Advice regarding traffic accident

[secosteve]

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.

[Starman]

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.

[urleft]

Check the incident here:   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. 

[Prakhonchai Nick]

Check the incident here:   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.

[Freddy]

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.

[urleft]

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. 

[Tassie]

Thinking of you Freddy.
Regards

[Starman]

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.

[iammike]

Wow Freddy !

Reminds you about the Dangerous Thai Roads.

I agree with Starman on this the insurance company will deal with it.

[DeputyDavid]

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.

[DeputyDavid]

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!

[Freddy]

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.

[Freddy]

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.

[DeputyDavid]

Freddy, Steve said he offered 15K was just wondering if already paid in which case the police would possibly consider that case closed.

[DeputyDavid]

Also regarding your last comment I agree completely!  This guy needs to make things right by you!