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Fatal RTA in Samui leads to dispute over who will pay for damage to a taxi


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Fatal RTA in Samui leads to dispute over who will pay for damage to a taxi

KOH SAMUI: -- On Saturday a Russian tourist was involved in a fatal accident with a local taxi driver. At around 2pm Martin Johannes drove into head on into the back a taxi at the front of Song Suzi near Paradise Chaweng fatally injuring himself.


This tragic accident has now caused much speculation on a Thai social media site as to who is to be held responsible for the damage to the taxi. The taxi driver was in no way to blame for the accident and the demise of the diver of the rented bike has left him considering if the owner of the rented bike should be held accountable for the damage. While such incidences are deeply regrettable it does highlight the ongoing problems associated with the lack of insurance provided with rental motorbikes and the dangers posed by the roads of Koh Samui for residents and visitors alike.

Concerned local residents have set up the Roads of Koh Samui Facebook page to try to highlight the problems faced by divers on the island, the majority of whom still elect not to wear protective clothing or helmets even if they are new to the island and have little or no experience of riding a motorbike.

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-- Samui Times 2015-01-28

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The taxi driver's rice bowl is broken. Someone MUST pay. But he is dead. Someone else MUST pay. Taxi drivers on Samui never lose out. It is in their job description. I am surprised that a farang walking past was not collared, blamed and forced to pay up.

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It's simple, the insurance on the rented scooter will cover it. If there's no insurance, the owner of the scooter pays. Insurance is (supposed to be) included when you rent any vehicle, if the owners don't bother to pay it, then they are responsible.

That, and enforce the rules of the road properly. Wear helmets, don't pass illegally, don't speed, don't park on the road illegally, no reckless driving, lights working properly, etc, etc, etc. That would probably also help a bunch. Especially if violations resulted in severe penalties.

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It's simple, the insurance on the rented scooter will cover it. If there's no insurance, the owner of the scooter pays. Insurance is (supposed to be) included when you rent any vehicle, if the owners don't bother to pay it, then they are responsible.

100% agree with this

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Taxi driver's insurance should probably pay out under the "uninsured motorist" clause. (But that's back in nanny-land)

Then they pursue reimbursement under a procedure called subrogation. That's right in their wheelhouse, and not the taxi drivers'.

The other question- not mentioned- is, "who pays for the wrecked scooter?"

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A falang was involved so of course he is to blame and has to pay for damage even tho he is dead - Next will be that some villagehead-nutjob ask thai-authorities to sue the dead Guys Family - Good luck with that BTW

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There are conflicting 'laws' here. It was explained to me a long time ago. Accident between -

bike and motorbike - motorbike pays

car and bike - car pays

lorry and car - lorry pays.

The reasoning being that the owner of the larger of the two has more money!

Hi-so hits anyone - anyone pays. Hi-so can buy freedom

foreigner hits anyone - foreigner pays as we all have more money than most Thais.

When a Thai truck ran into the back of my wife's car, she took the number and went to the police. They said - claim on insurance.

As many have said - insurance should pay. If the bike has the compulsary insurance - it will pay a max of 50,000 baht to the taxi. Meanwhile - the taxi driver should also pay something to the family of the dead guy. (But do not hold your breath.)

That's my understaing of life here anyway. In a traffic case that I was involved in at court - the judge's words were 'even if you are innocent - as a foreigner you have to pay something.'

Edited by Tropicalevo
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