Introduction
Thailand consistently ranks among the top countries worldwide for road fatalities, with motorcycles accounting for approximately 75% of all road deaths. For foreigners — whether riding a scooter in Phuket or involved in an accident as a pedestrian — understanding the legal process is critical. The moments after an accident can determine whether you receive fair compensation or face unexpected liability.
Immediately After an Accident
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Step 1: Ensure Safety
Move to a safe location if possible
Turn on hazard lights
Check yourself and others for injuries
Call 1669 (emergency medical services) immediately if anyone is injured#
Step 2: Call the Police
Call 191 (Royal Thai Police) or the Tourist Police at 1155
Police response time varies: 10-30 minutes in cities, potentially longer in rural areas
Do NOT leave the scene — leaving the scene of an accident is a criminal offense
Do NOT move vehicles until police arrive (unless blocking a dangerous road)#
Step 3: Document Everything
Photograph the accident scene from multiple angles
Photograph all vehicle damage
Photograph any injuries
Get the other driver's name, ID number, license plate, and phone number
Note witness names and contact information
Photograph the police officer's badge number and report number#
Step 4: Get Medical Treatment
Go to the nearest hospital, even for minor injuries
Request a medical certificate documenting all injuries
Keep ALL medical receipts — you will need them for insurance and legal claims
Request English-language medical reports if possibleDealing with the Police
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What to Expect
Police will prepare an accident report (called a "log")
Both parties give statements
If no agreement is reached, the case is forwarded to the local police station
You may be asked to negotiate compensation at the police station#
Important Rules
You have the right to an interpreter — request one if you do not speak Thai
Do NOT sign anything you do not understand
Do NOT admit fault at the scene
You can request a copy of the police report
If police pressure you to pay money at the scene, refuse and ask to go to the station#
The "Negotiation" at the Police Station
In Thailand, police often act as mediators rather than enforcers. They will typically:
1. Bring both parties together
2. Assess fault based on the evidence
3. Facilitate a financial settlement
4. If agreement is reached, both parties sign a settlement document
5. If no agreement, the case goes to the public prosecutor
Determining Fault
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Thai Traffic Law Basics
The driver who caused the accident is at fault
Foreigners are often presumed at fault — you must proactively demonstrate otherwise
Riding without a valid Thai license is a separate offense (fine THB 1,000-2,000) but does NOT automatically make you at fault for the accident
Not wearing a helmet is an offense but does NOT negate your right to compensation
CCTV footage is increasingly available — request that police check nearby cameras#
Common Fault Scenarios
Rear-end collision: Following driver almost always at fault
Left-turn across traffic: Turning driver at fault
Running a red light: Clear fault on the violator
U-turn accidents: U-turning driver typically at fault
Drunk driving: Severe criminal penalties and automatic civil liabilityInsurance Claims
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Compulsory Motor Insurance (Por Ror Bor)
All vehicles in Thailand must carry compulsory insurance (Por Ror Bor). This provides:
Death or permanent disability: Up to THB 500,000
Medical expenses: Up to THB 80,000
Temporary disability: THB 200/day (max 20 days)#
Voluntary Insurance (Classes 1-5)
If the at-fault driver has voluntary insurance:
Class 1: Comprehensive — covers both parties
Class 2: Third-party liability + theft
Class 3: Third-party liability only
Claims can be filed directly with the insurance company#
Filing an Insurance Claim
1. Obtain the police report
2. Get the at-fault driver's insurance policy number
3. Contact the insurance company within 24-48 hours
4. Submit: police report, medical certificates, receipts, photos
5. Insurance adjuster will assess and make an offer
6. You can negotiate or reject the offer
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Without Insurance
If the at-fault driver has no insurance (common with motorcycles):
You must pursue compensation through negotiation or civil court
The at-fault driver is personally liable
Consider hiring a lawyer for significant claims
Small claims court handles cases under THB 300,000Compensation You Can Claim
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Civil Damages
Medical expenses (past and future)
Lost income during recovery
Property damage (vehicle repair/replacement)
Pain and suffering
Permanent disability compensation
Loss of earning capacity#
Criminal Penalties for the At-Fault Driver
Reckless driving causing injury: Up to 2 years imprisonment and/or THB 4,000-20,000 fine
Reckless driving causing death: Up to 10 years imprisonment and/or fine
Drunk driving: Imprisonment up to 1 year and/or THB 10,000-20,000 fine
Hit and run: Additional criminal chargesCommon Traps for Foreigners
1. Signing a settlement at the scene — Never sign without understanding and considering
2.
Accepting the first offer — Insurance companies lowball initially
3.
Not having a valid Thai license — While it does not determine fault, it weakens your negotiating position
4.
Renting a motorbike without checking insurance — Many rental shops carry no insurance
5.
Not getting a medical certificate — Without documentation, your injury claims are severely weakened
6.
Assuming police will be fair — Police may favor Thai nationals; having documentation and a lawyer helps
7.
Paying "tea money" — Bribery is illegal; do not offer or accept bribes
Practical Recommendations
Always wear a helmet (full-face recommended)
Get a Thai driving license before riding
Purchase personal accident insurance before your trip
Save 191 (police), 1669 (ambulance), and 1155 (Tourist Police) in your phone
Consider a dashcam for your rental vehicle
Take photos of rental vehicles before riding — document pre-existing damage
Ensure rental motorbikes have valid insurance — ask to see the policy
Related Guides
[Insurance Law](/insurance-law)
[Getting a Thai Driving Licence](/blog/how-to-get-thai-driving-license)
[Reporting to Police](/blog/how-to-report-crime-thailand-foreigner)