Crash involving two schoolgirls aged 16

[Ticketothemoon]

Advise needed please

This morning I was involved in a motorcycle accident on soi 84 road

My account of the accident:

Driving at a reasonable speed , I noticed two girls on a bike heading towards me at speed on my side of the road . I then tried to slow down, thus hoping they would notice to which they didn’t and I then shouted and they then saw the danger but still heading towards me , I then decided to swerve them onto the right which took me on the opposite side of the road they should have been travelling on.

They also after hearing me and seeing me decided at the last moment too swerve back to their side and we hit each other, at that time I had practically stopped on the other side of the road but they hadn’t and wham.

If it had been a full on impact on my side I’m sure one of them would have been seriously hurt.

After this the police came and because my bike was on the other side of the road, the police straight away put two and two together and got 5 . The ambulance came and took them away for scratches and never even asked me if I was ok.Which surely is unusual as I thought they would have seen the dollar sign tattooed on my head, the officers then took both bikes and my name

When I went to the police station their mother was stating that it was all my fault and I was overtaking a car , that’s why I was on their side. When my Thai friend insisted I wasn’t , the trouble started with threats of my visa and other things, such as court etc,, In the meantime I just told the truth.

I think their wanting me too pay them for their hospital bill which they didn’t need, a plaster would have sufficed and their bike.

I asked for the car driver present as their wasn’t one but got no reply.


Therefore advise please as I will probably need to see a lawyer and i will ask him relevant questions, but would like to hear experiences fromforum members if they have had similar incidents.Which i believe they would have after living here for a while now and seeing the school kids drive around with no fear!

What’s the legal limit in Thailand for riding a motorcycle.
Should I ask the police for their ID card and driving license
Will this go too court if their have no license.

Look forward too your advise.

Regards

[JimmyGreaves]

Not 100% certain about what would happen if you tried to fight this. Find out what they want and pay I would say.

You know the saying 'If you Mr Falang, did not come to our country, this would not have happened'

[Lung Per]

It is my experience that in a case like this you cannot win, regardless of the facts. Therefore it is in your best interest to seek an amicable settlement and pay up - and forget it ever happened.
Sorry, but that's the way it is.

[VincentD]

Should've stayed on your side of the road. (I know, I know...)

I assume your Thai friend was pillion so it is assumed will side with you (whether right or wrong). As to the police adding two and two to get five, unfortunately the accident *did* happen on *their* side of the road so even though the result may appear skewed, at least to you, it's quite clear to them. I also assume no other independent witnesses?

They'll probably get fined for not having a licence, but that will be a seperate event.

Re the accident, get your insurance to settle, hopefully you won't have to cough up too much, and chalk it down to experience.

This is why I drive a car, not a bike. I understand the convenience of riding a bike, but have seen one careful farang rider morph over the last six months into something worse than the local hellriders from the motorsai queue at the end of the road. I'm sure the police have seen similar behaviour. (Note that I'm in Bangkok, so aggression levels may not be the same. Still...)

I will be investing in a windscreen-mounted camera (cost is less that 2,000 baht) for just this reason. I think another motorcyclist (Ryder?) who used to be based in Hua Hin had one mounted on his bike.

[sargeant]

which took me on the opposite side of the road they should have been travelling on.

back to their side

After this the police came and because my bike was on the other side of the road, the police straight away put two and two together and got 5 .

I think those three facts are your dilemma and my advice would be same as the other posters

[moja]

We were hit from behind by a girl on a motorbike the police said it was 400% her fault for not looking but also 100% our fault as we were there!!! Both parties were fined 400 baht. My advice pay up and mark it down to experience and as everyone has said you were on their side of the road whatever the circumstances prior to the accident.

[Nereus]

I will be investing in a windscreen-mounted camera (cost is less that 2,000 baht) for just this reason. I think another motorcyclist (Ryder?) who used to be based in Hua Hin had one mounted on his bike.

Very good idea. I tried to buy one at the last motor show, but could not push my way to the front of the queue like the rest of them!
There are several different models with various features. Garmin also make one that you can play back on a GPS screen. Others just have an SD card that records the video for later playback.

[Spitfire]

The chances are that the girls didn't own the bike (mummy's or dad's), they have no license, no insurance, no tax, no nothing. This is probably worth bringing up and mentioning that you want to see them, as it might give some leverage in the negotiations about what you have to pay......a long shot but worth saying imo.

As said by others, you are in a no-win situation really so you'll probably have to pay something and just settle.

I hardly ride a bike anymore but always carry a camera in the glove box of my car so that if anything happens then I can calmly just get out and start snapping away before the cops even get there. The idea of a permanently running video camera on the dashboard of a car or on the bike is a great one for the price and I think cop cars in the west have them mounted as standard for just this reason.

[Takiap]

Sorry to say this, but you don't have a leg to stand on. To begin with, you're a Farang, and secondly, the Thais settle everything with money. It's just the way it is. Even if you were Thai, and the accident happened on your side of the road, it would more or less be expected of you to offer the two girls some money to at least cover their hospital visit. It's a sort of gentleman's agreement.


Having said that, I had an accident with a girl on a bike several years ago, and she too only had a few scratches. I on the other hand had a broken flip flop, and a very rattled 8 month pregnant wife. Of course it was my fault even though the girl pulled straight in front of me. My wife offered money, I said no because I need the money for new flip flops, and then I simply drove away.

I was lucky because there were no police involved, and even if they had shown up, I think they would have sided with my heavily pregnant wife rather than with two underage kids.


Anyway, my advice is the same as what others have said.........try to come to an arrangement, but also be firm or else they'll take you to the cleaners.

[Bernard]

Without taking this thread into a real Legal Eagle type discussion can I just say that I was always under the impression that in "any" motoring incident or accident the first rule was " never admit liability". If you offer money at the scene to try and settle the situation you are surely admitting liability and therefore "if" it later went to court...........you're stuffed.

[sargeant]

Spoke to Policeman neighbour last night
He said the point of impact is when/where the accident occured and that will be the criteria for it all

by your own admission when the impact occured you were on the wrong side of the road and travelling in the wrong direction

same advice settle

Spitfire while what you say may well be correct, in this case it is immaterial only the police can do anything about No tax or insurance and Who owns the bike is totally immaterial.
IMHO threatening them could in this case very well backfire.

[moja]

The girl who hit us had no tax, no insurance, no number plate, not her bike etc etc and it made not one bit of difference.

[alleykat]

Were they both on their mobiles or only one of them?
You should have just given them a clip around the ear, then ridden off quickly!

[Ticketothemoon]

Many thanks for your responses and noted.

I now realize if I hadn’t of been born, the accident wouldn’t have happened, so its obviously my fault. Sorry high on pain killers at the moment.

I’m having a meeting at the police station this afternoon and I’m possibly looking at them wanting an apologize and a payment for possibly saving their daughter’s life or a possible long time in hospital by swerving and practically stopping rather then just accelerating and hitting them full on.

I’m going to present them in Thai a letter informing them of what happened and how lucky their daughter was with just a scratch and that accidents do happen, therefore being a realist we go our separate ways and pay for own bikes and any hospital bills occurred for a plaster. Which they cant have gone to the hospital as they were at the police station in 10mins after getting in the ambulance and see if the parents can see sense or if they believe their daughter that this falung other took a ghost car and then hit them.

Whatever its going to cost me, but I’m going to have a go at minimal costs first and have my say.


Another day in paradise. win some lose some....

Thanks

[Lung Per]

Looking forward to hear about the outcome from your police meeting. Good Luck!