Not long after she was following a truck and a rock fell from it bounced off the road and badly damaged her windscreen. The car is still parked up and not driveable as windscreens are not available (From either Mazda Thailand or aftermarket). Link to comment Share on other sites More sharing options...
bazza40 Posted February 24, 2016 Share Posted February 24, 2016 Repair of a car is just 5 to 7 days max including waiting time of the parts bring it down to that. A girlie at my work purchased a new Mazda 2 about 6 months ago. Not long after she was following a truck and a rock fell from it bounced off the road and badly damaged her windscreen. The car is still parked up and not driveable as windscreens are not available (From either Mazda Thailand or aftermarket). The OP is talking about being rear-ended, what has a front windscreen got to do with that? I would expect for practical reasons most hire car companies would assemble their fleets from makes and models that are easily repaired. Link to comment Share on other sites More sharing options...
cardinalblue Posted February 24, 2016 Share Posted February 24, 2016 Go with an established company... You tried to save a few bucks and it will cost you.... Lesson learned.... Link to comment Share on other sites More sharing options...
rapom Posted February 24, 2016 Share Posted February 24, 2016 This is why you should only rent from a reputable car rental company, even if their rates are higher. I would suggest that his insurance does not cover the car being rented and is insured for personal use only. (see if you can check this). If this is the case tell the owner that if he insists on you paying for the time the car is off the road, then you will inform the insurance company that you were renting the car and he will have to pay for the repairs himself. This happened to a friend of mine and he told the owner that he was not going to pay for the time the car was off the road and he didn't. This is a scam operated by small time car rentals, they conveniently forget to say anything about this possible cost when you rent the car. I think you will find that even reputable rental car agencies have this same clause in their contracts. Most major rental companies have a loss of use clause in the contract that states the renter is responsible for any loss of use that occurs during the rental period, whether he is at fault or not. Link to comment Share on other sites More sharing options...
realenglish1 Posted February 24, 2016 Share Posted February 24, 2016 This is Thailand I would say tell him you will not pay Then let him take you to court It may involve 10,000 or 20,000 baht for the rental It will take more money for him to sue you I am betting he will not and you can walk away Link to comment Share on other sites More sharing options...
thaihome Posted February 24, 2016 Share Posted February 24, 2016 Okay, so the OP signed a contract with a loss of use clause. He has an accident in which he agrees to a settlement that does not include his loss of use cost. And now it is everyone else's fault, including Thailand, that he has to pay the rental while the vehicle is being repaired. I don't get it. TH Link to comment Share on other sites More sharing options...
bander Posted February 24, 2016 Share Posted February 24, 2016 Welcome to LOS (land of scam), next time use a international rental company, Avis, Budget or Hertz are all good and honest. Link to comment Share on other sites More sharing options...
mankondang Posted February 24, 2016 Share Posted February 24, 2016 Seek legal advice. I think Siam Legal will be one, but sure there are others. Link to comment Share on other sites More sharing options...
Nomyai 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. hahahahaha/ThILAND is not the declining USA! Link to comment Share on other sites More sharing options...
Nomyai Posted February 24, 2016 Share Posted February 24, 2016 Welcome to LOS (land of scam), next time use a international rental company, Avis, Budget or Hertz are all good and honest. Who rents from a car co. that has only 1 car.......................lol. i thought i mis-understood . Link to comment Share on other sites More sharing options...
thedemon Posted February 25, 2016 Share Posted February 25, 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. Agree. And only stay in intl. brand hotels Sheraton, Marriott etc. Eat only KFC, McDonalds or Pizza Hut. It will cost more but is the only sensible option. Link to comment Share on other sites More sharing options...
sandgroper2 Posted February 25, 2016 Share Posted February 25, 2016 Years ago, Homer Simpson went to hell because he didnt read the small print on a contract. Let that be a lesson to you all. Here you must check the contract, count your change, check the quality of the item you are buying, buy from a reputable (hopefully) retailer. If you have heard the term "Buyer Beware" it applies here in spades. Its always a long trip back and a long argument (which you normally lose) to get satisfaction. Certainly was a long trip back for Homer. Link to comment Share on other sites More sharing options...
bruceamstutz Posted February 25, 2016 Share Posted February 25, 2016 The driver at faults insurance should pay for the loss of your vehicle during the repair period. That's standard in U.S. But this is Thailand and STANDARDS are far and few between...... Link to comment Share on other sites More sharing options...
Gsxrnz Posted February 25, 2016 Share Posted February 25, 2016 The correct way to handle the situation in Thailand is to agree to pay, but pay him in accordance with Thai time lines. i.e......Never. Link to comment Share on other sites More sharing options...
seedy Posted February 25, 2016 Share Posted February 25, 2016 Troll / Flaming post removed Link to comment Share on other sites More sharing options...
tomtaylor1 Posted February 26, 2016 Share Posted February 26, 2016 Hi All, is the contract written in Thai or English, as I understand it, if the contract is not written in Thai Language, it is not a legally enforceable. Tom Link to comment Share on other sites More sharing options...
stevenl Posted February 26, 2016 Share Posted February 26, 2016 Hi All, is the contract written in Thai or English, as I understand it, if the contract is not written in Thai Language, it is not a legally enforceable. Tom Not true, also English contracts are enforceable. It is really not very difficult in general: in a case like this where the blame for the accident is easy: the guilty party or his insurance company is responsible for the damages to the car(s) and personal injury. Any 'add ons' like rental charges etc. are for the guilty party, insurance will not cover those. And yes, these charges are legally enforceable, so no scam at all here, but the legal system here does not always work easy or fast. Easiest way to get these charges paid by the guilty party is in the negotiations between involved parties, insurance and police, because the police does have the power to retain the DL of the guilty party until things are settled or in the court system. Regarding the repair time, I had a Nissan Navara for 4 months in repair after a crash, so one month does not seem excessive to me. The main reason for this I think is that the insurance company is trying to import parts cheaper than Nissan has them on stock. Link to comment Share on other sites More sharing options...
harrry Posted February 26, 2016 Share Posted February 26, 2016 If the owner signed the rental form or anything else you have evidence he was working without a work permit. Sounds mean but he would not rent the vehicle for the whole time and he has no incentive to speed the repairs up if you are paying. Negotiate a reasonable payment....say one week and otherwise point out that he can sue you in court.......and that if he does you will be contacting the labour department. Link to comment Share on other sites More sharing options...
sandgroper2 Posted February 26, 2016 Share Posted February 26, 2016 Repair of a car is just 5 to 7 days max including waiting time of the parts bring it down to that. A girlie at my work purchased a new Mazda 2 about 6 months ago. Not long after she was following a truck and a rock fell from it bounced off the road and badly damaged her windscreen. The car is still parked up and not driveable as windscreens are not available (From either Mazda Thailand or aftermarket). Wow. Link to comment Share on other sites More sharing options...
Ghostnigel Posted March 3, 2016 Share Posted March 3, 2016 I'd rather walk than rent a car in this country... Link to comment Share on other sites More sharing options...
ardokano Posted March 4, 2016 Share Posted March 4, 2016 Penny Wise Pound Foolish. What has the U.S. got to do with it.Aa. 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.Almost "farangs" stay in Thailand as Cheap Charly. Because in another country it can be more high cost. Link to comment Share on other sites More sharing options...
hawker9000 Posted March 4, 2016 Share Posted March 4, 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. At-fault liability isn't the "U.S. standard" anyway. Some states are "no-fault" states. (My understanding is that Canada and Australia also have no-fault insurance provisions, but I don't know exactly where or if it perhaps applies to the entire country.) Some people like to post without any knowledge of what they're talking about. All entirely irrelevant as this is Thailand. Link to comment Share on other sites More sharing options...
KMartinHandyman Posted March 5, 2016 Share Posted March 5, 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. At-fault liability isn't the "U.S. standard" anyway. Some states are "no-fault" states. (My understanding is that Canada and Australia also have no-fault insurance provisions, but I don't know exactly where or if it perhaps applies to the entire country.) Some people like to post without any knowledge of what they're talking about. All entirely irrelevant as this is Thailand. Relevant to the OP and the other drivers insurance paying repair costs making it an At-fault liability case the loss of vehicle should have been included as it would be in the same circumstances in the US. Clear enough? No Fault doesn't apply to the OP. Link to comment Share on other sites More sharing options...
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