Compensation

[raphoedon]

As I've mentioned previously on this forum, I sadly lost my Brother in early Dec. as a result of a m,bike crash in Chawang Beach - Samui.

We are now being asked to pay 16000bht for the damage to the bike to the hire company and also compensation for the family of the other guy (thai nationaL) who following a period in a coma also died.

I regret the Thai family loss but the police say it was an unfortunate accident and two Families suffered, so no claim there.

My brother paid 3000bht in advance for 1 months rental and met his end after 3 days. The bike has some front end damage but is in no way totalled.

Should we pay this mercinery bstd.

Your thoughts please.

[Nereus]

As I've mentioned previously on this forum, I sadly lost my Brother in early Dec. as a result of a m,bike crash in Chawang Beach - Samui.
We are now being asked to pay 16000bht for the damage to the bike to the hire company and also compensation for the family of the other guy (thai nationaL) who following a period in a coma also died.
I regret the Thai family loss but the police say it was an unfortunate accident and two Families suffered, so no claim there.
My brother paid 3000bht in advance for 1 months rental and met his end after 3 days. The bike has some front end damage but is in no way totalled.
Should we pay this mercinery bstd.
Your thoughts please.

This sort of rort absolutely sickens me. The hire company are running a business. If they do not require the customer to take out Insurance, then they are carrying the risk themselves.

But, in fact, it has nothing to do with business. It is the old story of Farang must pay, just because he is a Farang. Have they asked the family of the other party to pay?? As I understand it you do not live in Thailand, so why even bother to answer the mercenary bstds.

Very sorry about your loss, it must have been a distressing time for you.

[MrPlum]

Should we pay this mercinery bstd.

Your thoughts please.

Your question is emotionally charged so anyone with a different perspective may be reluctant to post or not be given a fair hearing.

You can't blame the company for trying to recover the cost. They had nothing to do with the accident and have now incurred damage to the bike and a loss of revenue. If you lent your car to someone who wrecked it after 3 days would you not ask them to pay for the damage? This is where you need to separate the loss of your brother from the messy details that typically follow. Having to deal with them, when you are still grieving, is difficult. I had to ask someone else to take care of this, when I suffered a similar death in my family and was grief-stricken. Perhaps you are still too close to be objective?

My bike cost me 45,000 baht. So how much does a new front end cost?

When your brother rented the bike did he sign any paperwork? Have any insurance? You could toss it back at the rental company and ask them to prove he is liable. This may be a legal dodge but is it morally right? I don't think losing someone gives the right to screw the rental company. Is that what you want to do?

If the Police report does not find fault, then how can the family come after you for compensation? Either it's an attempt to help a poor family (maybe the other guy was the only breadwinner) or someone is 'trying it on'. It's fairly standard in the poorer Asian countries and could be down to a cultural view that because falangs have money dripping from their ears, they almost have a moral obligation to pitch in and help out. Maybe something to do with Buddhism and 'merit'? I'm only guessing here. Perhaps other members can advise?

You can't blame the police or family for trying to obtain compensation. It doesn't mean you have to. If you are out of the country, you could just not respond. Since you are asking the question here, I take it that you want to do the right thing? (whatever that is).

The obvious question is, have you consulted a trustworthy lawyer?

It can take a long time to get over such a loss. I wish you well.

Without prejudice

MrP

[Farang]

 
As far as the accident or it's consequences are concerned, you, raphoedon, and all the rest of your family are not involved.
In no way are you party to any proceedings, nor should you pay anything to other party in accident nor to the mercenary renter.
In your stead I would not even talk to renter nor the family of the other deceased person.        Just walk away.

[Jim]

The obvious answer is that it has absolutely 100% nothinh whatsoever to do with you, so you should stick all correrspondence straight in the bin.

On the other hand, I have no knowledge of Thai law and dont know what the implications may be if you ever go to Thailand.

Deadful business all round. The very best of luck.

[Takiap]

OP

Firstly..........sorry for your loss.

Next............the front end of these bikes cost just about nothing to repair. I know this to be true as I've had to replace bits many times due to these wonderful dogs which own the roads. The fact is, as in any country, if you rent out bikes or cars, it's your responsibility to have insurance. While I know it's wrong to judge, the owners of the bike have more than likely already screwed many farang over in the past by charging them money for damage that was there before they even rented the bike. It happens all the time but I'm glad that I'm able to say it happens elsewhere as well. I had an English guy try his luck with me in the UK as well a few years back. In my opinion, either tell the rental company to get lost or simply ignore them.

As for the family of the other driver.............in Thailand it's expected that one helps out with money in the case of an accident if the other person suffered injury. In your case this would not apply so you have no obligation at all, legally or morally.

I once had a young girl drive into me and of course my wife offered to pay for her to see a doctor to get a band-aid on her knee. Having seen the farang, they immediately started playing up until I demanded we call the police. That put an end to it and they left. The truth is though, it also happens to Thais..................what a strange lot they are.

Anyway, it's up to you but my advice would be that you simply pay no attention to any of them.

S

[chelsea]

Raphoedon
Personally I think you should ignore all requests for payment, as you have said before that there was no blame attached to him for the accident.
The one thing that I would say to you is if by chance he paid by credit card, make sure his card has been canceled as they may try and charge whatever they want to his card.

You are not alone in having callous people trying to extract money from dead relatives families.
In NZ the other day two Aussies were killed trying to photograph a glacier and both the car hire company and hotel tried to recoup lost earnings from the dead boys families only a couple of days after it happened, and only backed down after public pressure.
http://www.thewest.com.au/aapstory.aspx ... ame=543774

[crazy88]

Very tragic scenario .One would think the rental company would show more compassion under the circumstances .

I feel I must point out that it makes no difference if you are a farang .Thai people who are considered at fault have to pay too .some rental places do try to overcharge as they think you will not know the real price or they are just greedy people .This does not apply to all

Crazy 88

[Khundon1975]

As I've mentioned previously on this forum, I sadly lost my Brother in early Dec. as a result of a m,bike crash in Chawang Beach - Samui.

We are now being asked to pay 16000bht for the damage to the bike to the hire company and also compensation for the family of the other guy (thai nationaL) who following a period in a coma also died.

I regret the Thai family loss but the police say it was an unfortunate accident and two Families suffered, so no claim there.

My brother paid 3000bht in advance for 1 months rental and met his end after 3 days. The bike has some front end damage but is in no way totalled.

Should we pay this mercinery bstd.

Your thoughts please.

Raphoedon
First may I offer my sympathy on the sad loss of your brother.

I feel that you are in no way are responsible for the rental companies loss, they should have insurance but sadly many hire companies do not.

As it was an accident and no blame was apportioned to your brother, then you are not liable for any costs.

Try to put it behind you. and use your time to come to terms with your sad loss.

Regards
Khundon.

[raphoedon]

tk u for all the kind words and advice, we feel a little less guilty now. The thing that still angers us is the insurance.
If I had a hire company would I let a farang give me 3000bht in advance for 30 days rental on a bike thats worth what, 20ktbht-50k-75kbht without insurance. Eh no!!!!!!!!!!!