Do You Need a Lawyer if You’ve Been in a Motorcycle Accident in Thailand?

Thailand is notorious the world over for its high road accident and traffic collision rates, especially involving scooters and motorcycles. If you drive or are planning to drive in Thailand, understanding what to do in the event of a traffic accident is crucial in getting the support you need and holding those responsible to account. 

From seeking legal advice to ensuring you have insurance, several steps can help you avoid excessive costs and unnecessary complications, regardless of whether you were in a car, truck, or motorcycle crash. 

Continue reading for a step-by-step approach on what you should do if you find yourself in a collision while on the road, and if an auto accident attorney is required. 

What Should You Do if You’ve Been in a Motorcycle Accident in Thailand?

With proper preparation, you can prevent a bad situation from getting worse. If you are involved in a motorcycle accident or other kind of traffic collision in Thailand, you should do the following:

• Avoid leaving the scene until everything has been settled by the authorities. If you leave after the accident, you may forfeit the opportunity to file a claim or obtain an official police report. If you were at fault, you could be charged with a hit and run. 
• Request an ambulance immediately if you or someone else has been injured by dialing 1669. 
• Collect evidence of the crash for use when submitting a claim or getting insured. You may have to take photographs of the crashed vehicle, obtain contact and insurance details of the other driver, and more, depending on your insurance provider. 
• Contact your insurance provider and inform them of the accident. They will advise you on the next steps, especially if you plan to file a claim. 
• If the police are not present at your location, request them to arrive on the scene by dialing 1155. Even if no crime has been committed, a police record will be useful and may be required for insurance purposes.

Filing a Personal Injury Claim for a Motorcycle, Truck, or Car Accident in Thailand

According to section 437, which covers automobile accidents in the Thai Civil and Commercial Code (TCCC), the person responsible for the accident is held accountable for any injuries caused. If the accident is demonstrably the fault of another party, you can file a personal injury claim against them. 

When you file a personal injury claim in Thailand, you’re suing a person for causing the accident and any damage that occurred as a result. This is a type of civil case in Thailand where you can receive compensation, which can be used to cover any income lost, medical expenses you have to pay, or property damages. 

Under section 420 of the TCCC, you have the right to lodge this claim as long as the collision caused harm to your life, body, health, freedom, property, or rights. However, it’s also worth noting that the process is long and arduous, which is why the Thai court recommends settling the lawsuit using methods such as mediation to avoid a full trial. 

Pressing Charges Against the Person Responsible for a Car, Motorcycle, or Truck Accident in Thailand

If you believe the other driver to be violating traffic laws or to have been under the influence of controlled substances when the accident occurred, you can report them to the police and press charges. Unlike filing a personal injury claim, this will result in criminal charges against that person, which carry more dire consequences, such as imprisonment. 

A criminal case such as this can be filed alongside a personal injury claim, so you can bring the person to justice and receive compensation for the damages. While the public prosecutor usually takes the lead as the plaintiff, you can also ask to take over that role yourself.  

Do You Need an Auto Accident Attorney in Thailand After a Traffic Collision?

After getting involved in a motorcycle, truck, or car accident, you will need to hire a qualified Thai lawyer, depending on what you decide to do afterwards. A lawyer is a necessity if you need to:

• File a personal injury claim against a driver
• Protect your rights if a driver accuses you of causing the accident
• Negotiate with insurance companies for equal coverage

Without a qualified and bilingual lawyer by your side, you won’t be able to file the claim appropriately and will risk losing your case if it gets taken into court. Without proper legal support, you may also struggle to defend yourself if the other party files a claim or initiates legal action against you. Here’s how a Thai accident lawyer will assist you:

• Collect and review strong evidence to present to the Thai court, such as witness statements. 
• Explore a range of alternative dispute resolution tactics so you can resolve the case without it having to go through the Thai court system. 
• Represent you in court and provide a convincing argument to the judges with supporting evidence. 
• As all court proceedings are handled in Thai, your lawyer will manage all communication with the authorities on your behalf to ensure there are no misunderstandings. If you need to file a claim with your insurance company, your lawyer will also liaise with them. 
• Help you file an appeal with a superior court if you are not satisfied with your case’s outcome. 

Professional Assistance from a Qualified Car Accident Lawyer

If you’ve been in an auto accident in Thailand, consult an experienced Thai litigation lawyer at Siam Legal. As a full-service law firm that’s been assisting foreigners for over 20 years in Thailand with their legal needs, our car and truck accident attorneys have the skills and knowledge to help you resolve your situation as quickly and efficiently as possible. 

Contact Siam Legal today and book a consultation to get started. If you want to pursue legal action, we will help you prepare your case so that it has the highest chance of getting the results you need and the compensation you’re entitled to.

Category: Civil and Commercial Law