Who will pay to repair my motorbike?

I recently was involved in an accident with a Thai man on a motorcycle on Chao Fa West Rd, not far from the PTT gas station.

Immediately after the accident, we stood by the side of the road and talked about it. The other party said that it was not his own motorcycle, that he had no driving license, no indicators and no money, but that he was really sorry.

Because he was injured, I agreed for him to go home to clean himself up. While he was gone, I waited for a policeman to come along; I could not call the police because I had no mobile phone. After about 30 minutes, as no police had arrived, I went back to my home in Chalong on my chopper and immediately returned in my pickup truck because my bike had a hole in the gas tank.

The motorcycle driver, who still had not had his injuries treated, returned with the owner of the motorcycle. We spoke a little, but because of our language differences it was not possible to make a deal, so I proposed that we go to Chalong Police Station. The guy agreed, but never came.

Today, for the fourth time, I went to the police station with my Thai wife and we tried to learn more about the other party in the incident. However, the police said that they cannot help me because they have too much work to do. I believe them because they showed me the daily log and since my accident there have been around seven more.

The police also said that they could not identify the owner of the other motorcycle because the phoneline of the provincial vehicle registration office was out of order. Fortunately, I had taken a photo of his license plate – I did so because I cannot read Thai.

My questions are: who will pay for repairs to my motorbike, and when can I go to Honda to have my motorbike repaired?

Richard Market, Chalong.

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1 Answer(s)

You can have your motorbike repaired immediately. It is best to take photos of the damaged parts before and after the repairs. However, you will have to pay for the repairs yourself and then file a civil case in court against the owner of the other motorbike. If you know who the driver was, you can also file for damages against him. This would involve hiring a lawyer to find out who the owner of the motorbike is and to file the case in court. You are entitled to file for damages for your actual expenses only.

Adisorn Chanta, Lawyer, International Law Office, Patong Beach.

Answered on January 10, 2007.
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