Recent accident with a Motorcycle

[boykieboy]

This my first post on TV .I am looking for advice on how to best address with a situation that has arisen as a result of my recent accident with two youths on a Motorcycle .The Motorcycle was clearly clearly at fault for speeding through the stop at the junction where I had right of way.

Now a week later I am being asked to attend a meeting at the Police station.Has anyone had a similar experience and what can I expect from this meeting.

Kind regards Boykieboy

[kannot]

leave it to your  insurance and dont go, you did have insurance didnt you?

[ClutchClark]

Did you have any passengers ? Eye Witnesses ? DASHcamera?

[Gecko123]

Doesn't sound good. Did the police investigate at the scene of the accident? If not, the only reason I can think of as to why the at-fault party went to the police is that they are claiming you are at fault. If there were two of them and just one of you, and no other evidence, this could get tricky.

 

If you have insurance, and report a claim for the damages to you or your vehicle, it is beneficial to you to get the name, address and license number of the other vehicle. If you don't get that information for the insurance company, the insurance company can't collect from the third party, and typically imposes a 1,000 baht deductible on the insurance payout. If you have insurance, I would report a claim, and try to get an insurance company representative to attend the meeting with you.

[ezzra]

 

Sadly, and speaking from first hand experience, you're the rich farang, their fault or

not, you'll end up paying for damages and hospital bills, as This IS Thailand....

get your PO LO BO insurance involved, ( the annual fee you pay every year )

and try to negotiate as much as you can with the help of Thai speaking friend,

mind you, the cops will want their bit as well,

so be patient and deal with it in a cool way, no way to get out without paying.....

[dotpoom]

1 hour ago, kannot said:

leave it to your  insurance and dont go, you did have insurance didnt you?

 

That is good advice but many people only have the "Government Ins." on their motorbikes and not private insurance. To the best of my knowledge that will only cover injuries to oneself....the other two's insurance should cover them .....then again it could be the other way round.

[Keesters]

Lots of negative comments regarding the police. Had a few accidents with my car in Bangkok when Thai driven cars smashed into me. Police found against the Thai drivers. It was then settled smoothly between the various insurance companies. I have always found the RTP to be fair.

 

[robblok]

Go there but make sure your insurance rep is there. Otherwise they might try it on you.

 

Also its not always so that the farnag has to pay the police just want this settled and give both of you a fine. This can be just follow up. I was in an accident once and did not have to pay a thing. The farang is always wrong crowd here will argue but in clear cases they can't put the blame on you.

 

[robblok]

3 minutes ago, Keesters said:

Lots of negative comments regarding the police. Had a few accidents with my car in Bangkok when Thai driven cars smashed into me. Police found against the Thai drivers. It was then settled smoothly between the various insurance companies. I have always found the RTP to be fair.

 

 

My experience too, but most wont people won't admit they were mistaken too.. its always 100% someone else his mistake.. so when the police sees that different its unfair. (happens all over the world)

 

Calling you to come back after an accident is usually just administration to wrap it all up.. but I would take a Thai speaker with you. Of course also take insurance rep with you.

Edited September 23, 2016 by robblok

[Coaster11]

How do you work out you had the right of way?

 

Thai road rule number 1) Give way to ME.

2) Look in all directions at lights and intersections so as to avoid an accident with someone who has little regard for their own well being or life. See rule #1

Edited September 23, 2016 by Coaster11

[Retiredandhappyhere]

Two years ago, I was driving in my car, with a Thai lady passenger, along a wide village road and signalled well in advance to make a right hand turn, having spotted a m/c several hundred metres behind me.  I slowed to let two advancing cars pass before starting my turn, when I heard a skidding sound and the m/c skidded into my rear wheel on the drivers side.  The Thai boy involved was probably about 20 years old, had no licence, no insurance, no road tax and was not wearing a helmet. Luckily he only had a few minor scrapes but his bike sustained perhaps 3000 bahts worth of damage, with my car about 10000 bahts worth.

 

The boy got up and immediately phoned his girlfriend who then arrived at the scene on her m/c to become the main witness for the police who had been called to the scene. After speaking only to her, the cop walked over to me and said "your fault", despite my passenger's protests. He confiscated my licence and I spent the next four hours at the police station, with my insurance guy and the Thai lady waiting for attention, only to be told to come back the next morning at 9 am for a meeting to determine who was to blame. When I arrived the next morning, feeling a bit apprehensive, my insurance guy merely told me that everything had been settled and I just had to sign a form to that effect and pay 500 baht for the police work.  Feeling somewhat relieved that the matter had been resolved, I was happy to leave the station and go home.

    

It turned out that the 500 baht was in fact a fine and that all costs, mine and the other party's, were  to be setlled via my comprehensive insurance cover.  The boy rode his bike away from the station still of course  illegally and with no fine or action against him whatsoever.   All he had ever been able to produce at the station was his I.D. card.

 

Not surprisingly, the impression I formed was that when a farang and a Thai are involved in a motor accident, it is always the farand who will pay, often with the Thai insurance company's representative's sympathies favouring the "poor" uninsured Thai party. 

 

[Kwasaki]

OP needs to give more details e.g. stop what ? traffic lights,  country main road etc etc. 

 

@Retiredandhappyhere  Are you out in stick a bit because either girl or boys family were known to the police and had already been paid following that conversations with Thai insurance company's representative's and you having 1st class insurance it was an easy way out maybe a bit of sympathy Thai party who knows but you were hoodwinked by the insurance rep. 

[boykieboy]

Hi Guys 

Yes I do have fully comprehensive insurance .The Accident was witnessed by a third party who happened to be selling Roti about 25 meters from the junction .She gave a statement to the Police officer at the scene .Both the police officer and myself have photographs of the accident scene .I agree with  Kannot and leave it to my insurance company .The two youths did not have insurance ,I'm not sure about  being in possession of a Licence. I will wait and see if the Police officer involved calls me again today .Thank you all for your comments and advice 

Kind regards Boykieboy

[louse1953]

1 hour ago, Retiredandhappyhere said:

Two years ago, I was driving in my car, with a Thai lady passenger, along a wide village road and signalled well in advance to make a right hand turn, having spotted a m/c several hundred metres behind me.  I slowed to let two advancing cars pass before starting my turn, when I heard a skidding sound and the m/c skidded into my rear wheel on the drivers side.  The Thai boy involved was probably about 20 years old, had no licence, no insurance, no road tax and was not wearing a helmet. Luckily he only had a few minor scrapes but his bike sustained perhaps 3000 bahts worth of damage, with my car about 10000 bahts worth.

 

The boy got up and immediately phoned his girlfriend who then arrived at the scene on her m/c to become the main witness for the police who had been called to the scene. After speaking only to her, the cop walked over to me and said "your fault", despite my passenger's protests. He confiscated my licence and I spent the next four hours at the police station, with my insurance guy and the Thai lady waiting for attention, only to be told to come back the next morning at 9 am for a meeting to determine who was to blame. When I arrived the next morning, feeling a bit apprehensive, my insurance guy merely told me that everything had been settled and I just had to sign a form to that effect and pay 500 baht for the police work.  Feeling somewhat relieved that the matter had been resolved, I was happy to leave the station and go home.

    

It turned out that the 500 baht was in fact a fine and that all costs, mine and the other party's, were  to be setlled via my comprehensive insurance cover.  The boy rode his bike away from the station still of course  illegally and with no fine or action against him whatsoever.   All he had ever been able to produce at the station was his I.D. card.

 

Not surprisingly, the impression I formed was that when a farang and a Thai are involved in a motor accident, it is always the farand who will pay, often with the Thai insurance company's representative's sympathies favouring the "poor" uninsured Thai party. 

 

I carry a copy of my dl in the car,bike and in my wallet.That's all they will get out of me.All you have to do is stand your ground and don't sign anything you can't read or understand.

[sandemara]

If you have not commmited an offence or breached any traffic regulation/rule while you are a driver involved in an accident you have no legal or moral obligation to pay any compensation whatsoever.  No Thai court (or police) can compel you to pay any compensation under such circumstances. This, of course, might not stop police attending from asking you to do so.  That is just a cultural obligation they're acting on. However, you cannot be forced to pay.  I strongly suggest you do not entrust  your dealings with police to "a Thai-speaking friend", who can often be intimidated by police or cultural obligations unknown to you to let a "rich" farang finance the other driver's medical and repair costs despite their ignorance of traffic laws and stupidity, simply because they are in dreadful circumstances of poverty in comparison to you. Find a lawyer you can trust to represent you and/or accompany you instead.

[elgordo38]

From the looks of the lad laying on the ground with his leg all "boarded" up be prepared for the big hit. I rather makes me thankful I do not own a motor vehicle of any type here. It seems that as soon as you fire up your vehicle here you start out with two strikes against you. When you enter the country immigration should have a big ATM stamp for your forehead. Forget that just being a foreigner here signifies that. Do they have stock car races here anywhere or is the public roadways?

[KhunBENQ]

A mate in a pickup had an accident with a motorbike 13 days ago.

He tells me it was not his fault.

 

Yesterday he had this meeting at police station.

Present were:

• the motorbike rider (with half of his village)
• the representative for the mates complementary insurance
• the representative for the mates compulsory insurance
• (I don't know whether the motorbike rider had compulsory insurance and someone was present)
• him (with wife)

He discussed with the insurer that it was not his fault and whether he should go the legal route?

 

Insurer: you can do, they will confiscate your passport, you will be blocked from leaving the country, it can last veeery long.

 

Insurer: sign here that it was your fault and we will manage the compensation among the insurers.

 

He signed, police closed case against him. No criminal charges.

He could walk free.

 

That seems business as usual.

 

Edited September 23, 2016 by KhunBENQ

[Global Guy]

I went through this last year when a taxi driver made an illegal U-turn and w collided with him. My motorcycle and I were both totaled.

 

Anyway, here's a couple things I learned.

 

1) Insist your insurance rep is there at the first meeting, if not all of them.

2) Do NOT skip or only have your insurance rep go. You MUST go too.

3) Have either your Thai gf go, a trusted bilingual friend, or at least your rep who also speaks English attend.

4) Obviously, dress business casual. Not like a slob, but not too well that you look like you have money.

5) Insist that the police write in the police report that the other person was at fault (since he was).

6) Bring as much physical evidence, photos, maps, hospital bills, bike receipts, etc. as possible. I had a folder with it all organized to show them.

7) The insurance rep will negotiate a lot (or should) to try and get money from the other party. They want to recover as much as they can so let them.

8) I had a new Ducati and it was trashed. They offered to fix it and let me keep it or pay me off. There was no way I was keeping it with that much frame and structural damage left to repair so I took the buyout. They initially offered me about 70% of the new value, which actually is pretty fair. But I negotiated it up to 90+% of the new value (I bought it from a dealer seven months prior and spent a good amount on customizing it).

9) The police were really good to my gf (she's an experienced business women and knows how to work these scenarios) and no money was asked for or given. I asked her about it and she said it wasn't needed (and she's dealt with that aspect of business here so she knows). Your situation might be entirely different. The police treated my gf like royalty so that had a lot to do with the police advocating on my behalf. Without her, it would be all different.

 

We had to go to the police station 4 or 5 times. The last couple times the rep wasn't there because he finished his part. My Thai gf then did the talking. The other party kept saying he didn't have a job so he couldn't pay me anything (although he hit me with a company taxi while he was working, he came to the police station in another taxi and was wearing a taxi uniform).

 

I hardly did a thing, The insurance rep needed the police report to show the other guy was at fault. This helped with my payout on my bike. They charged the guy with a crime and he did go to jail initially and was bailed out. The court called us and they gave us his bail money.

 

Pick and choose what you want of this story but the one thing I can say is you must attend, let the Thais do their thing as you observe, mostly. Feel free to PM if you want.

 

Good luck!!!

[KhunBENQ]

22 minutes ago, louse1953 said:

All you have to do is stand your ground and don't sign anything you can't read or understand.

In the ideal case have an interpreter or an English speaking insurance agent to know what it is about.

 

Don't sign: see above post.

 

[ThaiWai]

I had an accident last week.  Obscured by a minibus a girl turned and darted across my lane without looking for oncoming traffic and then when seeing me immediately stopped leaving me no path.  T-boned her.  Police showed up and everyone knew it was her fault.  Everyone started giving me the "oh she's only 17 and she will pay for your damages later but we won't tell you where she lives or her phone number blah blah blah".  I said NO WAY.  I want a report from the police station now, tomorrow I will get an estimate from an authorized Suzuki dealer and she will pay me for 100% of the repairs.  If she does not like that offer I'll tack on a trip to the hospital with a few x-rays of my scratched up leg and some pain and suffering money too which is exactly what any Thai would do if I was at fault.  Suddenly everyone was not so friendly and very reluctantly went to the police station and gave me what I wanted.  Police gave her a fine for causing the accident and the next day she sent me 8000 to fix my bike.  Turns out the girl who caused my accident got her DL the day before.  The cops were laughing saying they think she might have broken the record for quickest accident after getting a DL.  

Moral of the story: make sure you have proper unexpired Thai DL and up to date tax and insurance documentation on your person and a helmet (for mc's) and then you are in a position to debate.  Don't leave the scene or touch anything except injured parties to render first aid until the police arrive.  Take your own photos including pics of any bystanders that may be a potential witness.  Don't take any crap.

[Deepinthailand]

Not had an accident yet (touch wood) have a dash and rear cam plus two side cams total vehicle coverage. Cost in total 4000bht well worth it front and rear stay in vehicle at all times con ect ed to 12v pOwer supply. Side cams  I setup on lock brackets easily removed in seconds (battery operated fully waterproof and give great images day and night. They have sd card slot and batteries last a long time.

[Kwasaki]

45 minutes ago, ThaiWai said:

I had an accident last week.  Obscured by a minibus a girl turned and darted across my lane without looking for oncoming traffic and then when seeing me immediately stopped leaving me no path.  T-boned her.  Police showed up and everyone knew it was her fault.  Everyone started giving me the "oh she's only 17 and she will pay for your damages later but we won't tell you where she lives or her phone number blah blah blah".  I said NO WAY.  I want a report from the police station now, tomorrow I will get an estimate from an authorized Suzuki dealer and she will pay me for 100% of the repairs.  If she does not like that offer I'll tack on a trip to the hospital with a few x-rays of my scratched up leg and some pain and suffering money too which is exactly what any Thai would do if I was at fault.  Suddenly everyone was not so friendly and very reluctantly went to the police station and gave me what I wanted.  Police gave her a fine for causing the accident and the next day she sent me 8000 to fix my bike.  Turns out the girl who caused my accident got her DL the day before.  The cops were laughing saying they think she might have broken the record for quickest accident after getting a DL.  

Moral of the story: make sure you have proper unexpired Thai DL and up to date tax and insurance documentation on your person and a helmet (for mc's) and then you are in a position to debate.  Don't leave the scene or touch anything except injured parties to render first aid until the police arrive.  Take your own photos including pics of any bystanders that may be a potential witness.  Don't take any crap.

 

Basically you stuck to your guns,    many here only listen to misinformation and get easily intimidated.

You have admit that some circumstances say if you were unconscious it could get difficult,  so as above cams for bike and cars seem to be the thing to have here.

[manarak]

1 hour ago, KhunBENQ said:

A mate in a pickup had an accident with a motorbike 13 days ago.

He tells me it was not his fault.

 

Yesterday he had this meeting at police station.

Present were:

• the motorbike rider (with half of his village)
• the representative for the mates complementary insurance
• the representative for the mates compulsory insurance
• (I don't know whether the motorbike rider had compulsory insurance and someone was present)
• him (with wife)

He discussed with the insurer that it was not his fault and whether he should go the legal route?

 

Insurer: you can do, they will confiscate your passport, you will be blocked from leaving the country, it can last veeery long.

 

Insurer: sign here that it was your fault and we will manage the compensation among the insurers.

 

He signed, police closed case against him. No criminal charges.

He could walk free.

 

That seems business as usual.

 

 

The meetings at the police are tricky.

Police mostly tries to wrap up the case in the station, in many cases they like to decide shared responsibility, which doesn't mean each party supports and equal share of responsibility and damages, but it simply means "no one is wrong" in the best example of Thai face-saving, and it means no one receives compensation.

Many police officers are dishonest during this process as guilty parties try to get off the hook...

First class insurance is the best thing to avoid being bullied.

[teacherpaul]

4 hours ago, Borzandy said:

DELETED

Utter rubbish. I was involved in 4 prangs in my 13 years in Thailand. None of them were my fault and each time I successfully claimed from the other driver. Engage brain before typing.

[MichaelFaHam]

I am a bit tired of having bikes run into me when driving a car in Thailand, 5 times in 15 years. Typically it is just a bump and no police involved though usually caused by plain stupidity.

 

Only on one occasion did the police attend as two girls bumped the side of the car and needed first aid, though nothing broken. My Thai wife was with me and explained to the police that it was entirely the girls fault. After a little discussion she told me that the police wanted money for "medical costs". I was very reluctant as it felt like an admission of guilt.

 

My response was to ask her to tell the police "My husband is a very kind man and has decided he will not make the girls pay for damage to his car".

 

End of discussion! Police said thank you and left. ( And my wife gave the girls a couple of hundred baht)

 

[thaibeachlovers]

6 hours ago, robblok said:

Go there but make sure your insurance rep is there. Otherwise they might try it on you.

 

Also its not always so that the farnag has to pay the police just want this settled and give both of you a fine. This can be just follow up. I was in an accident once and did not have to pay a thing. The farang is always wrong crowd here will argue but in clear cases they can't put the blame on you.

 

If don't have an insurance rep, I'd consider taking a lawyer, unless you know an influential person that will help you.

Do you have a Thai person that could inquire as to why they want to see you?

 

I had a m'bike accident caused by an at fault Thai, but I just paid up and accepted that as a farang I didn't have a show of winning any dispute. Luckily he didn't die. I hate to think how my life would be then.

 

[Deepinthailand]

2 hours ago, teacherpaul said:

DELETED

Hi does the person who gave you this advise not like you???  Worst thing to do someone will take your number plate and by the time the police come for you there will be at least ten witnesses to say your fault. Plus two or three would have been injured even if you saw only one person on a bike.oh and the bike will totalled not at all good advise. Not to mention the extra charge of driving away from an accident.

Edited September 23, 2016 by Deepinthailand

[nontabury]

6 hours ago, Retiredandhappyhere said:

Two years ago, I was driving in my car, with a Thai lady passenger, along a wide village road and signalled well in advance to make a right hand turn, having spotted a m/c several hundred metres behind me.  I slowed to let two advancing cars pass before starting my turn, when I heard a skidding sound and the m/c skidded into my rear wheel on the drivers side.  The Thai boy involved was probably about 20 years old, had no licence, no insurance, no road tax and was not wearing a helmet. Luckily he only had a few minor scrapes but his bike sustained perhaps 3000 bahts worth of damage, with my car about 10000 bahts worth.

 

The boy got up and immediately phoned his girlfriend who then arrived at the scene on her m/c to become the main witness for the police who had been called to the scene. After speaking only to her, the cop walked over to me and said "your fault", despite my passenger's protests. He confiscated my licence and I spent the next four hours at the police station, with my insurance guy and the Thai lady waiting for attention, only to be told to come back the next morning at 9 am for a meeting to determine who was to blame. When I arrived the next morning, feeling a bit apprehensive, my insurance guy merely told me that everything had been settled and I just had to sign a form to that effect and pay 500 baht for the police work.  Feeling somewhat relieved that the matter had been resolved, I was happy to leave the station and go home.

    

It turned out that the 500 baht was in fact a fine and that all costs, mine and the other party's, were  to be setlled via my comprehensive insurance cover.  The boy rode his bike away from the station still of course  illegally and with no fine or action against him whatsoever.   All he had ever been able to produce at the station was his I.D. card.

 

Not surprisingly, the impression I formed was that when a farang and a Thai are involved in a motor accident, it is always the farand who will pay, often with the Thai insurance company's representative's sympathies favouring the "poor" uninsured Thai party. 

 

 

When it came to renew your license, did your premium increase due to the fact that you had basically admitted guilt?

[phinick]

I had an accident with 2 girls on a motorbike.  It was clearly their fault, but my wife insisted that I tell the police that fault was 50/50.  She explained that if I insisted that it was 100% their fault we would have to go to court.

We had to go to the police station where they took a report, and I had to pay a fine of 500 baht.  I noticed that the girl driving the motorbike was fined 1000 baht.  When I asked my wife why, she said it was because there were 2 on the motorbike, and only me in the car. 

Only in Thailand.

[thailand49]

I've had this happen, but before I give you some answers you do not specify if you were driving a car or motorbike yourself. 

If you can bring someone who can speak decent English to translate I highly recommend it. If not if you can afford lawyer time to go with you I also highly recommend it. The reason if you are talking Pattaya and you got to go down to Banglamung the communication will frustrate you.

I will let them talk first as to why you are being called to the station.  In your post you left out as to the outcome of the incident?  I would get a copy of the driver Handbook especially in English, In Pattaya try Canterbury Tales off Soi Buakhao.  Although it is in their handbook, mention right of way etc.. very few police has any idea of Right of way etc.. since they drive exactly like the boys in question.

When it is time to talk.. Ask the the two do they have a current driving license, if not, case close.  Go back to the seen of accident and make sure you have the right of way,  use your cell phone for photos. If the two had a stop sign and didn't stop.. or slow down.. case close.

Many here are going to say or think full of shit... Everything Thais do are against the Handbook, stop sign blow through, Flashing yellow blow through, flashing red blow through.  You will hear this is Thailand! 

Two year ago, everything I mentioned happened to me did exactly what I just mentioned in Pattaya Banglamung Police station, the guy said " This is Thailand "  I told him in my best Thai, yes I understand and you should know " Thailand also has Laws to follow "  I showed him the Handbook as to the violation.  I told them this is what I stand by show them my licenses from Thailand Motorbike and car.. I told them politely I'm the one that should be compensated and if you continue the conversation here is my lawyers card. 

Don't get angry.. be calm show confidences!  Now if you don't have a Thai driver license or using a International Permit it will get a bit tougher you will have to use some logic to confuse them that you are right!  That is a longer subject?

 

Edited September 23, 2016 by thailand49