In a matter of - Car Accident compensation, - don't be fooled - badly treated - and - do not accept unfair Settlement - offers

             If anything doesn't go to plan, - get professional support.             RAMLA may just be the right service

Caught up in a car accident

in South Africa, may force a party to claim damages from the wrongdoer,

or may lead to the need to defend against inflated or unrealistic claims.

RAMLA - Road Accident Management & Legal Action

Car accident lawyers and professional claim managers, enforcing traffic collision damages, effective, decisive but affordable.

Caught up in a traffic collision were motor cars/vehicles been involved, most of the time material damage or damage to property such as cars or other amenities, will come along with the impact.

An impact causes damages and compensation for repairs is automatically at stake.





RAMLA do concentrate on material or financial damage compensation claims, to get you be paid from the wrongdoer and/or liable party, in an accident scenario.

Such compensation claim can be one directly targeted against a wrongdoer in person, or dealing with representatives such as Lawyers or Motor Insurance Company claim deciders as a 3rd party claim.

Any claim needs to be funded on evidence and factual arguments supported by proof.

Proofing a claim is often easier said as done, as proof comes - in almost all cases - from the circumstances of the accident and evidence need attention right at the scene of impact.

Given if it is missed to secure evidence at the scene and its been not thoroughly attended to, it is time to do it now and act to secure all facts possible.

It is certainly not impossible to get such evidence, even in time after the accident, but it can be more difficult.

It may happen that potential witnesses left without identification, debris be cleared, faulty traffic lights be repaired, or CCTV footage deleted.

Pictures from the scene, document vehicle positions - damages etc., can only be taken, if and when cars still be in its places, which - once available - will have significant value in proofing facts and help reconstruct the impact or scenario.







As much important evidence is in itself, it is evenly relevant to know how to use it.

The ultimate goal is to be compensated for losses.

Experience is needed to be knowledgably and competently in order to address a claim and achieve a fair compensation pay.





Once a claim formulated, documented and served, still the reaction of other parties needs to be waited for and the content thereof to be analysed.

Results will define actions as what steps will or need to be taken next.





As a claim is formulated and supplied, it is to no certainty that reporting a fair claim, even if it is well documented, must lead the other party agree and accept and certainly pay the damages claimed.

Disputes can arise about the way all unfolded, the question of liability can be seen from different points of view, damage value or Quantum be under dispute and many more aspects of disputes can be raised, too much to get to in this column.





Another weak point can be a lack in knowledge how to handle a compensation claim.

People only looking for some advice only a while or even after a longer period of time, past the actual accident, and visit Web Pages such as this one you browse now - often late, and in the meantime doing all they can to address a compensation action to his/her own knowledge.



Many try to act on what may be at hand and they find and regard themselves to be fit for it.

This may work for a number of cases, as matters are clear and facts at hand are strong in its evidential role and the opponent or defendant do not argue unfair.

However it would be too optimistic to believe it is the normality. It is not, as it is almost the opposite, as many cases end up unsatisfactory.





Results or settlement offers may be incorrect in adjustment of liability, often named as contribution to the accident, by not adhere to all the duties, citing perhaps unreasonable precedents and/or allege and apply apportionment.

That may lead to significant losses, shortfalls or complete denial/repudiation of a claim.

Not any layman may be qualified to see through all of that and know if all what one faces in terms of reaction or settlement offers, will be fair and correct.

We do believe it is worth taking time and effort to check out on any doubt, before accepting any proposal.





Sometimes bodily injuries occur in a vehicle collision inflicting harm and pain to humans.

Even bodily injuries do have in some way a financial component and a victim need to be compensated in order to cope with recovery and subsequent costs etc.

However - we the author of this Web Platform - RAMLA - do not deal with bodily injuries claims.

Many specialised lawyers offer its services to solve matters pertaining a RAF (Road Accident Fund,) - bodily injury compensation claim, but the South African Government recommend a victim to first check and find out if one can claim without any specialist, in order not to spend a large portion of compensation on Lawyers fees.

We are specialised expert's in all respects to motor car accident damage compensation

claiming damages, defending against unreasonable or inflated claims, working in Motor Insurance disputes, in all those subjects over a long period of almost 15 years.

We attended thousands of requests, analysing, supporting and pursue material car accident claims, expertly, effective, economical and affordable.

Such excellent service can be to your service Nationwide, in South Africa.

Road Accident Management & Legal Action (RAMLA) can professionally represent clients, taking care of their interests, which can be the solution you may look for.

You will find a lot more of useful information on the RAMLA web pages.

Check out for keyword links in the left column to select your topic.

Initially important is, to know the definition of what we have to understand, is full and fair motor accident damage compensation.

But even before doing so, we have to clarify that the South African System of motor car accident compensation, is split into the sector of bodily injuries, which deals with compensation actions regarding injuries to the human body and material damages, such as compensation for car destruction or consequential damages.

The RAMLA web pages, you are browsing currently, only focus on material damage compensation and civil claim actions to be financial/material losses paid for full and fair, resulting from traffic accidents.







In terms of compensation, the South African law say:

You should materially be compensated to the state before accident, so that you will be able to repair your car to pre-collision status, or if repair cost will exceed such pre-collision or market value; and the car be called a write off, be compensated to the amount of money the car been worth to time of impact, minus any sellable value or Salvage of the vehicle.





That means either you cannot expect a new car (some exemptions excluded here i.e. if your motor vehicle new, not older than a year since being on the road the first time, or depreciation kick in, if your car is fairly used and the marks of wear and tear, impacting your auto value to a specific time.

But even an older motor car must be repaired to manufacturer's standards to maintain the roadworthy status, as long as it will not be a write off.

Motor car accident damage claims may get into difficulties, once another party do not agree with what is claimed for.

Differences may be to condition of Quantum/Repair costs or of Liability.

Disputes must be addressed and corroborated by factual evidence, such as witness statements or pictures, CCTV footage or any other suitable evidence.

A successful claim should be supported by merits, so the other party do not have much to argue, but compelled to accept the claim demand and pay.

A claim launched with your own motor insurance company (comprehensive claim), will have to look on what you have covered under your policy, before any acceptance can be decided upon.

Depending on the cover taken, it can be the insured did accept some contribution, such as excess and the claim process need to be according to terms & conditions of the insurance contract.

A 3rd party claim, directed to the perpetrator however, must give you full compensation and no clauses, as insurance excess or any limitations in a insurance policy apply. Only the law of delict will be applicable to decide liability.

Any claim for car accident damage compensation can go wrong, be disputed or even declined.



As soon as in the process of a claim pursuit any disturbance or unusual investigation requests are noticed, it will be highly advisable to check critically, if your own knowledge and skill is sufficient to perform a vehicle crash compensation action your own, or if you should consider practical support by professionals.

A claim for compensation against another car driver or vehicle owner is a process and cannot be explained in a sentence.

There is a lot about the way to claim and about dispute issues or problems, that can occur in a particular and always individual case, on our comprehensive WEB info platform.

However, as it is often the case, individual problems need individual answers and/or actions.

You are invited to contact RAMLA for a free initial case analyse and advice, by contact us by email ramla@ramla.co.za tell us what happened and the problems you face or expect, for a free reply and advice.

Should you do not like contacting us now, but need more information, check the keyword list to select your issue and find more on the linked page.

Defending against inflated claims isn't as challenging as perhaps thought.

Defence against unrealistic, unjustified or inflated claims is a need to do, if alleged to be held liable for car accident damages, which do not fall in your responsibilities.

It is always an inconvenient situation when defensive actions are needed, as to alleged of wrongdoing, which isn't true or fair.

However any person unfairly accused of wrongdoing and causing damages to another in a motor car collision, must enter into defence, not to risk to be sued and end up innocently be judged against one and subsequently face execution, against all of your property.

It should be noted that a claim against a person, is only dangerous, if not defended properly.

Defensive actions mean, deny a claim and its accusation, simple and clear and request proof of facts and merits.

Only if such evidential facts indeed be supplied and its content suest not to allow challenging the accusation, it will be advisable to look for a compromise or settlement agreement.

It must be known, that a person sue another in a Court of Law, must proof that the allegations are true and fair on a balance of probabilities.

Should such a proof cannot be shown, a case is lost and dismissed with costs and the Defendant is released from any liability or compensation payment.

In order to avoid unnecessary risk and hassle, it is highly recommended to utilise professional support to rebut unfair allegations, not to lose out on reasons of lack of knowledge, how to act against such allegations.

	RAMLA is a specialised expert in all MVA matters, claims, disputes (3rd party / comprehensive Insurance cover) and defensive actions against unreasonable or inflated claims, professional - affordable.    Contact RAMLA for your support to have a damage claim paid or defenced.      Contact

Motor Vehicle Accident We offer the solution in Car Accident matters, analysing, supporting, demanding, corresponding, negotiating, settlement agreements and further taking matters to a court of law in South Africa, if no amicable solution could be found, in pre-litigation, to best favourable conditions in a professional and decisive routine. Facing challenges with motor car accident issues in South Africa? RAMLA will be the solution, demanding compensation, resolving disputes, defending against inflated or unreasonable claims, in all sectors of vehicle accident damage compensation problems.

Motor vehicle accidents happens every day on public roads, often causing damages to property Utilise the affordable professional solutions RAMLA offers clients in South Africa, to solve such repercussions. Proof your case for damage compensation         We do have the expertise and know how to act for you. Experience exceptional service, testified by clients, even after hours or weekends, giving you a peace of mind your case is taken care off, no matter what.

Your specialised legal expert to sort out MVA matters                   Professional - competent - swift - decisive and affordable		RAMLA   -  Road Accident Management & Legal Action Solution's solving MVA problems

Proofing a claim can be done either by admission or acknowledgement of Liability, or in absence of such admission, by hard facts, such as pictures, measurements, CCTV footage and best corroborated by witness testimony, all laid out in documents demanding compensation.

Admission of liability for the causation of the car accident - Acknowledgement or Evidence proving legal responsibility

A claim or legal action to hold another liable, to pay for motor car accident damages, is an individual process and can't be explained in a sentence.

All car accident compensation claims must start with the Question of Liability or Causation and calculation of damages to property or vehicle.

Liability can be either acknowledged and properly documented or found by analysing facts.

Calculation of damages, can be done by either a repair expert calculate and supply a repair Quotation, or throughout a professional damage Assessment and report.

However the start will always be check and analyse the evidence at hand, have the vehicle damages properly assessed and draft and serve a LOD (letter of demand).

All comes next, will be dependent on reaction and tailored to the particular matter and reaction.

However a car accident damage compensation claim is a formal, but individual process and it needs some experience to deal with reluctant parties/culprits or motor insurance company.

RAMLA do have such vast experience and can help clients to be compensated fair and to the best.

The first priority should be, solving a compensation action in pre-litigation, which will avoiding the long term and costly way, approaching a court of law.

RAMLA strives with its experience to do just that and work hard to prepare a claim well, formulate the right arguments or reject false or unreasonable claims.

	Below please find information, as to your question in your web search for a solution in terms of MVA matters. We provide you with some answers, just click to the linked questions below. When you are involved in a car accident in RSA Breach of Traffic Legislation and consequences in RSA Acknowledgment of Liability or factual evidence of liability          Cooperation of other parties involved in car accidents          Clinch an Excess deal will be a mistake Getting your fair share of compensation influenced by the      determination of liability, negligence and causation Determination of liability - Damage analyses - Demand      are the compensation components of pre-litigation actions Common Motor Car Accident Scenarios    Front or Rear accident impact causing damages    A car driver skipped a red robot or stop sign, hit a car causing damages    Vehicle hit my car from behind and damaged the rear of the car    Another vehicle hit my car from behind and damaged the rear of the car        at high speed that impact been so heavy that my car has been pushed        onto the one in front standing waiting for the robot to become green.    I made a right turn another car came at high speed and bumped into        my left side caused a lot of damage.    Roundabout desined to slow down traffic Drunken driver speeded, skipped a red robot and hit my car head on. Driver lost control swerved, veer off the road with lot of damage Company vehicle driven negligent into my car, how to claim damages Unsatisfying, unacceptable motor insurance compensation offer, as to     apportioning liability and damage, or other reasons Headlines and Issues on this page Contact RAMLA for a free fact check and advice

and want pursuing a successful car accident damage compensation claim, take the time to research carefully, as the preparation suing somebody paying compensation, is essential.

As to your query in your internet "Google" or search for a solution, you ended up to come to the RAMLA motor vehicle accident damage compensation info platform, where we do provide some answers.

Just being involved in a car accident crash gives you several obligations and you need some knowledge and luck to have a hassle-free car accident damage compensation claim.

However the informations we provide are of a more general nature and should not be regarded as or to be legal advice.

As every motor accident case is different and individual, we do offer a first free fact assessment and advice on your particular matter, in order to give you a better and tailored reply, if you contact and brief us via email.

	RAMLA is a specialised legal expert in all MVA matters, claims, disputes (3rd party / comprehensive Insurance cover) and defensive actions against unreasonable or inflated claims, professional - affordable.    Contact RAMLA for your support to have a damage claim paid or defended.      Contact

There is no law been violated not properly adhered to as the Law of traffic regulations, not only in South Africa, but all over the world.

There is no law been violated or not properly adhered to as the Law of traffic regulations, not only in South Africa, but all over the world.

As so many different people driving motor vehicles on public roads, confronted with a growing number of regulations, it must not be wondered about. However the reasons most traffic regulations are created for, do make some sense and will help, if obeyed, to make public traffic safer.

While throughout breaches or un-attendance of road traffic regulations, motor car accidents may become frequent or increase, it will almost be unavoidable to have vehicle accidents as long as humans are in control and driving motor cars.

The repercussions are traffic accidents and subsequent damages.

Breaching the traffic regulations will have the consequences of offences in milder cases of breach, or up to criminal charges, for some cases with serious human injuries or death. Luckily most violations of traffic legislation are the more minor cases, without fatalities.

Such minor breach will commonly be an offence and punishable by fines.

Being successfully fined for a breach, either by acceptance by the accused or uphold by a Court of Law after trial, this particular offence will even serve as proof of liability.

However not all accepted fines will have the might of a precedent and i.e. not having a drivers licence with the driver, in a police control, may be fined, but do not mean the driver don't have a valid licence.

Such similar offences cannot be taken as proof or support of liability for a car accident.

Being involved in a motor car accident in South Africa, will give you some tasks and hassles to sort it out, especially if you're the victim and not liable for the cause of the MVA.

    

In order getting paid for losses caused by motor car accidents, the question of liability is one of those essential facts.

If a party involved in an accident, be fair and acknowledge being at fault, such admission must be documented, very best in writing and properly signed, or corroborated by witness testimony, or both.

If a demanded party just denies any wrongdoing, more decisive actions are needed to enforce acceptance and final compensation payment.

It should be noted, that parties even did acknowledge to be at fault, may attempt to change mind and instead of upholding to the accepted liability, change course full circle and instead accuse another to be the liable party, meaning no acceptance no pay, without a fight or dispute.

Having an acknowledgement of liability for the causation of a traffic collision, will be the preferred way. However one must be aware, that a party can and sometimes do change mind and course, if it comes to be confronted with damages and according repair costs.

In order to rely on an acknowledgement, it should be - as mentioned - best be in writing and properly signed. Such statement will be hard to abandon and fabricate something else instead.

It must further be known to those rely on the other party to uphold acknowledging fault, that in most South African Insurance Policies and conditions, the Insured is obliged to be silent and do not cooperate or accept any liability at all, not lose the insurance cover.

In short, a Claimant relying on any acknowledgement, should be able to show it and proof it as to the written statement, or rather expect surprises, as to changing Statements deny liability instead of accept it.

It had been proven many times, that verbal acknowledging the fault at the scene is not good enough to rely on, if it comes to claim damage compensation.

Do not trust any acknowledgment of a driver, who may have reasons to avoid getting the Police on site, due to whatever reasons and don't count of a promise to pay.

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Cooperation of other parties involved in car accidents

Having a cooperative party/participants, involved in a traffic collision with damages, will help and support any pursuit favourable.

That applies in a claim from a party directly or any claim an Insurance Company is involved. As soon as the other party facing the demand and so been held liable, change mind and opt rather not to be cooperative anymore, some trouble may arise and only facts and evidence will help.

Cooperation evenly is needed, if a witness is involved, to testify what had be seen or heard, in order to take the hassles that may come with his/her role as a witness.

Some try to clinch an Excess deal attempting to load or shift the problem to an Insurance company

No sane motorist is keen to be involved, or even cause a car accident, not even those who sometimes drive a bit rude and not prudent. Once facing to be a party and perhaps the liable party in a traffic collision, the financial implications immediately come to mind.

Realising not be able to pay, even if wanted to do so, or not been covered for such losses by Insurance, the idea may come up to find a solution, not always as it is supposed to be.

One fatal error is often made, if one party - commonly in case of such deals, the one suffered the damage and not be liable - may have a valid comprehensive insurance cover, which will pay the Insured in many cases for losses. To some reasons, most insurance policies do have so called excess clauses, meaning the insured contributes a part - the excess - to the claim.

If an insured do not really wish to have another, with bad luck in driving, pay the losses, as it is explained, that by all means there is no chance to pay, due to lack of funds, income or other liabilities, may suggest to the other to pay the excess amount, which needs to be contributed and then be free of further claims from the other, a deal may be made in hope to settle the matter.

Should the person accept to pay excess in hope to settle with such payment rely on having settled after payment, they may awake in a bad dream, if the Insurance company later demands a recovery of all money paid to the client, as the insured is not liable for, but the demanded.

Unless both parties do not engage in a settlement, stating in writing and be signed mutually, that by paying excess the case will be settled, no such settlement will be legally established. The excess paying party stay liable and just against the hope or trust will in legal terms conclude accepting liability by making any payment, in which reference ever.

In case the party not liable for the causation of the accident, but do have comprehensive Motor Insurance cover, while the other deemed liable driver doesn't have any Insurance at all, the idea may come to mind, the one not covered offer the insured driver to pay for excess or losses, that may come if the insured claim through his/her insurance cover for the damages suffered and the other sort out his/her own damages.

That may be a good idea to accept by the one not liable, as it will be regarded as a legally concluded acknowledgment action if paid, or properly laid down in writing and singed mutually.

However if not explicitly agreed within such agreement, that by paying the excess or potential losses will be a full and final settlement, the liability to pay for the full damages remain with the one liable.

A South African Motor Insurance company may institute a recovery claim for the sum of money they indemnified and paid to the client.

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The most important issues to look on, starts already at the scene of the car Accident

Handling a compensation claim for the recovery of damages to property, caused by an auto accident on South African roads, what is to do, starts immediately at the scene of the motor car accident.

Gathering as many details of the circumstances, how all unfolded, getting evidence such as witness details, photographs not only of all the damages but even the surrounding, traffic signing, robots and marks etc. as good as possible, is the task of the moment, after checked on injured humans.

Don't remove the vehicles from the position where they came to final still stand, before the evidence is secured. If asked to do so immediately, by a traffic officer, refuse and ask them for help securing the evidence, to expedite and clear the scene.

In a later claim for recovery of damages suffered, proof of the matter must be based on facts and this is what you need to handle your car accident claim successfully, or disprove and defend an unreasonable of inflated high claim instituted against you, by other parties in the car accident, or motor insurance companies on behalf of insured motorists.

	Proof of the matter based on facts, is what you need to handle your car accident claim, or disprove and defend an unreasonable of inflated high claim, instituted against you by other parties in the car accident, or motor insurance companies on behalf of insured motorists.

Whatever will be the case, claiming or defending a matter of auto accidents, without good foundation of facts, supporting or rebutting any argumentation, one will end up disappointed.

A compensation action or claim can only be successful, if the mutual allegations or differences can be proven by the parties. It must be noted that the party claiming or alledging, has the onus to proof on a balance of probabilities, meaning if the scale will go just slightly on to one side, that side may obtain the victory.

In pre-litigation, the time frame where it is thought to find a solution, before matters need to be escalated to the level of a court of law, arguments will be exchanged and evaluated by the other party, or its representatives to own discretion.

There will be no objective process to verify, the parties' arguments, if disputes arose and couldn't be solved in negotiations between the parties.

One of the greatest differences between actions in a court of law and private efforts to solve matters will be, that in court a learned judge look onto the details unbiased and in the light of law and precedents.

In private attempts parties, insurance companies or attorneys evaluate on own discretion, and objectivity cannot be claimed and commonly seen not been adhered to, but the tendencies or even straight forward attempts, to minimise damage compensation to be paid to another, are on the daily agenda.



Even so called independent institution, chosen for arbitrary solutions, such as the Ombudsman, isn't spared of such critics.

Either incompetence or biased decisions can even be found in Ombudsman's reviews of insurance declined cases, where the Ombudsman - in his own competence - judge facts or particular important circumstances, as what may be regarded negligence or already be recklessness.

There are cases of regular occurance, such as violation of rules of the road, speeding etc., where the Ombud not even having regard to what independent and qualified experts, in all regularity and frequently definite, what is or is not recklessness driving. The difference will be, win or lose the case, as recklessness will lead losing the case, while negligence will force the Insurer to pay.

	RAMLA is a specialised legal expert in all MVA matters, claims, disputes (3rd party / comprehensive Insurance cover) and defensive actions against unreasonable or inflated claims, professional - affordable.    Contact RAMLA for your support to have a damage claim paid or defenced.      Contact

Failing to secure sufficient compensation in pre-litigation, matters may need to go to a court of law, for decision and a magistrate or judge will analyse critically, what will be presented to him/her, before making a decision and a ruling.

So, don't underestimate the weight of evidence, as a mere confident feeling or self-reliant position, but if lacking it. will not be sufficient to get matters sorted, neither in pre-litigation, nor in a court of law.

Being successful in a court case, it will be absolutely necessary to have good evidence, how the accident unfolded, what all the parties effectively did or omit, or have done to avoid the impact and finally good and professional proof of the damage.

Without all those, it will be a challenge and problems need attention, improving the merits and evidence of the matter and build a strong case.

Lacking good and experienced support in handling cases for recovery of damages and proper legal backing, one may find end up disadvantaged, as the other party may just do better, as they take such experience and knowledge, as it will support them better to achieve sometimes undeserved victory.

Utilise affordable but professional services, such as RAMLA offers, avoid disadvantages and get your compensation paid.

read more below:

Contact RAMLA (Road Accident Management & Legal Action), tell us your Motor Vehicle Accident story, the issues of concern, the problems you detect or face and get a free check and advice how to proceed.

We will check and analyse your individual case and revert to you - most of the time in a short circle of time.

For best results contact us by email initially, give us an idea of the incident, attach one or two pictures of the damages or relevant situation, the extend or value of the damages suffered - if already assessed.

In case of an Insurance claim decline, supply us with a copy of the repudiation letter, of give us the reason for the rejection and name the Insurance Company.

Should you like talking to us (phone contact displayed below), best do that after the initial email briefing, but keep in mind even we need some time to check about your matter first.

Your are very welcome to utilise such valuable absolutely free initial advice*

		RAMLA can be the solution in MVA matters Do you know that RAMLA is a specialised expert in handling and enforcing or defending all kind of MVA (motor vehicle accident) matters, pursuing motor car accident compensation claims, Insurance dispute resolutions, for its clients - effective - professional - decisive and resolute, to best and affordable fees.

As you probably have recognised on our comprehensive web information platform, we do know what we are taking about. We do invite anyone in South Africa, facing an MVA (motor vehicle accident) problem, to contact us for a first - free - analyse of your particular matter and get initial advice how to proceed. As a specialist in traffic accident recovery actions, we act for clients/members in the relevant manner, but based on a paid mandate or membership, if a need of practical support arises. We do offer a free first advice, to determinate your case and give you a direction how and what may be the way forward, in order to build confidence with a potential client. As professional specialists, in charge of acting in motor accident damage claims in South Africa, we offer a well performing, decisive and demanding claim pursuit, at affordable fees.   RAMLA will be your one-stop car accident claim service in South Africa                     When you need claim support for car accident damage compensation, in South Africa you are on the right web page. It's so easy contacting us by email. The effective way will be sending an email containing the nature, damage and problems detected. Once sent through to us, we will study the matter and after analysing the facts, we get back to you by email (most commonly within about 3 hours), with the result and advice, - free of charge. If you like explaining your problem to our claim manager on duty, you are welcome to contact us by phone for an initial briefing on cell 076 770 3179 (standard rates apply). For best results: dont't just call, once you took notice of the opportunity! First think what you like to get accross, best file it as email and call once you got our feedback. For reasons to convince you not just calling immediately, please follow: how to contact RAMLA successfully. It will be much more effective; if we do get a briefing of the matter via email, before a telephone call, so we will be prepared answering your questions. * please note that a practical claim pursuit will not be free of charge and comes with a paid mandate, but at reasonable and affordable fees, however take the chance to get initial free advice.		Car accident compensation claims for damages, may cause some headache, in South Africa. RAMLA can be the solution to sort out MVA problems. Not everything in a compensation action goes smooth and the way wanted, as we are confronted with numerous possible challenges. RAMLA a specialised legal expert in material car accident damage claims, filing, demanding, enforcing compensation actions, supporting disputes in dispute resolution actions, with Motor Insurance Companies, or its Agents, work in Ombudsman's (OSTI) review cases, or defend a motorist against unreasonable or inflated compensation claims. Contact RAMLA to analyse your case, and get a free opinion where you stand and what to do next. You can contact RAMLA 7/24 and receive a response soon. It's so easy, just e mail your story and attach what you got to make the RAMLA claim manager understand your problem. Just draft a brief report of what had happen and send it (use this mail link) to RAMLA for free analyses and you will receive a reply soon. Contact us now and let us know how we can help you? email us your story and details to ramla@ramla.co.za for a free first analyse and advice.

The determination of liability for car accident damage is a complex and critical one and should best be done by unbiased decision makers, admins or legal personnel.

Liability in South Africa is driven by the concept of delict, where one party harmed another - either in health or property - without any contractual connections or background, in acting negligent or even recklessness.

Liability can vary from 100% to a lesser degree as to, i.e. 30% liability for damages caused, depending on contribution to the causation of the impact/accident and or being at fault in such circumstances by violating a variety of duties, imposed on all participants in public traffic.

Once damage is to be addressed, someone must be found to be or take liability. This is regularly performed by some decision makers, who don't uphold standards as judges in a court of law do. Those will be involved in the first part of a claim, in evaluating and decide who and to what degree a party or parties may be seen to be liable.

Often those are employed personnel or brokers, acting for South African motor insurance companies. They apply rules given from management to handle cases, send out Assessors and Investigators to analyse difficult matters, of which the professional quality of workmanship and knowledge often can be questioned.

When analysing factors of liability, put yourself into a position as to think, who had been able to avoid the motor vehicle collision and who had acted responsible and took all reasonable care to avoid the car accident and which motorist may be the negligent or most negligent driver. The test is how a reasonable man would have acted, in the given circumstances.

Determination of liability means, one has to look on a variety and high numbers of factors, that must be taken into consideration. A basic test to apply is that of how a reasonable man or motorist, could have foreseen and avoided a collision at all, if have had abided to all the rules of the road, especially to" have a proper look out" - watching the traffic continuously and as important, have control over the vehicle to all times, meaning come to a still stand before any foreseeable impact.

A motorist applied such rules, and by taking all evasive measures and actions to avoid a collision, but could not do so successfully, with all the caution exercised, will most expectedly - not - be the negligent one.

	The questions of negligence and fault are key issues in any motor car accident, when it comes to determine liability.

Numerous articles in papers and books, have been written about the subject of negligence in MVA matters, but what really will be negligent driving and stringent methods how to definite such. A determination out of a court of law, is often inconsistent and partly biased, and will leave space for argumentation of the parties.

There are huge numbers of cases, dealt with by courts of law, that sometimes been cited as precedent, by the representatives of parties, as local attorneys or motor insurance admins, but each and every case can, indeed will be, different and individual.

The matter of case law or precedent is taken into argumentation very frequently to underpin a position, commonly to deny a claim. The claimant, expectedly a layman in terms of motor vehicle accident problems and not having an intimate knowledge of South African traffic legislation, will be confronted with those statements.

The aim certainly will be, to impress the claimant or defendant in the expectation to accept. But it needs to be clarified in all earnest, that case law or precedents are only suitable for the principle of a matter or circumstances, but not for the determination of an individual case.

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Get some experienced support, once you face any such challenge and don't agree. Fees which need to be paid for such support may well be fruitful invested, to get a reasonable solution and compensation pay.

The matter of detection and determination of liability at all, is crucial and no general rule can be applied. Any car accident is unique and different.

Motor insurance companies and other legal institutions or lawyers, like to cite cases, seaming to be similar as that to deal with, to confront a party with decisions and conclusions of previously decided matters in a court case, in order to blame the other party with liability.



The Insurance companies argue:

Claims are settled on sound legal principles and the appropriate case laws and apportionments are applied.

Some of the frequently used predecents are as follows:

Neuhaus v Bastion Insurance Company 1968 (1) SA 398 D AD

The learned judge stated the following: "Keeping a proper look out means more than looking straight ahead - it includes awareness of what is happening in one's immediate vicinity. A motorist should have a view of the whole road from side to side and, in case of a road passing through a built-up area, of the pavements on the side of the roads as well".



Our Comment:

The requirements the judge formulates, are certainly correct and applicable. The problem can be, that despite the addressed motorist did all just that, the Insurer may ignore to admit that obligations have been met. Consequently where those tasks are adhered to, there is no fault and no negligence and without no Apportionment.



Venter v Dicson 1965 (4) SA 22 (E)

The learned judged stated the following regarding the through street driver: "He was not entitled to drive as if he was wearing blinkers but should have had regard, not only to the street itself, but also its immediate environs"

A driver is entitled to assume that other road users will act reasonably unless there is some circumstance, which warns or ought to serve as a warning to him, that the other road users may act unreasonably.

This does not relieve a driver from his duty to be vigilant so as to be in a position to take steps to avoid a collision should the driver of the other vehicle act unreasonably.

A driver in a through street is entitled to assume that a driver that approach a stop street will stop, but a through street driver does not enjoy absolute right of precedence and is not relieved of the duty to keep a general lookout.



Our Comment:

Even that reasoning within the judgement above, is entirely correct and reasonable. However may Insurers again don't ask or listen to the arguments that just that has been fulfilled and the one claiming damages, in fact expected danger and been vigilant, but the unpredictable behaviour of the other driver (culprit) could not be anticipated and an impact not avoid, unless the claimant would just have stopped driving at all.



In the matter of Rose's Car Hire Co (Pty)Ltd vs Rice, an apportionment of 60/40% in favour of the through street driver was made. "A motorist approaching an intersection at which he may reasonably expect traffic to emerge must be vigilant and must so control his vehicle as to be able to avoid such traffic."

Our Comment:

Pointing out what had been said just in "Neuhaus v Bastion" above, the rule accpeted stand against the allegation - must control his vehicle as to be able to aviod an accident.

A driver is entitled to assume that other road users will act reasonably unless there is some circumstance, which warns or ought to serve as a warning to him, that the other road users may act unreasonably.

Contribution to the impact can only be alleged, if the one alleges can proof the other has been negligent in not observing and adapting to the danger foreseen or be at fault in regard of his/her driving habits. That is how the Apportionment of Damages Act reads.

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Confronted with such situation we suggest, don't accept such argumentation without serious questioning. Such cited precedent or decided case, should be comparable to the current case and if this will be narrow enough matching your individual case.

Experienced people, dealing with auto accident damage claims in the country professionally, should be able to determine the position of liability after scrutinising the aspects of the matter, but if not agreed upon by the other party, only a court of law can finally determine the case.

But there are professionals and professionals, if you include the motor insurance claim adjuster into this group of experts. Having an unbiased claim adjuster, employed by any South African motor insurance company, seems to be unlikely.

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Motor car front and rear accident impact senarious

Another car driver skipped a red robot or stop sign and hit my car causing the MVA and damages to the vehicle

In a case another motorist, skipped or missed to respect traffic signs, robots or proper marks, the motor car will not have been driven with due care and may be seen to be negligent. All car drivers in public traffic are obliged to abide to the rules of the road.

However, unlawfulness driving must not automatically be negligent driving, but will give some indications of being negligent. Unlawfulness and negligent driving issues are overlapping in certain circumstances.

Not driving with due care and ignoring or deliberately violating traffic legislation will be a strong indicator of negligent driving. A negligent driver will be seen to have caused the traffic accident and therefore liable for the compensation of damages to others, resulting from the particular impact.

However all motorist on South African roads are equally obliged to have properly observed the traffic, not only just before them, but have a proper look out on all relevant sections of driving, including other parts of the road, the opposite lanes, crossings in its entirely, as well as the rear traffic behind the car.

A car driver having the right of way, however needs to take precautions and anticipate dangerous situations and do all reasonable possible, to avoid an impact with another, clearly driving unlawful.

This certainly does not mean, the car driver with the right of way cannot expect that other motorists abide to the rules of the road, and correct mistakes in due course of driving, before the danger will become an impact.

Travelling cautiously and abide to the obligation given or posed onto him, a motorist can trust the other car drivers will abide to the obligations and in so far can drive reasonably, with due care, but still be aware and do all reasonable possible to avoid an accident, if a motorist can be aware, an impact may happen, out of a dangerous situation.

In terms of scenarios, like skipped robots or stop signs, entering unlawful and to an inopportune moment into the flow of other traffic, South African motor insurance admins tend to blame the proper and responsible other driver, being contributable to the accident, accused not have been cautious and evasive enough.

Any such attempts of blaming the victim of the accident being contributable should be looked on in detail and if appropriate, be disputed, not to risk a detrimental shortfall in compensation.

Some arguments, in due course of accusing other carful driven motorists, by admins of the motor insurance industry, must leave the impression, that as to meet those standards a driver should rather leave the car at home and don't drive at all, as meeting all those baseless obligations, would mean, not travel at all. This is certainly not what the law has in mind and what a learned judge will expect from a reasonable driving person.

    

A vehicle hit the car in front from behind and damaged the rear of the vehicle

If a vehicle collides with a car in front of another, negligence in that driving behaviour is almost certain. Being hit from behind is the most comfortable scenario to proof negligence and liability. Even motor insurance companies tend to accept a 100% liability, in cases of a rear end collision.

A motorist following another is obliged or even compelled, driving at a reasonable speed and keep an efficient safety distance between vehicles and always watch the traffic in front, enabling him to stop the car or take evasive measurers and actions, to avoid an "rear ender" impact.

Reasonable speed is not necessarily the speed limit on the section of the road; it may fairly be a lower speed appropriate, as to danger to be anticipatable or weather conditions, etc.

Such driver coming from behind, possibly speeding or at least don't keep an appropriate safety distance, is at fault, once an impact happened and liable for all the damages emanate from such impact.

Any attempt from another party or motor insurance, cover the party causing the accident, to bring accusations of contributable negligence into the matter, should be rejected and full damage compensation be claimed.

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Chain accident - vehicle 1 hit vehicle 2 from behind and 2 been pushed onto car no 3

A vehicle hit a car from behind and damaged the rear of the car - at such high speed that impact been so heavy, that the car has been pushed onto the one in front, - while standing and waiting for the signal or situation, to clear for him to go.

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Given the situation a car driver is compelled to slow down because the traffic in front demands such, or is stationary on the road, abiding to stop signs or robot signal and another from behind crash into the rear, will be entitle to full compensation, as to the content of the article above.

If the impact will be as heavy that the car bumped into from behind, and subsequently pushed the vehicle crashed into, onto the motor car in front of this, the owner of the 3rd vehicle must blame the 1st motorists, hit the 2nd, having negligently driven and caused the accident, being liable for all the damages in the chain of cars.

The motorist in front of the chain of cars, needs claiming damages not from the car pushed by the impact onto it, but claim from the causing and liable driver, crashed into the one at first.

    

As I made a right turn another car came at high speed and bumped into my left side, caused a lot of damage.

The situation, if a car driver intends to turn right, or make a U-turn where permitted, must be handled careful and been watch out for an opportune moment, so the section to be entered is clear and safe to do so, before effectively start the manoeuvre.

The car driver who does not observe the traffic carefully enough and entered at an inopportune moment and a collision occur, will most probably be the liable party.

But given the driver who intends to turn right, has properly observed the traffic and chosen an opportune moment, to do the manoeuvre, but collided with a motorist coming from the opposite direction, may have valid reasons alleging this motorist ccoming along the lane entered, being contributable negligent or having driven recklessness.

Reasons can be, speeding and/or didn't had had a proper look out, or not taken appropriate evasive actions.

Depending on road conditions or other obstacles as buildings, trees or other factors, that may have a negative effect to visibility and sight, the driver coming on the opposite lane, must have anticipated a potential danger, having had reduced speed, as to have proper control over the vehicle, to avoid an impact with the other, unexpectedly comes into the line of traffic.

Turning to the left

But a motorist, intending to turn left, being aware another car is coming from the opposite direction, clearly indicating to turn left, cannot rely by just seeing the indicator flickering, that this motor car indeed will turn left and not so expect, that the road will be clear, unless the car that is indicating to turn indeed turns.

The appropriate moment to do the manoeuvre to turn left, can only be, if indeed the car indicating the turn, clearly moves practically to the into the direction indicated.

Those cases may turn out in a dispute about liability and causation as all parties may claim on facts to its favour, blaming the other to be driven negligent. A proper evaluation of facts and circumstances are of outmost important to determine the causation or contributable liability correctly.

It will further be of importance that facts and allegations can be properly proven.

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Roundabout or Traffic Circles designed to slow down traffic

Roundabout or Traffic Circles are designed to smooth traffic at intersections wit traffic volume.

Vehicles approaching a traffic circle, must as always observe all traffic carefully before entering and those vehicles already within a circle do have the priority in terms of the right of way. Roundabouts are designed to slow traffic but not entirely stop it.

Differently to a three of four way stop, a vehicle may enter the roundabout without stopping at slow or appropriate speed, but yielding the right of way for drivers attempting to enter from the right, unless road traffic signs or traffic officers instruct differently.

Pedestrians intending to cross a roundabout must cross that at the legal crossing point were vehicles must stop and give way to pedestrians. However at all other points of crossing, but particular at exiting the circle, the vehicle got the right of way to undisturbed leave the circle and any pedestrian must wait.

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A drunken driver speeded, skipped a red robot or a stop sign and hit my car head on or at the side.

Well such an accident scenario is most unwelcome, but the question of liability and causation relatively clear, as drunk driving is ipso facto negligence already.

The matter of alcohol or intoxication while driving in public traffic, will establish negligence and perhaps recklessness driving, leading to liability. All motorists do know that driving under the influence isn't allowed and not just a cavaliers delict.

A drunken driver will face not only to be arrested, but next to the civil damage compensation claim, a prosecution by the state.

It is however too often the case, that an alleged drunk driver get away with it, if not been properly tested for blood alcohol or unlawful drug consume. Motorists being the victim of such accidents are sometime too lax, or even tend to help the drunken driver to get away with it, just trusting of honesty and kept to the possible promise the drunken driver gave, to pay for all.

It has been observed, not only one time, that the verbal promise of the drunken driver isn't worth much. Once there will be no proper testing procedure and time went by, there is little to proof. The now sober person, may regret he admitted something at all and having been presented with the extend of the damage, make all efforts to deny any wrongdoing.

Once the time for proper testing is missed, there will be little chance effectively proof drunk driving and negligence in that regard; if not at least a comprehensive written acknowledgement is stated.

It is highly recommended to call and even wait for police, despite it may take time, and be decisive to compel the police officers to have a proper testing done.

If an interested reader of these articles comes across the knowledge of the content, it may already be too late.

It is always advisable to take proper evidence at the scene of the accident and secure witness contacts etc.

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The driver lost control over the vehicle and swerved, veer off the road with a lot of damage

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Cases of motor vehicle accidents, where no other motor car is participating, but damages to the own car occur; can only be solved throughout a comprehensive motor insurance cover.

If a driver lost control over the vehicle and damages are significant and/or happened to late evening or early morning hours, it will be expectable that the Insurer will have a closer look on the circumstances and undertake an investigation in the matter and situations.

The issues investigated will be utilised to check, if a breach of insurance terms may be apparent and a claim could be declined, as the insured may be in violation or breach of the insurance contract.

A motorist should be aware of any such investigations and be prepared of what is at stake, before engaging with the insurance assessor/investigator.

If such investigation takes place, the insured must brace himself and potential other witnesses of what had effectively happen, as if contradictory statements will be detected, the problem may start soon.

It had been observed in cases handled, that just inappropriate statements given in an interview, most commonly telephonically, by people that aren't involved directly, has led to a decline of an insurance claim, despite those witness statements may not be true and correct, lack the evidence needed to base a decline onto, or just made vague or misleading, in a sudden surprise of a telephonic investigation inquiry given unprepared and irritated.

It will be a challenge to get a decline reversed, once decided a decline is appropriate, just one sided.

Looking for support will only be good enough in an early stage, best before practical investigation is undertaken. The investigator will be prepared, but the "witness" may be surprised and annoyed.

Unfortunately the phone call will be recorded, and its rarely been seen, having a second interview to offer the opportunity to clarify.

    

A company vehicle driven negligent into my car, how to claim damages

If collided with a company vehicle, small transporter, lorry, taxis or whatever type of a vehicle, driven in due course of the business in pubic traffic, poses some extra challenges to parties claiming.

It will be out most crucial to secure as much evidence as possible. It should be attempted to find witnesses and take contacts.

The reason for such extra care is in the reluctance of some or more as just some, companies and its management giving a legitimate claimant a difficult time in the pursuit of the matter.

It is obvious that company vehicles travelling much more as private motorists, enhancing the possibilities to be involved in car accidents more frequently. The result will be, they are on alert and do have some experiences how best handling a case, to deny liability.

The driver in charge will not be happy telling the boss he caused damages due to his negligent driving, fearing for the job. The management of a company looks on low insurance costs and in so far interested not getting each and every accident through to them for attention.

It may well be, that even if reported to an insurer, they may give contradictory statements as to what had happen, which in turn will lead the insurer decline the claim more easily.

The fact of the matter is that a company will be vicariously liable for its employees in due course of the business performing under its orders. Certainly the negligent driver should be held liable next to the company, as first and second respondent.

A demand and a claim for damage compensation should be directed to both of them.

    

Unsatisfying, unacceptable motor insurance compensation offer, as to apportioning liability and damage

It may well be that the matter of apportioning damages, the attempt to accuse the other party being contributable in the causation of the car accident, as not have taken care, or many other arguments, case law citation etc. and so have been part of the negligent driving and causation, can be the worst to be confronted with.

Apportioning damages effectively mean, that both or more parties are accused to have contributed to a certain extent to the traffic accident and so being liable for the percentage, someone decided upon as they deem fit.

It is very easy to do so and a claiming party does have sort out such hassles, which can have very detrimental effects on the amount of compensation, even if found the claimant is mostly in the right.

The problem is, that the other party take all damages together and then from that basis calculate the financial contributions. In cases where the claimant found to be up to 80% in the right, but damages claimed by the more wrong party are high, or quite higher than that of the claimant, it can be disastrous in financial results.

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Once the question of liability is addressed and your position determined if you are not liable, partly liable or even caused the accident, the other party may find your conclusions of liability are wrong. They may have come to completely different conclusions drawn from the facts and that will certainly cause dispute.

Given the analysis of liability for the car accident are to your satisfaction, the quantification of damages is next. The calculation of damages can be done by professional damage assessment, or by way of repair quotations made by an repair expert, such as a panel beater. Now you finally got the damage value for your traffic accident recovery.

When all of that is assembled you must contact the supposed liable party and send them a letter of demand, setting out the damage and timeline of response. Make sure you have proof that the letter had been reached his/her residence.

If you do not get the reaction or response you do expect, meaning the other party deemed liable for the destruction accept your claim, you enter the step of dispute.

It's now the challenge to sort out the differences. Most often this can entail extensive exchange of arguments. Certainly the subject in dispute - either the question of liability or the damage value claimed for - determines which steps need to be taken to find a settlement.

	It will be your benefit, if you have mandated an experienced claim support - such as RAMLA - to get on with little hassle on your way for fair and full payment of car accident damages.

Unfortunately not all cases can be settled amicably and before legal court actions are required.

Theoretically a summons (the first step in curt procedures) can be issued by yourself and served on to the liable party (but you must know how and abide to the rules), hoping that this serious step will help to motivate the liable party to pay what you claimed for to repair your car accident damage.

You should consider RAMLA claim management support, as soon as you can see that the matter is not going well. You are welcome to contact RAMLA for an initial check of your car accident matters - without any cost for you.

RAMLA - Road Accident Management and Legal Action - offers a variety of very powerful but still highly affordable pre-litigation claim support solutions. Just contact our claim manager on duty to know more.

We certainly take any disputed matter to a court of law, but the goal will be solving the recovery of damages in the process before court. Court procedures in South Africa are never amicable or entertaining and will entail legal cost, before any compensation pay, after the legal battle will be won.

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read more about:   Timeframes to claim for damage compensation

	RAMLA - Road Accident Management and Legal Action - is one of South Africa's most experienced and decisive advocates to sort out legal disputes with parties, Insurance companies or act in defence for clients, confronted with unreasonable or inflated claims. Car accident issues that matters most: We are legal specialist in motor car accident damage recovery matters and offer our services to those suffering damages or in need to defend unreasonable or inflated claims. Taking on disputes with motor insurance companies, engage and solve unfair declines or incorrect apportionment of damages, oppose a wrong assessed Quantum, or take a matter on review with the Ombudsman (OSTI), to get a matter of comprehensive insurance dispute reviewed. Sometimes, if a matter cannot be resolved in a full attempt, and the case need to be heard in a court of law, should all fail to find a solution in pre-litigation, the escalation to a court of law is inevitable, we will suppot the action. RAMLA can get you through the trouble, get reluctant parties moving serving Summons, for just some affordable fees, commonly just equal or lower then towing/storage cost may be. We are one of the most experienced, decisive advocates, when it comes to car accident problems - issues of compensation or defence against unreasonable or inflated claims, bad repair practice and much more. We work only on motor car accident matters. Check us out, so you do know if we can uphold we say, free of charge. Welcome to RAMLA Road Accicent Management & Legal Action - South Africa

RAMLA - is an experienced legal expert in most MVA - Motor Vehicle Accident - issues.

We act professionally and decisive for the - Demand of damage Compensation - Dispute Resolution - Defence against inflated or unreasonable claims, as well as for damage recovery caused by bad workmanship after car repairs.

With more than ten years of professional experience, well educated stuff, knowing the subject of car accident issues and solutions, we have advised many, many inquirers in the first steps to take for a solution,

- free of charge - ,

and over the years, served a high number of clients to solve differences with parties, addressed compensation actions, acted against unfair Motor Insurance declines or short falling settlement offers, pursuit reviews with the Industries Ombudsman and filed law suits and defences.

RAMLA do know very well, that all cases are individual and need particular attention to the details, as only a well structured and factual claim can have chances to success. With us, you can feel save.

If you valued visitor of the RAMLA web information platform, do have any such problems listed above, you may well be good advised to contact us and brief us - best by email - with what had happened and may be your problem.

Our initial reply and advice will be free of any charges or obligations,

but an active pursuit of a claim or defence will come with some smaller fees.

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Become a local partner of our Nationwide Network of experts in adjacent industries, such as:

Legal profession

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enhancing mutual business at no cost to either side.

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	Market value, trade and retail value, scrap or salvage are all part in a "write off" case When it comes to more serious car accident damages often repair costs are high. Should repair costs exceed the market or pre-collision value of the motor car, it will be called a "write off". Unfortunately many of those been written off is caused by a decision of an Insurer. The manner in which the car values of a highly damaged vehicle being evaluated, is by applying value schemes, often inappropriate schemes or wrong assessment results should be challenged. A write off can cause many hassles in some regards. There are some value schemes offering private persons a one time free value check. Below as an example, TransUnion Car Value www.carvalue.co.za Anther source will be www.book-value.co.za as well as www.autotrader.co.za TransUnion Car Value Scheme www.carvalue.co.za