Buriram Expats
Buriram Province - General Category => General Discussion => Topic started by: secosteve on February 05, 2019, 08:49:13 AM
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I recently had a damage only non injury traffic accident which was my fault. The lady who I collided with claimed on that day she was selling her car and had paid a 10,000b deposit on a new vehicle. she said the deal was now in limbo as the accident had decreased the value of her vehicle by 25,000b. To be fair to her I offered her 15,000b as compensation on the understanding that this went towards her new vehicle.
It transpires that the vehicle I hit was her brothers car and that she had not paid a deposit or even ordered a new one. She is now claiming that the 15,000b is for me hitting her car and not for a new one.
I told her I would give her no money until I had seen the contract for a new vehicle
We have ended up going to the Police who acted as mediators, they have told her to bring to them her envelope for the purchasing the new vehicle.
I am not sure of my legal standing, my insurance is paying for her vehicle to be repaired, so do I really have to pay her money because the accident was my fault.
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I recently had a damage only non injury traffic accident which was my fault. The lady who I collided with claimed on that day she was selling her car and had paid a 10,000b deposit on a new vehicle. she said the deal was now in limbo as the accident had decreased the value of her vehicle by 25,000b. To be fair to her I offered her 15,000b as compensation on the understanding that this went towards her new vehicle.
It transpires that the vehicle I hit was her brothers car and that she had not paid a deposit or even ordered a new one. She is now claiming that the 15,000b is for me hitting her car and not for a new one.
I told her I would give her no money until I had seen the contract for a new vehicle
We have ended up going to the Police who acted as mediators, they have told her to bring to them her envelope for the purchasing the new vehicle.
I am not sure of my legal standing, my insurance is paying for her vehicle to be repaired, so do I really have to pay her money because the accident was my fault.
I've had a similar experience.
Sadly, as it has gone as far as the police, their decision will be final.
I ended up paying 15k as the driver of the other vehicle said he needed a hire car for 2 weeks and this was not covered on his insurance.
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Check the incident here: http://www.buriramexpats.com/forum/index.php/topic,6756.msg43178.html#msg43178 (http://www.buriramexpats.com/forum/index.php/topic,6756.msg43178.html#msg43178)
Lesson learned to me is that if you are in an accident 1st thing to do is "Shut up". Trying to do the right thing will not help. And hopefully you have insurance, use them and let them do the talking. Unfortunately the Police will get involved and you'll probably have to pay them off.
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Check the incident here: http://www.buriramexpats.com/forum/index.php/topic,6756.msg43178.html#msg43178 (http://www.buriramexpats.com/forum/index.php/topic,6756.msg43178.html#msg43178)
Lesson learned to me is that if you are in an accident 1st thing to do is "Shut up". Trying to do the right thing will not help. And hopefully you have insurance, use them and let them do the talking. Unfortunately the Police will get involved and you'll probably have to pay them off.
Totally correct. Leave it to the Insurer, who you should call immediately, without moving either vehicle (unless instructed to do so by the police). Let someone else apportion blame--do not admit it was your fault. Just say nothing.
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Guys. Here is a story from yesterday. First thing to say is I'm OK, some major bruising but apart from that incredibly lucky.
I was on my Triumph on a main road stationary and indicating to turn right down a Soi. I have LED indicators so highly visible. I was waiting for an oncoming motorbike to pass before turning. The bike passed and as I commenced my turn a Toyota truck coming up behind me decides to overtake and wiped me and the bike out sending both 30m down the road. As I was flying I thought I was dead but amazingly no breaks no blood and up and walking within a minute. My bike weighs 250kg and slid 30m so gives you some indication of the speed he was traveling.
Bike very poorly and now in Triumph hospital.
So now the fun begins. The driver at first says it was his fault and he got it wrong. By the time the Police and Rescue arrived it was my fault, I shouldn't turn, why did I turn, didn't see me blah blah blah.
No insurance, not even No3.
Insurance agent arrived and recovery truck for my bike.
Police only spoke to the driver. Did not ask if I was OK, did not speak to me.
The driver whole family arrive and by this time my wife and my wife's friend were also present, along with my friend who I was riding with and witnessed what happened.
Off down the Police Station. Driver is fined 400baht for no insurance and then allowed to get back in truck and leave. However my insurance agent who inspected incident scene along with photos and what the Police could see regarding road marks, skid marks bike scrape marks etc resulted in the driver signing a report admitting liability.
I guess now the fun begins regarding settlement for repairs. I of course have A1 insurance however repairs should not be my or my insurance companies responsibility in this case and I shouldn't be in the position where I pay the excess or face an increased premium next year. But.......TIT.
The wife of the driver who was with him had the nerve to ask my wife, "what about our truck, who pay for that" I'm amazed my wife didn't Launch her, she is a bit fiery when pushed.
My frame of mind currently is that I don't care how much I spend on lawyers to make him pay. I just cannot understand the mentality of someone like this. A conversation when my wife pushed him was along the lines of her telling him, I know how my husband rides and I know he put his signal on long before the turn. She asked him, is that true. He said yes, I saw it but didn't think he would turn!!
You tell me.
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Wow Freddy, glad you're OK.
As far as why they act like that it may be the attitude is you are at fault because you are in Thailand, if you stayed in your own country the accident wouldn't have happened.
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Thinking of you Freddy.
Regards
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Guys. Here is a story from yesterday. First thing to say is I'm OK, some major bruising but apart from that incredibly lucky.
I was on my Triumph on a main road stationary and indicating to turn right down a Soi. I have LED indicators so highly visible. I was waiting for an oncoming motorbike to pass before turning. The bike passed and as I commenced my turn a Toyota truck coming up behind me decides to overtake and wiped me and the bike out sending both 30m down the road. As I was flying I thought I was dead but amazingly no breaks no blood and up and walking within a minute. My bike weighs 250kg and slid 30m so gives you some indication of the speed he was traveling.
Bike very poorly and now in Triumph hospital.
So now the fun begins. The driver at first says it was his fault and he got it wrong. By the time the Police and Rescue arrived it was my fault, I shouldn't turn, why did I turn, didn't see me blah blah blah.
No insurance, not even No3.
Insurance agent arrived and recovery truck for my bike.
Police only spoke to the driver. Did not ask if I was OK, did not speak to me.
The driver whole family arrive and by this time my wife and my wife's friend were also present, along with my friend who I was riding with and witnessed what happened.
Off down the Police Station. Driver is fined 400baht for no insurance and then allowed to get back in truck and leave. However my insurance agent who inspected incident scene along with photos and what the Police could see regarding road marks, skid marks bike scrape marks etc resulted in the driver signing a report admitting liability.
I guess now the fun begins regarding settlement for repairs. I of course have A1 insurance however repairs should not be my or my insurance companies responsibility in this case and I shouldn't be in the position where I pay the excess or face an increased premium next year. But.......TIT.
The wife of the driver who was with him had the nerve to ask my wife, "what about our truck, who pay for that" I'm amazed my wife didn't Launch her, she is a bit fiery when pushed.
My frame of mind currently is that I don't care how much I spend on lawyers to make him pay. I just cannot understand the mentality of someone like this. A conversation when my wife pushed him was along the lines of her telling him, I know how my husband rides and I know he put his signal on long before the turn. She asked him, is that true. He said yes, I saw it but didn't think he would turn!!
You tell me.
Good to see you are OK, Freddy.
You won't need to spend anything on lawyers.
Your insurance company will pay for the damage to your bike.
They will then go after the driver, via a lawyer if needed, to re coup the money.
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Wow Freddy !
Reminds you about the Dangerous Thai Roads.
I agree with Starman on this the insurance company will deal with it.
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Glad you are ok Freddy. Always be on the lookout for others stupidity! As you describe even being the most conscious of your surroundings someone will do something utterly stupid. I nearly got knocked off a couple days ago, I?m in the left lane going forward at a main intersection in mid town when some idiot tries to overtake on right then veer left and make left turn. Of course no one behind. The move was just stupid. He got my attention and a one finger salute but I?m guessing he had no clue what he did was just reckless and stupid.
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Steve did you already give her the 15K? I had a crash not my fault property damage only last year or so. Fortunately the other vehicle was a company truck well insured. At the time rental reimbursement was not part of any policy. I had to negotiate long and hard to get only partial reimbursement. Now it is part of most good policies. Don?t feel guilty about what your insurance may need to pay out. That is what your premiums cover!
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DD. I'm confused mate, what 15k. I've given nothing??
Steve.. Sorry, I didn't fully explain. My insurance company are dealing and already have the repair costs from Triumph. The reason I may need to then get a lawyer is that I have done a lot of custom work on the bike and I will be seeking the difference between stock repair and like for like repair directly as that aspect won't be covered by the insurance.
Additionally if the insurance company are not fully successful on obtains all costs I may loose my deductible/excess (20k) which I will seek to recover.
It's not huge amounts but I feel strongly that if individuals choose not to buy insurance, think only of the,selves but have no regard for damage or injury they may cause to others then they should face a consequence when it all goes wrong.
Obviously at this stage I am holding off and leaving everything to be resolved between my insurance and Triumph, both of which seem to be very quickly on top of things.
I will assess my losses once that aspect is complete and then take it from there.
I am also assuming that my premium will increase next year if the insurance company don't achieve full recovery. By what percentage I have no idea.
I don't want to screw the guy into the floor but I'll be dammed if I will accept a financial loss because of his wrecklessness.
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Also guys.....Thankyou for the well wishes. I'm bruised and sore today but went out on my other bike and am up and active.
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Freddy, Steve said he offered 15K was just wondering if already paid in which case the police would possibly consider that case closed.
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Also regarding your last comment I agree completely! This guy needs to make things right by you!
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Glad to hear Freddy is ok, and up and running.
As others have said, leave it all to the Insurer. Whatever, they will pay you, and then do what is required to obtain any money available from the truck driver.
A 400baht fine for no insurance is crazy. What incentive is there to have it? 20,000baht fine and 6 months confiscation of vehicle might stop him and others from having no insurance.
I came to the conclusion some 30 years ago that anything with 2 wheels is dangerous and you are a sitting duck here in Thailand, and nothing has changed my mind since. Only 4 wheels for me. Even so, when contemplating a similar turn to Freddy in my car from a main road to a soi, with right turn blinker flashing, but stopped, waiting for oncoming traffic to clear, I always double check my mirror before turning.
Thailands roads are full of brainless idiots
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Freddy,
maybe put a Dash Cam on your Bike. Here is one (High Quality) special for Bikes
http://i.nvade.it/7NZ
here details from the Manufacturer: http://www.dod-tec.com/index.php/product/detail/81
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Riding a motorbike or Driving safely in Thailand is not like Riding/Driving how you would ( or have been taught ) in your Home Country .You must learning how the Thai Road users think and adjusting your Riding /Driving to suit the environment
In Thailand Right-side flashing indicator lights tell the vehicle behind that they may pass/overtake.Left-blinking lights indicate that it's not safe for them to pass/overtake, especially on a long straight main road's .
How often have you heard Ex pats say the Thais never use their indicators for turning !!!!
To most Ex-pats flashers/Indicators have more than one meaning......To indicate to others our intention to turn and to advise others what to do
If you notice most Thais on a Motorbike indicate Left ( or right ::) ) and pull over to the left and wait for the their way to be clear before turning right . Or on a quite road ( or even busy roads :wacko: ) they pull over to the right before the right turn ,drive along on the wrong side of the road until they get to the right turn they want to turn into .
If you sit stationary in the middle of the road with your right-hand indicator on then your a sitting duck for any Thai Driver to wipe you out as Thai Riders don't ride this way ( as a general rule ) !!!
Most Ex-pats think they are good drivers......but to be safe and a good driver/rider you need to adapt and not just expected that Thais should Drive like you do.
I remember when I went back to the UK about 9 years ago and I couldn't believe how fast everybody was driving .But it's fairly safe as most people have been taught drive the same way so people's driving is fairly predictably and there are fewer accident compared with Thailand.
Here in Thailand most people haven't had the same amount of training before they are allowed out on the road on their own ..... so accident happen more often. But by adjusting the way you ride/drive can make things a little bit safer.
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Riding a motorbike or Driving safely in Thailand is not like Riding/Driving how you would ( or have been taught ) in your Home Country .You must learning how the Thai Road users think and adjusting your Riding /Driving to suit the environment
In Thailand Right-side flashing indicator lights tell the vehicle behind that they may pass/overtake.Left-blinking lights indicate that it's not safe for them to pass/overtake, especially on a long straight main road's .
How often have you heard Ex pats say the Thais never use their indicators for turning !!!!
To most Ex-pats flashers/Indicators have more than one meaning......To indicate to others our intention to turn and to advise others what to do
If you notice most Thais on a Motorbike indicate Left ( or right ::) ) and pull over to the left and wait for the their way to be clear before turning right . Or on a quite road ( or even busy roads :wacko: ) they pull over to the right before the right turn ,drive along on the wrong side of the road until they get to the right turn they want to turn into .
If you sit stationary in the middle of the road with your right-hand indicator on then your a sitting duck for any Thai Driver to wipe you out as Thai Riders don't ride this way ( as a general rule ) !!!
Most Ex-pats think they are good drivers......but to be safe and a good driver/rider you need to adapt and not just expected that Thais should Drive like you do.
I remember when I went back to the UK about 9 years ago and I couldn't believe how fast everybody was driving .But it's fairly safe as most people have been taught drive the same way so people's driving is fairly predictably and there are fewer accident compared with Thailand.
Here in Thailand most people haven't had the same amount of training before they are allowed out on the road on their own ..... so accident happen more often. But by adjusting the way you ride/drive can make things a little bit safer.
Wise words Smithy. Some good points in there that we should all think on whilst driving over here.
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No comment other than most Thai drivers are fcuking idiots!
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They are even worse than you described.
Regards
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Freddy, Steve said he offered 15K was just wondering if already paid in which case the police would possibly consider that case closed.
Ahh, got ya Dave. Crossed wires. Nickname is Freddy but I am Steve also.
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Freddy,
maybe put a Dash Cam on your Bike. Here is one (High Quality) special for Bikes
http://i.nvade.it/7NZ
here details from the Manufacturer: http://www.dod-tec.com/index.php/product/detail/81
Thanks Mike,
I actually have a Go-Pro still boxed that I can get set up for my helmets.
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Just an update om my original post. The first time I went to discuss this matter at the police station the Police were clearly on the woman's side and I felt everything was stacked against me, her original claim went up to 25k, which the police indicated I had to pay. I refused this and the woman began to get angry and started shouting, with this I stood up and walked out, the police said I must come back but I continued walking waiting for a tap on the shoulder but it never came.
A week later a second meeting was set up but in the mean time I sought legal advice and armed with this I attended. As I sat down at this meet the policeman started to tell what I must do, I pointed out that he is only a mediator and should not be interfering just observing. I informed the lady that I had spoken with a lawyer and he had told me that if she wanted any money from me she has to take me to court but, as there was no injury and, that the insurance had paid out I have no obligation to pay her anything. She started to get angry again again but the policeman calmed her down, I offered he 12k for her loss of work and car hire and she refused. I told her the offer was on the table until I left the station and that every minute she refused the offer it would decrease by 1k. After four minutes of thought she said she would take the 12k, I told her it was now 8k and in another 15 seconds it would be 7k, she immediately accepted the 8k.
The woman appeared happy and more importantly had not lost face, for me it was a satisfactory end to a problem I caused.
The lawyer had told me that if there is no injury in a road accident you do not have to attend the police station or give the other driver/rider any money however, he did say it is maybe a good idea to go and see what is being claimed.
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Secosteve.
Interesting stuff. I also felt very much that the Police were pretty uninterested in anything that had happened to me or that I had to say. Things really only started going my way in terms of who was responsible once the insurance Agent became involved and from that point the driver quickly agreed to sign the report accepting responsibility.
I guess injuries are subjective. I took a few knocks, am black and blue in places and hobbling a bit but no breaks, dislocations so in that respect I considered myself unInjured. I also guess that in many countries armed with photos of my bruising I could obtain money/ compensation.
I'm genuinely not out to obtain anything more than not facing any financial loss as a result of his actions. What was very clear however is that he and his family who all thought it necessary to arrive at the scene and then the Police Station were frantically trying to find a way to aportion the blame to me and get some money out of it for him/themselves.
One family member, I think maybe the drivers Son who arrived at the accident scene started questioning my wife as to why my bike was so far down the road, with what seemed no comprehension of that being an indication of how hard i had been hit. He then proceeded to sit and glare at me both there and at the Police Station.
I understand the culture if not loosing face but do they not realize that they loose more face by making themselbes look so idiotic and stupid with some of their irrational lack of logic.
Anyway, I will climb off my soap box and keep my fingers crossed that the insurance company do their stuff effectively and I don't have to become directly involved.
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A few months back, a delivery truck side swiped my car. At the Buriram police station, the story I told was that the truck came over into my lane and struck my car. The story that the delivery driver told was that I came into his lane and caused the accident. The police decided that I was telling truth. The delivery company's insurance agent was called and later escorted me to a body shop and made arrangements to repair my car.