Car and Motorbike Accident

[orlov]

Driving my car down Soi Siam Country Club Road about 2 weeks ago a motorbike drove full tilt straight at me and although he attempted a last minute swerve he unfortunately didn't quite make it, shattered my offside front headlight, dented the front panel and took the wing mirror clean off. Purely by chance the accident happened directly outside a housing estate and was caught by CCTV camera situated behind the security box. The exact point of impact is obscured by the security box but the footage shows car coming from the right and slowing down before disappearing in front of the box and motorbike coming from the left. Motorbike and driver also disappear in front of the box where they are then seen shooting out the other side where driver is rapidly separated from bike and lands in the road about 3 car lengths behind the point of impact. Fortunately (and amazingly) he wasn't seriously injured mainly due to the fact that he was wearing full security uniform. Subsequent photos shows my car on the correct side of the road with offside wheel just touching the centre line. The road is slightly narrow due to road works on both sides but it still leaves the other side of the road completely free for the motorcycle to pass. Yesterday the police judged the fault 50/50 despite overwhelming evidence in my favour. I asked my car insurance company representative for advice and he said 'up to you'. So in the interests of justice I rejected this ruling and it now goes for a full 'investigation'. So my question is: Anybody know what happens at a full investigation and if I reject that ruling what happens then?

[taotoo]

Don't know, but good luck. Was involved in a very similar incident recently and decided to let it go to avoid the stress.

[patsfangr]

Don't know, but good luck. Was involved in a very similar incident recently and decided to let it go to avoid the stress.

When you say "let it go", do you mean you accepted the 50/50 decision? If so what was the result. Simply an insurance settlement? No charges of any kind filed?

[richard_smith237]

I've been in similar situations whereby an accident I was certain was not my fault was judged as being 50:50.

This is because the other vehicle had no insurance.

Ultimately the 50:50 ruling is not so much to proportion blame, but to expedite the process and make it easier and simpler for everyone involved.

The 50:50 ruling means that your insurance covers you, not the other party.

In effect, the 50:50 ruling has no more or less impact on you than a ruling proportioning blame 100% at the other party.

IF 100% blame was proportioned to the other party, your insurance would sue them for the costs to your car (or write the issue off as a non-starter). The fact that the other party was on a bike indicates that they have little funds to go after.

Thus: doing any different than accepting the 50:50 ruling does nothing for you except for polishing a little righteousness. I know how you feel, but sometimes its just easier to accept things are the way they are for a reason, in this case, nothing more than making the process easier.

[orlov]

I've been in similar situations whereby an accident I was certain was not my fault was judged as being 50:50.

This is because the other vehicle had no insurance.

Ultimately the 50:50 ruling is not so much to proportion blame, but to expedite the process and make it easier and simpler for everyone involved.

The 50:50 ruling means that your insurance covers you, not the other party.

In effect, the 50:50 ruling has no more or less impact on you than a ruling proportioning blame 100% at the other party.

IF 100% blame was proportioned to the other party, your insurance would sue them for the costs to your car (or write the issue off as a non-starter). The fact that the other party was on a bike indicates that they have little funds to go after.

Thus: doing any different than accepting the 50:50 ruling does nothing for you except for polishing a little righteousness. I know how you feel, but sometimes its just easier to accept things are the way they are for a reason, in this case, nothing more than making the process easier.

Point taken. I had already considered that my only losses by accepting a 50/50 would be a 'fault' claim registered against my insurance record with the subsequent loss of an NCD next year plus a 400 baht fine which the police intended to levy against both myself and the motorbike driver. That's in addition to the non-returnable 1,500 baht that the police stuffed me for when they 'checked' my car after the accident. I'm rather surprised that the insurance company are leaving it to me to make the decisions as in theory they are the ones who are supposed to take over the case and decide on a final outcome.

[richard_smith237]

I've been in similar situations whereby an accident I was certain was not my fault was judged as being 50:50.

This is because the other vehicle had no insurance.

Ultimately the 50:50 ruling is not so much to proportion blame, but to expedite the process and make it easier and simpler for everyone involved.

The 50:50 ruling means that your insurance covers you, not the other party.

In effect, the 50:50 ruling has no more or less impact on you than a ruling proportioning blame 100% at the other party.

IF 100% blame was proportioned to the other party, your insurance would sue them for the costs to your car (or write the issue off as a non-starter). The fact that the other party was on a bike indicates that they have little funds to go after.

Thus: doing any different than accepting the 50:50 ruling does nothing for you except for polishing a little righteousness. I know how you feel, but sometimes its just easier to accept things are the way they are for a reason, in this case, nothing more than making the process easier.

Point taken. I had already considered that my only losses by accepting a 50/50 would be a 'fault' claim registered against my insurance record with the subsequent loss of an NCD next year plus a 400 baht fine which the police intended to levy against both myself and the motorbike driver. That's in addition to the non-returnable 1,500 baht that the police stuffed me for when they 'checked' my car after the accident. I'm rather surprised that the insurance company are leaving it to me to make the decisions as in theory they are the ones who are supposed to take over the case and decide on a final outcome.

I'd guess that as far as the insurance company are concerned its already decided.... They deal with these issues daily and are also used to taking the path of least resistance along with the Police.

Just out of curiosity: What did the Police stuff you for when they checked your car and charged you B1,500 ??

The reason I ask: I'm nosey !.. but also if your car had any fault (i.e. bald tyres etc) and the Police charged you for that, it could also have other implications, such as road worthiness of your car.

[orlov]

1. The police arrived in considerable force after the accident (obviously a quiet night!) and somebody who was 'associated' with the police drove my car back to the police station at his insistence. I was then told the top man had ordered that I pay 1,500 baht for 'checking' my car. I argued that he'd already driven it back to the police station with no problems but if he wanted to check it further he was free to do so but I saw no reason to pay any money. It was made clear to me that I wouldn't be allowed to drive my car home until the 1,500 baht was paid. So I eventually paid it, upon which he simply walked off.

[taotoo]

Don't know, but good luck. Was involved in a very similar incident recently and decided to let it go to avoid the stress.

When you say "let it go", do you mean you accepted the 50/50 decision? If so what was the result. Simply an insurance settlement? No charges of any kind filed?

In my case everyone agreed the other guy was at fault. No police involved since very low speed. The issue is that I'll have to pay 30% of my repair cost as i want it done by the main dealer, not a backstreet place. My view is the other guy should pay, but the insurance company appear to be genuinely surprised that i would feel this way, and even asked me if he was insured or not. I'm not going to sue the guy, so best forgotten about. Not sure whether my no claims bonus will be affected, but life's too short to worry..

Previously had an accident where the police were involved. I think they threatened the other party with being charged with dangerous driving unless they ensured i was reasonably compensated. The guy ended up lending me his car for 3 months while mine was being repaired.

[richard_smith237]

1. The police arrived in considerable force after the accident (obviously a quiet night!) and somebody who was 'associated' with the police drove my car back to the police station at his insistence. I was then told the top man had ordered that I pay 1,500 baht for 'checking' my car. I argued that he'd already driven it back to the police station with no problems but if he wanted to check it further he was free to do so but I saw no reason to pay any money. It was made clear to me that I wouldn't be allowed to drive my car home until the 1,500 baht was paid. So I eventually paid it, upon which he simply walked off.

Thats the worst part of this story.... OK, so you had an accident, then the BiB shook you down for B1,500.... a small amount, but nevertheless it astonishes me the open-shame that these guys are simply immune to.

With regards to the rest of the story... Settling for 50:50 is fair enough... I don't see that you actually have anything to gain by going for 100% (with the exception of a minor fine (B400) I think you mentioned and a potential reduction in premium based on no-claims-bonus.

[onemorechang]

Say no, not your fault.

insurance company are crap you have, ( up to you ) what an answer!!!!!!!!

He caused the accident and he dam well knows it.

This demonstrates one of the negative cultural problems in Thailand.

Thais excepting responsibility for there actions or non actions.

one day maybe

Hope you get it sorted and change insurance company, when your policy runs out

[siamcrut]

Either you come up with a well connected Thai friend or you are screwed.

Police charging you 1.500 baht for your car check says it all, in a nutshell...

[lonewolf99]

The whole things stinks... On the real planet earth the Motorbike driver would have been charged and lost his licence. But as we all end up typing on here.... TiT....

It could have been a lot worse... I know of someone from the UK that had a motorbike slam right into the front of his brand new car. The bike rider bounced of the windscreen and landed in a shop front about 20 yards away, dead. This happened in the dark. The car driver had just parked on the left side of the road. The motorbike had no lights and was a piece of old junk driven on the wrong side of the road.

Who was to blame and ended up hounded for huge sums of money. The man from the UK. Where is he now ? The UK. He sold up, handed the keys of the car to his GF and left here for good.

The price some people pay for driving on these roads is the ultimate - their life. Others just get scammed for a few thousand baht, and sadly some for a lot more, but be thankful you can still walk away from it.

[NanLaew]

The OP goes to great lengths to describe the CCTV video that does not show what actually happened.... and then asks for an opinion without telling us what actually happened either. So, what actually happened?

With the accident taking place on SSCC, I take it the police involved were the stars that work from the Nongprue station? The one behind the sports stadium?

If so, the 'police check' driver and the 1500 baht non-refundable, non-negotiable fee sounds like their latest trick. Akin to the unholy alliance of the Houston Police Department and city tow truck operators. Someone makes a decision the car is 'undriveable' and the owner is faced with tow and recovery fees. It doesn't matter if the car is undamaged, driveable and the driver is sober, they try it on anyway.

The OP's insurance agent isn't working for the best interests of either the OP or the insurance company. Most of these agents work on commission and/or a table of call-out fees for several insurance companies and are not direct employees. Some insurance companies may be worse than others on settling up agent fees which can be reflected in how much effort the agent puts in on the policy holders behalf. There's arguably better service for holders of First Class and other 'premium' coverages versus the 'bare minimum' covered driver.

[balo]

I had a similar accident when a bike hit my car and the insurance company paid everything. You need class 1 insurance and just wait for the agent , everything was solved within 1 week and damage to my car repaired. Also I recommend a dashcam installed so you can show them the evidence.

[edd]

Balo

You mentioned a dash cam

Well when I was stopped after turning left at the end of walking

Street a bhat bus ran into the side of my stationary vehicle

The police officer said it was my fault

I asked how.

He said if you hadn't come to Thailand it wouldn't have happened.

I got my dash cam out of the vehicle and tried to show him that I was stopped in traffic for several minutes before the bhat bus hit me but he would not look at it.

He just walked away.

[richard_smith237]

Balo

You mentioned a dash cam

Well when I was stopped after turning left at the end of walking

Street a bhat bus ran into the side of my stationary vehicle

The police officer said it was my fault

I asked how.

He said if you hadn't come to Thailand it wouldn't have happened.

I got my dash cam out of the vehicle and tried to show him that I was stopped in traffic for several minutes before the bhat bus hit me but he would not look at it.

He just walked away.

You have the evidence - you are more than free to disagree with the Police officer decision... stay calm, remain polite, ask for a more senior officer. Get your insurance involved, if so you feel like get a reputable lawyer.

Eventually your case will be placed in front of someone with common sense.

All they are trying to do otherwise is follow the easiest path for them, they want you to fold and give up so that the issues disappears as quickly as possible. If you are not prepared to be walked over you will be treated with greater respect.

[patsfangr]

Balo

You mentioned a dash cam

Well when I was stopped after turning left at the end of walking

Street a bhat bus ran into the side of my stationary vehicle

The police officer said it was my fault

I asked how.

He said if you hadn't come to Thailand it wouldn't have happened.

I got my dash cam out of the vehicle and tried to show him that I was stopped in traffic for several minutes before the bhat bus hit me but he would not look at it.

He just walked away.

If there is one thing that I have learned in my 73 years of life on this planet it is that there are good and bad people in every nation on it. No country has a monopoly on kind citizens; nor does any country have a monopoly of inconsiderate, bigoted, criminal, evil people. I've lived in Thailand for 10 years, and I've certainly seen all of those types here.

That said, I see nothing wrong with people "venting" when they experience or observe bad behavior here, or anywhere else. Such reports don't deserve rude suggestions to "go home"; or accusations that the person is a fool, a bigot, or an idiot. We farangs are virtually powerless to effect any change in the many things that some of us dislike here. But I see nothing wrong with noting our opinions on those things; or with others expressing disagreement with those opinions.

Why not either ignore the post from the person; or respond in a civilized manner with your opinion as to its validity. We all, after all, do have a right to our own opinions.

There's far too much animosity pent up in some of the folks who post here. And far too much of it spews out unnecessarily.

[edd]

He was one of the most senior police men on the station.

The tourist police volunteers said " just let it go, you won't win with him"

All in all it just cost me 3000B in excess fees.

Not worth loosing sleep over.

[sharecropper]

There's far too much animosity pent up in some of the folks who post here. And far too much of it spews out unnecessarily.

Alternatively people are simply reporting their bad experiences of corrupt and incompetent agencies as a welcome a gratefully accepted warning to others.

There's far too much animosity pent up in some of the folks who post here. And far too much of it spews out unnecessarily.