Legal liability driving in Thailand

Driving and riding in Hua Hin and Thailand, all topics on cars, pickups, bikes, boats, licenses, roads, and motoring in general.
DDD
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Legal liability driving in Thailand

Post by DDD »

In North America one buys “Liability Insurance” to keep from being sued for millions of dollars after a traffic accident. Seems like this would be even more important here, where you are guilty if you are a foreign driver, they may assign the baht owed based on your assets, and you may need to compensate the other driver for loss of income for them, their family, family’s parents and grandparents (not really exaggerating).
Brought this up in an expat gathering and no one seemed concerned. One guy’s Thai wife even wanted him to go after the other party for compensation. Still, no one connected this with legal liability…
Frequent traffic accidents, not to mention the driving I see frequently, scared me away from driving here. Also walking and Grab are way cheaper for me (in a close in area) than owning a car).
Over reacting?
Oh but to be wafted away
VincentD
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Re: Legal liability driving in Thailand

Post by VincentD »

The law is pretty fair here, and most fender benders are resolved fairly easily and long as you have a decent (1st party) insurance policy.
However, many people do drive without any coverage or licence and they are more than willing to back up and run you over again to make sure you've carked it as the cost of a funeral is far less than any protracted expense (as you've pointed out).
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Re: Legal liability driving in Thailand

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DDD wrote: Thu Jan 26, 2023 7:27 am In North America one buys “Liability Insurance” to keep from being sued for millions of dollars after a traffic accident. Seems like this would be even more important here, where you are guilty if you are a foreign driver, they may assign the baht owed based on your assets, and you may need to compensate the other driver for loss of income for them, their family, family’s parents and grandparents (not really exaggerating).
Brought this up in an expat gathering and no one seemed concerned. One guy’s Thai wife even wanted him to go after the other party for compensation. Still, no one connected this with legal liability…
Frequent traffic accidents, not to mention the driving I see frequently, scared me away from driving here. Also walking and Grab are way cheaper for me (in a close in area) than owning a car).
Over reacting?
Yes, over reacting to BS. As stated. laws are fair, and apply equally to all.
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Re: Legal liability driving in Thailand

Post by handdrummer »

KhunLA wrote: Thu Jan 26, 2023 10:35 am
DDD wrote: Thu Jan 26, 2023 7:27 am In North America one buys “Liability Insurance” to keep from being sued for millions of dollars after a traffic accident. Seems like this would be even more important here, where you are guilty if you are a foreign driver, they may assign the baht owed based on your assets, and you may need to compensate the other driver for loss of income for them, their family, family’s parents and grandparents (not really exaggerating).
Brought this up in an expat gathering and no one seemed concerned. One guy’s Thai wife even wanted him to go after the other party for compensation. Still, no one connected this with legal liability…
Frequent traffic accidents, not to mention the driving I see frequently, scared me away from driving here. Also walking and Grab are way cheaper for me (in a close in area) than owning a car).
Over reacting?
Yes, over reacting to BS. As stated. laws are fair, and apply equally to all.
The laws may be fair, but the application depends on the officer applying them.
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Re: Legal liability driving in Thailand

Post by 2/cb »

Laws are fair and apply equally to all?
I don’t live in HH but my pal did for 15yrs. He stopped driving after a drunk Thai teenager rode his scooter into the side of his car. Police told him that it was his fault, basically for being there and for being a foreigner. I’m a regular visitor and never drive in Thailand.
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KhunLA
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Re: Legal liability driving in Thailand

Post by KhunLA »

handdrummer wrote: Thu Jan 26, 2023 7:04 pm
KhunLA wrote: Thu Jan 26, 2023 10:35 am
DDD wrote: Thu Jan 26, 2023 7:27 am In North America one buys “Liability Insurance” to keep from being sued for millions of dollars after a traffic accident. Seems like this would be even more important here, where you are guilty if you are a foreign driver, they may assign the baht owed based on your assets, and you may need to compensate the other driver for loss of income for them, their family, family’s parents and grandparents (not really exaggerating).
Brought this up in an expat gathering and no one seemed concerned. One guy’s Thai wife even wanted him to go after the other party for compensation. Still, no one connected this with legal liability…
Frequent traffic accidents, not to mention the driving I see frequently, scared me away from driving here. Also walking and Grab are way cheaper for me (in a close in area) than owning a car).
Over reacting?
Yes, over reacting to BS. As stated. laws are fair, and apply equally to all.
The laws may be fair, but the application depends on the officer applying them.
That's the same in every country. Been subject to more injustice in USA than TH.
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Re: Legal liability driving in Thailand

Post by handdrummer »

KhunLA wrote: Thu Jan 26, 2023 10:27 pm
handdrummer wrote: Thu Jan 26, 2023 7:04 pm
KhunLA wrote: Thu Jan 26, 2023 10:35 am Yes, over reacting to BS. As stated. laws are fair, and apply equally to all.
The laws may be fair, but the application depends on the officer applying them.
That's the same in every country. Been subject to more injustice in USA than TH.
I'm sorry that you had those experiences.
I've never been harassed by the police and don't know how I'd respond. Hopefully with a "Yes Sir."
deptrai
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Re: Legal liability driving in Thailand

Post by deptrai »

I have the same concerns. I rented a car from Hertz at BKK last month and they didn't have an option to purchase liability insurance. Fortunately, I only almost killed someone twice.

I've searched for third party rental car liability insurance and can't find anyone that sells it. I want to rent another car this year, but am fearful of being sued for everything I own.
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Re: Legal liability driving in Thailand

Post by VincentD »

Deptrai, if you're not comfortable driving here, there are many other options available, like hiring a minivan for a specific trip or taking public transport which in Thailand is quite decent. By your own admission, you've "only almost killed someone twice" so find an alternative. Insurance can never take the place of considerate and safe driving. Those of us who do drive here do so out of necessity and typically live here so will understand the system and perhaps also the language for some.
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Re: Legal liability driving in Thailand

Post by HHTel »

AFAIK, there is no legal requirement for a learner driver on the road.
You can't drive without a licence. You can pass a stupid test at the DLT which will secure your licence without ever driving on a road.

I'm currently teaching my daughter to drive. I wonder how many road users here would recognise the significance of the 'L' plates on my car.
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Re: Legal liability driving in Thailand

Post by Dannie Boy »

HHTel wrote:AFAIK, there is no legal requirement for a learner driver on the road.
You can't drive without a licence. You can pass a stupid test at the DLT which will secure your licence without ever driving on a road.

I'm currently teaching my daughter to drive. I wonder how many road users here would recognise the significance of the 'L' plates on my car.
learner.jpg
I recognise it - I had one on my car over 54 years ago!!

But your post does highlight the stupidity of trying to learn to drive here legally!!


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Re: Legal liability driving in Thailand

Post by JohnD »

If you have full insurance here, the other driver and his vehicle should be fully covered by your full insurance policy (assuming accident is your fault).
I don’t see how the other driver (or his family) can reasonably claim beyond that. I don’t think they would get far in a court of law.

The worry is that if you hit say a pedestrian and then say drive into somebody’s house, then you are not covered by that same full insurance.
I think that is where the term “third party insurance” comes in. You need an insurance that is beyond the first and second party (i.e. you and the other driver), this additional insurance does not seem to be available in Thailand.
The worry is here (third party), not about the other driver and his associated claims. (Not sure what happens if he is at fault and he has no insurance – you get nothing?)
BTW, I don’t drive in Thailand (for some of reasons given above), and I don’t pretend to be an expert on insurance.
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Re: Legal liability driving in Thailand

Post by Dannie Boy »

That’s why it’s important to have fully comprehensive insurance here, even if the accident is not your fault, if you have comprehensive insurance, your damage will be covered by your insurance.
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Re: Legal liability driving in Thailand

Post by HHTel »

But your post does highlight the stupidity of trying to learn to drive here legally!!
And how could you learn to drive 'legally'. Even a driving school, after mastering the obstacle course, will take you on the road, still without a licence!!

If you look at the rules and regs in Malaysia, it's harder than in the UK. Thailand doesn't learn from neighbours.

A police friend once told me that to be able to drive a police 'highway' car, the driver is sent for a course in Malaysia. Until then it's a pick-up.
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Re: Legal liability driving in Thailand

Post by DDD »

Watching Malaysia comedians, they joke about the high accident rate there. Of the countries I’ve had licenses in (US, Germany, Thailand, Canada) Canada was the hardest road test. Germany had an inch thick driving manual and people frequently failed the written.

Walking, bicycling, being driven and not owning a car lets me skip buying, maintaining, refueling/recharging insuring, storing, parking, depreciation, selling, driving, tickets and of course paying for all that. Also dont have to get into a hot car that was parked in the sun. Grab brings me most places in HH for about 79 baht when needed.

Not to disparage those who still own cars, I still have a license and occasionally rent cars when needed. One last advantage is my relatives who were concerned we didnt own a car so they brought food over every week…
Oh but to be wafted away
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