Too important to be overlooked / Legal protection

gus

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Mar 24, 2005
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Just to let you guys know your work is appreciated. I am definetly interested in joining a group policy. There should be enough of us in Thailand to make this worth some company taking it on.
 

DavidFL

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quote:

Originally posted by PICO-PICO

David, pls try to get a comprehensive and comprehensible answer in proper English. Not Thai language should govern whatever policy but English only.

I believe we as a group ought to represent an interesting target.

And pls dont forget the issue of legal protection.








Pico-Pico
Re language, my guess is that under Thai law the insurance contract must be in Thai, not English. If you want an English version then a certified legal translation needs to be done. Personally I dont think this is absolutely necessary, just as long as we get a clear explanation of what you do / don't get with the policy.

Yes we as a group could be an interesting target.

Ive got a positive preliminary reply already:

One of the hot topics at the moment relates to motorcycle accident / medical insurance"

That is an area where we shine the brightest. We are authorized agents for all of the health insurance companies in Thailand.

And, contrary to the popular myth, none exclude, or limit, treatment for motorcycle accidents - unless, of course, you are racing or riding on the back shooting at people.


Many of the riders are concerned about their level of coverage and would like better coverage

· accident insurance No problem.

· medical / health insurance No problem.

· 3rd party / comprehensive insurance No problem.

· travel insurance (Not sure - should be okay if not involved in a rally or competition - in that case we have to look for special needs insurance)
whilst riding their motorbikes.

As mature people they understand that many policies / companies have exclusions and limitations with motorcycles, but getting the right accurate information has been difficult.

Not true, if used for normal travel - if you create a potential for an accident, then you have a problem. But, this is true with or without motorcycles.

Many policies have a Personal Accident (PA) supplement to the policy (this allows health insurers to charge 4% less tax). PA coverage is not treatment coverage; it is Accidental Death and Dismemberment coverage. It pays a lump sum for loss of life or limb. In the past, many insurers either excluded coverage under this supplement or reduced it for accidents while riding a motorcycle.

Unfortunately, people tended to spot this limitation in the policy almost immediately and reacted to it, even though it had nothing to do with treatment..

This is most likely why most of the insurance companies (probably all) who had this bias against motorcycle riding in their PA coverage no longer limit coverage for motorcycle riding.


What are the limitations and /or exclusions for motorcyclists?

Just that they use good common sense and don't try to create an accident causing situation.

Could you provide any sort of discounted group policy for a specified number of people and their machines?

Possibly. But, we most definitely can provide a discounted group policy for health and accident insurance.

for motorcycle touring in & around Thailand / Laos / Cambodia / Malaysia.

Not sure about cross-border motorcycle coverage. BUT, if it's possible, we can do it

Now
Next step is to make a list of who wants what?
1. Max 3rd party / comprehensive
2. Accident
3. Travel
4. Health / Medical
5. Group health / accident
 

Rhodie

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Mar 5, 2006
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David
Count me in for spring 08.
Obviously it depends on the figures -
but it looks as though you are there.
Did they have a response to legal protection?
Thanks for making the effort.
 
Oct 17, 2006
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That is wonderful, David.

Some more brainstorming, as we are is no hurry to get the best possible deal =

I would not give up on the English that easily. Not only I would prefer the governing language in English but ideally the whole policy ought to be governed by a decent law and unquestionable legal system, such as New Zealand or Australian. Otherwise if the case is tricky you are again at the mercy of just one big unknown = the Thai system.
As you are talking to an agent, he can surely find out what is possible.

@ KEV =
it can do no harm , if you talk to New Zealand Insurance directly when you are back in NZ.

@ JohhnyE =
I strongly believe it is important to get one lawyer/ law firm to handle GTR cases, I am still after your ass kicking lawyer !
It does not help to get a lawyer assigned to your case who is obliged to the local police , the judge.
May I suggest you have a talk with your guy to get his views.

It ´s a detail but might be actually also an interesting marketing idea for an insurance comp. because I am convinced it has broader appeal than just the GTRiders =

THE GOLDEN LEGAL PROTECTION CARD

We want the best possible deal.

PICO
 
Oct 17, 2006
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TEST TEST TEST

to see if a reply come up under under part 2 on legal protection.
I guess I screwed up :))

Pico
 
Jun 21, 2006
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quote:

Originally posted by Davidfl

Originally posted by PICO-PICO

Now
Next step is to make a list of who wants what?
1. Max 3rd party / comprehensive
2. Accident
3. Travel
4. Health / Medical
5. Group health / accident







David I certainly would be interested, and especially in a business card we can flash authorities,to show name of a good lawyer, to do the negotiating for us. Only the other week, a good friend of mine here knocked a Thai family off their motorbike, 3 dead and the fourth in ICU.


 

cdrw

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Oct 6, 2006
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quote:

Originally posted by PICO-PICO

@ CDRW - would you mind talking to the Pattaya broker and asking him, if he knows of legal protection insurance .....







Pico-Pico...
Sorry, but I'm confused by your asking for 'legal protection insurance'.
I've never heard of legal protection _insurance_.

If you want a certain lawyer...or law firm to act in your behalf, whenever needed,....then you pay the individual or firm a _retainer_ and they will be your representative.
Otherwise, if you have _liability_ insurance, you are covered (up to the limit of the policy) for damages and medical costs to third parties. The insurance company will have an attorney whose job is to limit the payout of the company's funds to the third parties. Of course you may also want to have an attorney of your choosing to _also_ act in your behalf...via have him/her on a retainer.
 

cdrw

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Oct 6, 2006
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David...
I, too, would be interested in a group policy for bikers.....primarily personal medical and liability coverage. Of course cost will be a major consideration.

As I'm close to hitting 65 years, Thai-Sri Insurance has altered their policy and now won't insure anyone close to 65 or over. Though I've never made a claim, evidently many others have which caused their change of policy.

Prior to my recent jaunt to Ubon Ratachathani, I obtained motorcycle accident medical insurance...but the price was high, at nearly 10k-Bt/yr for only 100k-Bt medical coverage.
 
Oct 17, 2006
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A legal protection insurance , for the lack of a better word (Rechtsschutz Versicherung in German) is very common because it protects against (almost any) costs arising from legal disputes, it does not substitute third party claim insurance because e.g. as a pedestrian you cause accident, you put your rented house on fire.

My concern here in Thailand is that the

RISK OF BEING IN THE RIGHT but NOT GETTING YOUR LEGAL RIGHTS
is particularly high.

That is the purpose of a legal right insurance to cover the risk of bail, lawyers , court , specialists, etc. fees.
Assume 100.000 THB bail, ask yourself =
yes, you even got the money but do you have it liquid, really liquid at this very moment ??

Just think of the consequences of the accident that TropicalJohn mentioned =
bike accident , 3 people dead, one in ICU. That can easily happen to anyone of us, can it not ??
I cannot imagine the consequences, I dont want to, they are too unpredictable in any country , not only Thailand. But to have killed 3 possibly 4 people, their mistake or not, would keep my mind so occupied that I certainly would not want to have to worry about bail , legal fees, black mail, whatever.
And I doubt that all that is covered by a normal bike / car insurance. If so I want it in proper English and ideally not subject to Thai law.

Under such insurance you a free to chose your own lawyer. Speaking for myself, I have so far had no reason to get to know one. But if something happens in one hour , I want the best lawyer NOW. I dont want to start searching after the shit hit the fan.

Yes , a retainer for a superb layer may one way to go. If we act as a group, a group policy may stipulate xyz-BKK law firm as our legal representative, I bet they would be more than happy to issue the first Thai Plastic GOLDCard for legal protection.

Pico

If I had a slogan it would be = It can be done !
 
Oct 17, 2006
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one more thought =
Who says your health insurance company is really acting in your best interest, their job is to keep pay-outs as small as possible. Here again the legal protection insurance kicks in, in case of a legal dispute with your insurer you are covered for legalexpenses (provided your legal issue has merrits.)

Pico
 

pee

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Mar 10, 2006
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Hi,
Thanks guys for the effort you are doing... I am not really in a position to contribute in terms of research at this stage: being in Pakse under the rain at the moment.
However, I would be interested (of course depending on the figure)
Till next note, best regards
 
Feb 23, 2003
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Yep count me in too, price permitting. The last accident I had where a drunk Thai guy ran a red light,
had me in a Thai police station with the boys eying me like a fattened cow working out how much money
they could get from me. A dark side of Thailand most tourists never see.....
 
Oct 17, 2006
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May I suggest, David, we tackle this differently.
Any agent will get shinning eyes.

The agent should not ask What WE WANT , he and/or insurance companies should CONSULT what insurance is needed based on the cases that they see, cases which caused severe legal or expense problems for the insured person!!
We all want maximum coverage but cant afford it, so what is an acceptable risk / premium ratio ?

Take the example of Health insurance
What do we know how expensive a major injury/ sickness can be ?

mind you most accidents happen at home, falling of a innocent ladder - both hipps broken,head bumped...... how much in expected health cost ?
We should not look at biker accidents only.

What about long term illness, cancer, etc, what happens if the limit is used up under a Thai insurance, what happens then ? YOU ARE OUT ON THE STREET, not much social security here, right ?

Similar analysis is needed for third party, legal claims.

HERE IS MY SUGGESTION =

Get a group of 3 max. 4 people together who have some understanding of the issues and are willing to do the work.
I am happy to fly to wherever to sit down with the team / lawyers, insurance experts.

STEP ONE
COLLECT EXPERIENCES / input from people here on past insurance claims / problems.
A few have been mentioned here, a more detailed description of the nature of the problem may help.

STEP TWO
get consultancy from more than 1 insurance source on THEIR experience regarding
UNDER / OVER CoVERAGE

get consultancy from more then one lawyer

STEP THREE

solicit offers for a Group insurance.
Select the best deal based on premium plus applicable law

The end result can be very different from our wishes, as we go along and learn more.

Comments please

Pico
 

cdrw

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Oct 6, 2006
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Attn: David...and Pico-Pico

***David...I spoke with the local (farang) agency that has handled my insurance and they also created the ExPat Clubs Group policies.
Today I also learned from the owner...Peter Smith...that they also have a group policy and handle all the local Harley bike owners. Peter says he also does business in Chiang Mai...so I would suggest you contact him and maybe he can provide some alternatives to your existing quotes as well as possibly create a group insurance package for GT-Rider.
Peter can be contacted via e-mail at: [email [email protected]][email protected][/email]
or via mobile: 081-805-6717

***Pico-Pico...Peter, at the above agency, suggested "bail insurance". It's only 1700-Bt/year...and it's your 'get out of jail free' card.
Upon release you can then contact any lawyer you please for any needed defense. Maybe this is something like your were commenting on...??
 

cdrw

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Oct 6, 2006
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FWIW...Regarding the legality of a Thai or English contract, I found the following on another site, which seems to clarify the matter:

..."time and time and time and time and time and time again I read on [Thai-based] web-boards that if an agreement/contract is written in English then it is "non-binding". Let's put this chestnut to bed:

Section 14 of the Civil and Commercial Code
Whenever a document is executed in two versions, one in Thai and the other in another language, and there are discrepancies between the two versions, and it cannot be ascertained which version was intended to goven, the document in Thai shall govern.

IOW - a contract (agreement) written in English is legally binding [provided that is is not in violation of the law, in which case it will be nullified under Section 150 of the CCC]. However, if you have two different language versions of the agreement and the two versions differ, the Thai language version will prevail UNLESS it is stated in the agreement that the English language version prevails (the so-called, "Governing Language" provision).

HOWEVER, in the event that you wish to submit documents in a court case in Thailand [in a court of law], then under the provisions of the Civil Procedure Code, you are required to translate the material provision into Thai, if the document is in any language other than Thai.

When reflecting on this issue, people should keep in mind whether the likes of Citi, HSBC, Standard Chartered, BNP, Suez, Esso, BP, Royal Dutch Shell (and the list can go on and on) would agree to sign a legally binding contract if such was only enforceable/binding if it was in Thai."
 
Oct 17, 2006
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Good very news CDRW !!

1. I will talk to Peter later in the week.

2. "out of prison card = OOP" is step into right direction, ideally we should be able to get more in terms of legal coverage. It is helpful to know that the OOP exists.

3. On the English language. To know about the Civil Code stipulation is again helpful. But how does it work in practise ?
I have seen only contracts in such poor ENglish that there is no correlation whatsoever to the Thai contract. Even rent contracts, which ought to be standardized by now , are dismal. Insurance contracts are most of the time in a telegram style summary, again in dismal English, every single word is disputable.
Or have you seen differently ? I was never show a true translation of a contract.

The Citi HBSC Shells are rather save from extortion, too big too powerful with their powerful law firms on their side.

But Mr Johnny Farang? He is certainly 1000x more at risk of being extorted if there is a chance to screw him. Take 10 or 100 thousand THB

I see it as my job to point out risks, which risks can be eliminated we will see.

For me basis No 1 to start from is always to have contracts which everyone, with some explanations, can understand.

Pico
 
Oct 17, 2006
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Being more cautious after our talks here, I checked in detail my
third party liability insurance. ( against damages caused by me against third parties)

I have an insurance policy with seemingly international validity.
Upon closer scrutiny my insurance agent had to admit that there are so many loop holes, undefined subjects that he too recommends getting a local insurance.

Thought it might motivate you to also have a close look how well you are really covered , regardless of the type of policy.

Pico
 
Oct 17, 2006
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The problem with Peters policy for the expats club is that if you have any form of pre=existing condition such as Diabeties u are effectivly excluded as the insurance companies will only cover accidents as diabetes can be the cause of almost any ailment.
 
Oct 17, 2006
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Prison free card =

Got yesterday a most vivid description of a prison stay by someone wko was booked for 3 days =

8 people, 1 chair per inmate, 1 bed, 1 pee / shit hole.
1 liter of water per day. No talk about food.
The relatives of Thai inmates brought food, soap etc almost daily.
Most farng dont have such luck.

Pico
 
May 25, 2006
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HuaHin
Hi Friends,

Please count on me to join this insurance, but again be kind enough to describe it in simple and efficient words a poor Frenchie like me could easily understand.

I have sometimes difficulties to follow the nuances of English, and here that' s important to catch it all !

Thanks by advance and good luck for your search, Insurance isn't a English domain of excellence as well as Swiss ?

On an other hand, I think we could take advantage in checking the liability of our future partner (who is behind, which big insurance company re-insure them ? Are they paying the fees...such simple issues are improtant).
 

DavidFL

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SOME REPLIES
Interesting, after sending out numerous emails to insurance companies I got a few late replies

LMG INSURANCE:
“We do regret to inform you that we are unable to provide you the insurance cover as it does not fit our underwriting guideline.”

BUPA INSURANCE:
“We do provide health insurance and the costs of treatment resulting from a motorcycle accident are covered provided you are not drunk at the time. Applicants should be residents of Thailand or IndoChina. The benefits information is on our web site www.bupathailand.com
If you let me know which package you are interested in I will send you the prices together with further information. These products do have medical evacuation and repatriation but in this event you must be resident in Thailand. Also you are only covered if you are more than 150kms away from your place of residence at the time of the event. If someone wishes to be covered at their place of residence in Thailand or they live in Indo China they need to buy a separate package. We also provide travel health insurance up to 90 days for tourists in bound to Thailand and up to 180 days outbound. The evacuation and repatriation rule applies as above.
As part of our products we also provide personal accident cover. This is a lump sump payable in the event of death or dismemberment. For this benefit only, we will only pay 50% of the sum insured if the death or dismemberment results from a motorcycle accident.
We do not sell any motorcycle insurance or accident insurance on its own.
If you are still interested in the health insurance or if you would like me to put you in touch with a company selling motorcycle insurance please let me know.

ING INSURANCE:
“Please be informed you about ING Life Limited. ING LIFE LIMITED is outstanding in life insurance industry in Thailand and almost we provide only life coverage. I found that you want insurance coverage for expatriate motorcyclists in Thailand i.e. accident, medical/health, 3rd party / full comprehensive insurance and travel insurance. We can provide you only Group personal accident (GPA). For medical/health, we recommend you to contract with BUPA which is partnership of us and has experience in group health insurance in Thailand. Should you want to contact with BUPA, please let me know. I can coordinate them for you. For other coverages, you can find non life company.”

The best reply already is from the expat insurance broker whom I quoted with my post on 4th August.
Pico, no offence, but I don’t agree with you’re line of attack & feel that you like to put up hurdles for yourself & will probably only decide on what you don’t want or need.

Now to get a move on & get the whip cracking we need to know numbers & some specifics on exactly what “count me in” is for.
Then get two quotes for each: One quote for the max & a 2nd “medium” quote to suit those with a lower budget.
Then agree on what we want & make a commitment to follow through.

Please go to the new thread GT Rider insurance
http://board.gt-rider.com/topic.asp?TOP ... rms=xr650r
& indicate what you are interested in.
 

cdrw

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Oct 6, 2006
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quote:

Originally posted by Davidfl

SOME REPLIES - Interesting, after sending out numerous emails to insurance companies I got a few late replies .....







Have you tried to contact Peter Smith at AAInsurance yet?? (details in above post)
 

DavidFL

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quote:

Originally posted by cdrw

quote:

Originally posted by Davidfl

SOME REPLIES - Interesting, after sending out numerous emails to insurance companies I got a few late replies .....










Have you tried to contact Peter Smith at AAInsurance yet?? (details in above post)








Have sent one off to Peter as well.
Thanks for the tip.
 
Oct 17, 2006
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David quote
Pico, no offence, but I don’t agree with you’re line of attack & feel that you like to put up hurdles for yourself & will probably only decide on what you don’t want or need.
Unquote

Sure, I take no offence, David, and for sure no attack from my side. Not only me but everyone of us will decide on what he wants or not.

1. I am happy that the subject which I posted is getting attention, and if the result is some better protection for some of us, fine.

2. The work you are doing is being appreciated. It is certainly not your fault that ----- so far ----- the outcome is unsatisfactory.
I am being asked to decide what I need and at the same time I have no clue what exactly is the product I am supposed to pay money for. We have 6 options and no clear definition of what they mean.

I guess your agent must work a lot harder to earn his commission. His statement
...... That is an area where we shine the brightest.
shows to me he is talking to us like some school kids, there is no problem =
just tell me how much you want to pay and I tell you what you get.
Not very professional.

Why the rush suddenly??

I have no desire to impose myself on the group. G T R is your baby, no one will take it from you.
I just happen to know a bit about legal issues, insurances in the Western World. I had to share the info, everyone may take it or leave it.

I guess if you take on the task you will also see it as your responsibility to get the best possible deal for
the G T R group.
Legal risks definitions may be more important than the cheapest premium.

I would think the group needs to see much more substance. I would think the group needs prove that there is no better insurance cover available in Thailand.

Cheerfully
Yours Pico
 

DavidFL

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REPLY FROM AA INSURANCE

Thank you for your email. AA Insurance will be more than happy to work with your Group - as we have with many expat groups in Thailand already.

We understand the need for good insurance coverage especially with regards to motorcycles. In order to be able to help, we will need to know what coverage your members have at present and what level they wish to have. It would also be useful to know what types/sizes of motorcycles they have.

Attached are :
1 Quotation form for Motorcycle insurance
2 Example of basic 3rd class (party) insurance premiums
3 Information on Bail Bond - the application form and premiums - please note 200,000 Baht is usually sufficient, the premium being 1,720 Baht. Note, this is 'stand alone' bail Bond as all our motorcycle/motor policies carry a minimum of 200,000 Baht Bail Bond as
standard

Depending on numbers, we can obtain discounts for groups - normally minimum of 6.

We would also like to point out that we are full Brokers (very few "real" licensed Brokers in Thailand) and can offer your members insurance on all subjects - not just health and motorcycle !

COMMENT NOTE: In order to be able to help, we will need to know what coverage your members have at present and what level they wish to have. It would also be useful to know what types/sizes of motorcycles they have.