Understanding and dealing with a traffic accident in Thailand

KTMphil

KTMphil

Senior member
Joined
Jan 11, 2011
Location
Chiang Mai, Thailand
Bikes
2007 KTM 990 Adventure Suzuki DRZ 400
This may sound simple & you may think whoever can be proved to be wrong is to blame & has to pay, but in reality it doesn't really work that way in Thailand. You could end up getting yourself in a stressful situation for a few years and achieving nothing, with court appearances & appeals etc....


ambulance by Triangle Golden 007, on Flickr
 
Over the past few years. I've had 2 motorcycle friends hit U-turners that didn't check it was clear to U-turn. It's a huge problem in Thailand partly because they aren't used to having to judge the speed and distances of big bikes. One killed one of the U-turners, police agreed it was the U-turners fault, they didn't have money so no court proceedings were pursued. The second incident, a friend T-boned a U-turning car that didn't check it was clear. He brought legal proceedings and I think is paying him 20 Baht a month for the next 3,000 years.

Now this case is closed, I'll talk through what happens & try to explain how the Thai culture deals with this situation.


Riding along, on a dual carriageway, in traffic, so not excessively fast, a Honda wave comes sharply across the two dual carriageway at right angles trying to U-turn without looking. I did everything I could to go around her but she was too close and it was a nasty collision. The big bikes with its mass and inertia, knocked her flying, looking around afterwards I thought she was dead.

She was still breathing, lots of blood, so no one knew the extent of her injuries.



after by Triangle Golden 007, on Flickr


Ambulance and police came quickly


DSC_1110 by Triangle Golden 007, on Flickr


You can see the U-turn she was after in the photo below to the right - Her pink shoe right there still

DSC_1107 by Triangle Golden 007, on Flickr



Medics were very efficient and had her at a nearby hospital very quickly


stretcher by Triangle Golden 007, on Flickr




Police marked up the area and photographed everything. Make sure you take your own photo's in case they try and skew the situation, not show the U-turn area etc....

DSC_1114 by Triangle Golden 007, on Flickr



DSC_1113 by Triangle Golden 007, on Flickr
 
The first thing that will happen is that you will be escorted to the local police station, to give all your details and make a statement. You being a foreigner on a big bike hurting Thai people, even if they are in the wrong, will have you in a bad light in their eyes already. Highly advisable to call a lawyer or a Thai government friend for advise at this point & get someone who can translate to be with you. Obviously don't admit to anything, including speeding or being in the right hand lane of a dual carriageway which is illegal for motorcycles

The police officer will as you to draw a picture of what happened. I did this showing I went into the right hand land to try and avoid her, he then tried to say, you are not allowed in the right hand lane, I said only to avoid an accident.

They normally will lock your motorcycle at the police station, until the matter has come to some kind of resolution, don't be alarmed by this. If one party in the accident is hospital, there will normally be a "legal" pause until that party has recovered enough to go home.


The way Thai culture works, if there is an accident, no matter who's fault it is, whoever is in the worst situation, if that person is helped by the better off party, it will be highly noted as things progress. The lady we hit had no money and two young children. Both my lawyer and some high ranking Thai police friends said give some money to help, it will go a long way if things go to court. It isn't and admission of guilt under Thai culture or legal law, which would seem strange to many westerners.


help by Triangle Golden 007, on Flickr
 
Once any of the injured parties have left hospital and are home, the police will want to get this case progressing and closed. Usually a meeting at the police station with all parties is arranged and a discussion about what will happen.

The Thai party involved will always try and get money from the foreigner. In this case they admitted guilt to the police in the meeting and still wanted money with the police agreeing which dumbfounded me, this is what we dont understand about Thai culture. Its looking at both parties and deciding what is equitable no matter who's fault it was.


I could have taken this lady to court and won, but she had no money or assets so a waste of time. The best way was to give her a small amount of money, she signs the accident case as her fault & everything is finished.


So thats how it ends, she signs admittance of guilt and pays a 400 Baht fine to the police and its all over.


She cant even write, here signing the statement with her thumb print.


IMG_0612.JPG by Triangle Golden 007, on Flickr
 
Wow, scary. When did this happen to you Phil?

Sent from my Moto G (4) using Tapatalk
 
Wow I thought you were talking hypothetical to start with then realised all the pictures / was a real event that happened to you. Glad you got it sorted, another string to your advisory bow :-)

Sent from my Moto G (4) using Tapatalk
 
I have to agree with KTMPhil as I had an accident when I first moved to Thailand when a motorbike ran a stop sign and I hit him with my car. Luckily there was no broken bones just some bruising. Spent 6 hours at the police station. Good thing I had good insurance as the insurance rep came to the police station and did most of the translations. Too make a long story short, he had no money so I paid his 400 baht fine and gave him 500 baht because he would probably miss a few days work. His scooter was so old we could not tell the new damage from the old damage.
 
In 2004 i had a excident with a Thai guy that end up that we both sign that we pay both our own damage on bike and Hospital and don't want anything from the other party .( my proposal at the policestation)
The Thai family was not Happy , they want money but Police and Insurance talk to them and make them clear they had no change in court.

The Guy came out from a side road on the left 10 m in front of me at 2 am cutting the corner without stopping , lights , insurance , tax , helmet or driving licence . But with , if the Hospital check correct 3.8 Promille coming from a beach party and was known as someone a little dingdong .. But no money , about 20 of his friends put money on the hospital table to pay for the fixing of his broken leg and a lot of bruises .

My test (twice ) came back 0.0 Promille , i had driving licence tax and helmet and some Thai Witnesses that spoke for me . I had a broken Colorbone and finger against his broken leg .
Case was clear and i guess the police want to close it quickly so everything was signed that night and i could get my bike a few days later .

Unfortunately it cost me much more money then the thai guy depend i could not work for 5 month , miss two Projekts mostly depend on the Thai Doctors at Bangkok Phuket Hospital .
They don't find the broken finger in my Hand at first and for the Colorbone i get only a sling and the promise it will heal .
After 3 Month sitting in front of the TV doing nothing and the Thai doctor tell me the colorbone is o.k. now but i still could not use my Arm i get via a Friend in Contact with a German doctor (he is Approved in Thailand) and as i find out later on other excidends very good , his diagnose at a Bar .
Colorbone still broken , need OP and the next day he had me under his knife . Put a Steelplate and 9 bolts in the Debris break and 2 month later i was fine . Steel still inside never any Problem .
 
Interesting! I was just looking for a good Los Angeles DUI attorney, as my uncle is just caught for drunk driving. I am helping him because he drove back from party because of me. I slipped from stairs and he had to rush back. I hope I am able to do that.
 
You must log in or register to reply here.
Back
Top Bottom