This article was written by Kritiya Kanthasate (LL.B.) for the Chiang Mai
Expats Club Newsletter.
1. Stop the vehicle
Stop your vehicle immediately, DO NOT move your vehicle no matter
how serious the accident may be. You have to wait until the police
come to the scene to draw position lines and collect evidence. When
an accident happens in a deserted area, in this case you have to
record the disputant’s vehicle brand, model type, license plate
number, color, and any mark on that vehicle;
then drive ( if possible ) to the nearest community to find the nearest
police station/box to notify the accident - because there were many
cases in which the vehicle owner was harmed or robbed by bad
2. Do not apologize nor accuse
If you are not sure who is right or who is wrong in the accident, your
apology can be an accusation against you by your disputant, and also
DO NOT accuse the disputant. Because you are not sure who’s at fault
in this accident, your
accusation will worsen the situation. Please do remember that you
don’t have authority to determine who is at fault, even though you
thought you are right but in fact you might not be.
3. Provide information
You have to give necessary information about you such as - your name,
address, your vehicle’s license plate number, and name/details of the
insurance company responsible for insuring your vehicle to your
disputant and/or the police.
4. Getting the information
After providing your information, you should ask for your disputant’s
information too. If the disputant does not provide the information, you
should write down or take some photograph of the disputant’s
appearance and vehicle license number. DO NOT seize the disputant’s
identification card (or passport), you can be charged with burglary.
5. Notify the police
You should notify an accident even if the accident is not
serious or the disputant admits his fault, because if the
disputant then notifies a charge against you, the police
officer might presume that you drove away and you will be
completely at fault.
If the police did not come to the scene, you should write
down a statement which describes the accident scene and
sign the statement with the disputant. DO NOT believe
if the disputant said you don’t have to notify to the police
because you will not have any proper evidence to prove if the
disputant refuses to pay any compensation for the accident
6. Looking for witness
You should look around to find any person nearby the scene
during the accident happened, and if that person agrees
to be your witness you should ask the name, address, and
telephone number of the witness.
7. Go to the hospital
If you are unsure whether you are injured, you should go
to the doctor to get an examination. And you can use the
doctor’s examination document as evidence to claim from
the disputant as well.
8. Do not compromise easily
After the accident, if the disputant admits the fault, and
you do not believe you would get compensation from the
disputant, DO NOT accept the compromise settlement from
the disputant because your injury/damage might take some
time to develop symptoms.
Additional compensation would be difficult if you settled
with the disputant easily, but you can make a compromise
settlement with the disputant if you did not have any injury
and the settlement is satisfactory.
At any rate, 70% of accidents come from carelessness, the
best way to avoid the accident is to be careful and be aware
at all times when driving a vehicle.
Article by By Kritiya Kanthasate (LL.B.)
|Do's & Don't If you have an Auto Accident
(What To Do If You have An Accident)
Don's Life In Thailand (Chiang Mai)