I see so many accidents it seems only a matter of time before I am involved in one. A 'sticky' post explaining to forum members what to do if they are either the victim, or the cause, of an accident in Thailand, would be helpful.
Any tips on who to call, what steps to take and what rescue services to use?
What To Do In Case Of A Road Traffic Accident
Re: What To Do In Case Of A Road Traffic Accident
Someone posed this question to a law firm recently; below is their question and the response from the law firm, I'm not sure if i can name the law firm on here ?
Maybe our sponsor Chavalit & partners can give their view ?
Question 1: I am concerned about what may happen in the case of being involved in a motor vehicle accident in Thailand. I have a Thai driver's licence and I drive my girlfriend's car from time to time. I consider myself a careful driver, I never drink when driving and have never had an accident. My girlfriend has 1st class insurance for her vehicle. She tells me that in the case of an accident, drivers can be fined, have to pay (a large amount of) compensation to an injured party or in an extreme case where, for example, someone is killed, the driver of a vehicle involved may even be sent to prison - even if it is clear that they are not at fault! We keep going back to a scenario where I am driving along a main highway and a motorbike pulls out from a side lane right in front of me. I would be unable to avoid it and there would be a terrible accident. Odds are that the motorcyclist would be killed. My girlfriend says that in such a situation I would go to jail, even though the accident was unavoidable and the other party entirely at fault! Is what she says true? If one is involved in an accident here, where you have a driver's licence, full insurance and are not at fault in any way, can you really be punished like this? Please do let me know because if that is the case I will never get behind the wheel of a vehicle here ever again!
Legal Advisers responds: Having a driver's license and a first class insurance does not waive the responsibilities for damage caused in car accidents, whether they are intentional or from negligence. There are 2 aspects in these cases, (civil and criminal). Your insurance will definitely handle the damages and may cover for injuries either in part or whole, depending on the insurance policy.
Should there be a motor vehicle accident which results in death you should immediately contact both the police and your insurance company. The representative from your insurance company will collect evidence to defend your case alongside police who will also collect evidence. The prosecutor will decide whether to proceed with charges based on evidence police collect.
If the police do decide to proceed with the case then you will be considered a suspect unless the prosecutor drops the charges or you prove your innocence. Depending on your insurance policy, your insurance company may provide bail so that you could appoint a legal representative to defend your case.
If the police charge you then you should also consider providing reasonable compensation to the family of the deceased. This would also help to smooth your case, so that they may decide to not proceed with the case. If you could show that it is from negligence; that you were not drunk and it was not a hit and run, that you have shown reasonable support to the family, and you do not have any criminal record, usually the judge may sentence you to 1 year, or 2 years or 3 years imprisonment or even issue a suspension of the sentencing and probation.
Maybe our sponsor Chavalit & partners can give their view ?
Question 1: I am concerned about what may happen in the case of being involved in a motor vehicle accident in Thailand. I have a Thai driver's licence and I drive my girlfriend's car from time to time. I consider myself a careful driver, I never drink when driving and have never had an accident. My girlfriend has 1st class insurance for her vehicle. She tells me that in the case of an accident, drivers can be fined, have to pay (a large amount of) compensation to an injured party or in an extreme case where, for example, someone is killed, the driver of a vehicle involved may even be sent to prison - even if it is clear that they are not at fault! We keep going back to a scenario where I am driving along a main highway and a motorbike pulls out from a side lane right in front of me. I would be unable to avoid it and there would be a terrible accident. Odds are that the motorcyclist would be killed. My girlfriend says that in such a situation I would go to jail, even though the accident was unavoidable and the other party entirely at fault! Is what she says true? If one is involved in an accident here, where you have a driver's licence, full insurance and are not at fault in any way, can you really be punished like this? Please do let me know because if that is the case I will never get behind the wheel of a vehicle here ever again!
Legal Advisers responds: Having a driver's license and a first class insurance does not waive the responsibilities for damage caused in car accidents, whether they are intentional or from negligence. There are 2 aspects in these cases, (civil and criminal). Your insurance will definitely handle the damages and may cover for injuries either in part or whole, depending on the insurance policy.
Should there be a motor vehicle accident which results in death you should immediately contact both the police and your insurance company. The representative from your insurance company will collect evidence to defend your case alongside police who will also collect evidence. The prosecutor will decide whether to proceed with charges based on evidence police collect.
If the police do decide to proceed with the case then you will be considered a suspect unless the prosecutor drops the charges or you prove your innocence. Depending on your insurance policy, your insurance company may provide bail so that you could appoint a legal representative to defend your case.
If the police charge you then you should also consider providing reasonable compensation to the family of the deceased. This would also help to smooth your case, so that they may decide to not proceed with the case. If you could show that it is from negligence; that you were not drunk and it was not a hit and run, that you have shown reasonable support to the family, and you do not have any criminal record, usually the judge may sentence you to 1 year, or 2 years or 3 years imprisonment or even issue a suspension of the sentencing and probation.
'If you didn't have a wasted youth you wasted your youth'
Man in pub circa 1987.
Man in pub circa 1987.
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Jack Sprat
- Member
- Posts: 86
- Joined: Fri Apr 09, 2010 6:28 pm
Re: What To Do In Case Of A Road Traffic Accident
It is possible to buy what are essentially small video cameras that record your journey whilst driving.(storage is on some sort of flash drive)
A friend of mine has one, and he always takes it with him while driving.
The devices attach to your windscreen much in the same way that a GPS device does....i.e. a suction cup holder.
The advantage of using these, is that any crazy/stupid manoeuvres made by another driver are captured on video that can be downloaded straight to your computer (via USB I think).
Whether these videos are allowed in a court of law as evidence is another matter and a question for law firm (Chavalit??).....I'm assuming that these devices were made for such an event???
I just spoke to him, and he told me that they have them in Tesco in Pranburi.....amongst the phone sales section somewhere....700 baht.
No doubt they will be somewhere in Market village too if Hua Hin is more convienient.
I keep forgetting to get one for myself.....thanks for reminding me!
You can attach it to a motorbike as well!
A friend of mine has one, and he always takes it with him while driving.
The devices attach to your windscreen much in the same way that a GPS device does....i.e. a suction cup holder.
The advantage of using these, is that any crazy/stupid manoeuvres made by another driver are captured on video that can be downloaded straight to your computer (via USB I think).
Whether these videos are allowed in a court of law as evidence is another matter and a question for law firm (Chavalit??).....I'm assuming that these devices were made for such an event???
I just spoke to him, and he told me that they have them in Tesco in Pranburi.....amongst the phone sales section somewhere....700 baht.
No doubt they will be somewhere in Market village too if Hua Hin is more convienient.
I keep forgetting to get one for myself.....thanks for reminding me!
You can attach it to a motorbike as well!
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JuiceLover
- Specialist
- Posts: 145
- Joined: Mon Mar 21, 2011 12:52 am
- Location: Mostly Stockholm otherwise Hua Hin
Re: What To Do In Case Of A Road Traffic Accident
Search the forum for "dashcam"
Re: What To Do In Case Of A Road Traffic Accident
The first call should be to your insurance company, then do not move the vehicle unless directed to by police and even then take photos with your phone or camera first. Do not admit to any fault or apoligize as that is the same as an admission of guilt. Let your insurance representative do all the talking for you and just dummy up until you are questioned in the presence of and instructed by your insurance agent or lawyer.
I've been hit twice, both from the rear, both times by a Thai. The first time my insurance company represented me at the Police station and even though I was not at fault, each person/insurance were ordered to pay their own damages. The second time a Thai teenager and his girlfriend hit me from behind on a motorbike. It was obvious (to my wife) that he was too young and probably didn't have insurance so she just gave him a good tongue lashing and we just paid for our own (minor) damages without calling either insurance or police.
I've been hit twice, both from the rear, both times by a Thai. The first time my insurance company represented me at the Police station and even though I was not at fault, each person/insurance were ordered to pay their own damages. The second time a Thai teenager and his girlfriend hit me from behind on a motorbike. It was obvious (to my wife) that he was too young and probably didn't have insurance so she just gave him a good tongue lashing and we just paid for our own (minor) damages without calling either insurance or police.
My brain is like an Internet browser; 12 tabs are open and 5 of them are not responding, there's a GIF playing in an endless loop,... and where is that annoying music coming from?
Re: What To Do In Case Of A Road Traffic Accident
Dashcam is a good idea and so is having a normal camera that you can just get out of the car and start taking pictures from all angles.....with a land mark or something that can show your location (maybe a store or identifiable building in the background), if possible.
Don't admit to anything and as said call your insurance company straight away, amazing how fast they can get somewhere when money is at stake.
With the cops, request to see the other person's drivers license, tax, insurance......just puts them on the back foot or boots the ball into their court, even if ultimately it is of limited help...shows you are not an idiot.
Show the insurance guy all the footage from dashcam and photo stills you took.
If the cops pressure you at the station to admit it was your fault as you have insurance and the other party doesn't and then both cars will be fixed, then say that you will admit it if the other guy gives to 10k baht cash now so that you can cover the increase in premiums.
There are other things that you can try too but ultimately you are probably going to end up paying something somewhere and if it looks like it's serious and that's what you have to do to 'draw a line' under the whole thing and make it go away then it might be worth just doing it...but as a last resort.
This area of law seems to be rather ambiguous, to say the least, with many differing stories abound as to what can happen.
If it were me and it all couldn't be easily sort at the scene (probably through my benevolence) then I'd employ some of the above to buy enough time, if needed, for the insurance guy to turn up and leave him to bat for my side whilst saying as little as possible myself.
It could also often be down to the type of cop that deals with it too.
Don't admit to anything and as said call your insurance company straight away, amazing how fast they can get somewhere when money is at stake.
With the cops, request to see the other person's drivers license, tax, insurance......just puts them on the back foot or boots the ball into their court, even if ultimately it is of limited help...shows you are not an idiot.
Show the insurance guy all the footage from dashcam and photo stills you took.
If the cops pressure you at the station to admit it was your fault as you have insurance and the other party doesn't and then both cars will be fixed, then say that you will admit it if the other guy gives to 10k baht cash now so that you can cover the increase in premiums.
There are other things that you can try too but ultimately you are probably going to end up paying something somewhere and if it looks like it's serious and that's what you have to do to 'draw a line' under the whole thing and make it go away then it might be worth just doing it...but as a last resort.
This area of law seems to be rather ambiguous, to say the least, with many differing stories abound as to what can happen.
If it were me and it all couldn't be easily sort at the scene (probably through my benevolence) then I'd employ some of the above to buy enough time, if needed, for the insurance guy to turn up and leave him to bat for my side whilst saying as little as possible myself.
It could also often be down to the type of cop that deals with it too.
Resolve dissolves in alcohol
Re: What To Do In Case Of A Road Traffic Accident
So you can go to prison even if you are not at fault?
I really like this forum because there are no personal attacks. All the members contribute in a positive way to my posts.
Re: What To Do In Case Of A Road Traffic Accident
TIT; anything can happen. Who is at fault is the determination of the police or a Thai judge if it goes that far. It's entirely up to them no matter what the circumstance.
My brain is like an Internet browser; 12 tabs are open and 5 of them are not responding, there's a GIF playing in an endless loop,... and where is that annoying music coming from?
Re: What To Do In Case Of A Road Traffic Accident
OK. I am lying on the ground injured after being knocked off my motorbike. My phone is still working. I prefer to go to Hua Hin hospital.
1. Which ambulance do I call? Number?
2. Which recovery service? Number?
3. Do I also call the Police? Number?
Might pay to have a card in your wallet, perhaps written in Thai, with contact numbers for wife/relatives + blood group.
1. Which ambulance do I call? Number?
2. Which recovery service? Number?
3. Do I also call the Police? Number?
Might pay to have a card in your wallet, perhaps written in Thai, with contact numbers for wife/relatives + blood group.
Re: What To Do In Case Of A Road Traffic Accident
1. 1669. This is a national number, but if dialled in Hua Hin is routed through to Hua Hin Hospital Emergency Medical Service.
2. Don't know. But your car may end up being towed to police station if there are injuries and police decide an investigation is required (happened to me in Bangkok).
3. Police emergency number is 191. 1155 for tourist police for any chance of English speaking officer.
4. Your insurance company.
If these are wrong I'd sure like to know before I need to use them.
Cheers.
2. Don't know. But your car may end up being towed to police station if there are injuries and police decide an investigation is required (happened to me in Bangkok).
3. Police emergency number is 191. 1155 for tourist police for any chance of English speaking officer.
4. Your insurance company.
If these are wrong I'd sure like to know before I need to use them.
Cheers.
Re: What To Do In Case Of A Road Traffic Accident
You will not go to jail that easy.
Example: You drive with a car and you have an accident with a motorbike and the driver of the motorbike dies.
What will happen:
1. The police will retrieve your driver license and your passport (so you can not leave the country).
2. The police will investigate the cause of the accident and who is at fault. In cases where the motorbike driver has died, nearly always you will get the blame. This means it will turn into a criminal act and officially the police must bring it to court (but...see below).
3. The insurance company will arrange the compensation for the family of the motorbike driver, this will be paid from the Third Party Bodily Injury or death coverage on your policy (check if this coverage is high enough!!).
4. If the family accepts the compensation amount from the insurance company and they accept that the police will not bring it to court, you will have the chance to pay the police so they can close the case at the police office.
5. If the family does not accept it or if they do want to go court, you have a problem.
It does hardly ever happen that it really comes to a court case because the family usually accepts the compensation of the insurance company. This might change if you behaved bad. It does not hurt to contact the family and show them your respect and apologies. It does not hurt to pay a (small) compensation for them from your own pockett to help them out while waiting for the insurance money. Don't upset the family with behavior that would also upset Europeans if something like this happened there.
If it does go to court, and it is the first time this happened to you, you will probably only get a small fine and you will not have to go to jail. If it is the second time that you have to go court for this, you might have a problem (and spend a year in jail).
Example: You drive with a car and you have an accident with a motorbike and the driver of the motorbike dies.
What will happen:
1. The police will retrieve your driver license and your passport (so you can not leave the country).
2. The police will investigate the cause of the accident and who is at fault. In cases where the motorbike driver has died, nearly always you will get the blame. This means it will turn into a criminal act and officially the police must bring it to court (but...see below).
3. The insurance company will arrange the compensation for the family of the motorbike driver, this will be paid from the Third Party Bodily Injury or death coverage on your policy (check if this coverage is high enough!!).
4. If the family accepts the compensation amount from the insurance company and they accept that the police will not bring it to court, you will have the chance to pay the police so they can close the case at the police office.
5. If the family does not accept it or if they do want to go court, you have a problem.
It does hardly ever happen that it really comes to a court case because the family usually accepts the compensation of the insurance company. This might change if you behaved bad. It does not hurt to contact the family and show them your respect and apologies. It does not hurt to pay a (small) compensation for them from your own pockett to help them out while waiting for the insurance money. Don't upset the family with behavior that would also upset Europeans if something like this happened there.
If it does go to court, and it is the first time this happened to you, you will probably only get a small fine and you will not have to go to jail. If it is the second time that you have to go court for this, you might have a problem (and spend a year in jail).