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. Car accident destruction recovery         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

After a traffic accident and subsequent damages to sort out, the question is apparent what to do and how dealing with 3rd parties?

Claiming for motor car accident damage compensation in South Africa is a complex and time consuming action. Doing it right needs some knowledge and time efforts to come along with a successful claim.

Dealing with 3rd parties can mean, practically dealing with a motor insurance company, acting on behalf of an insured.

This may be not as much liked, as it can be bureaucratic and often some resistance can be found from active insurance claim negotiators, but should a solution be mutual agreed on, at least one can be rely on payment.

In a straight deal with a third party - the liable driver causing the accident and damages - will generally not give a great deal of resistance and no funded dispute must be anticipated, unless such party will find/appoint legal representation, with sufficient knowledge in the field of car accident compensation actions, based on law of delict.

A person not appointing any kind of legal defence or representation, will either accept the liability and duty to pay damages, or simply do not oppose any demand, as to lack of defence representation, knowledge and commonly due to lack of financial resources to appoint such experts to take care of is/her interests.

Someone accepts and acknowledges liability must and hopefully will pay for damages caused. But if one just be unlucky and confronted with the second type, not defend as to lack of funding, may face the situation of not getting any pay, once a matter had been taken to a court of law, ending in a default judgment and a writ of execution.

That will be a very bad case, as before being able to execute, a case must have been brought to a court of law and only with a success, either by litigation or default, will enable another to execute.

So the hurdle of a court decision is to be taken, before any forceful action of collecting outstanding funds can happen and that normally comes with some cost upfront of any execution.

Below you can learn about the process and the steps to be taken and find some valuable information about the process to claim damages. But be aware that that information's are of general nature and cannot always just be copied to serve your individual claim.

If you feel you will better take some support, RAMLA will be the way to go.

Click for Claim related Site Map - A comprehensive overview of relevant Claim Issues

	The initial process of a compensation action, solving matters, avoiding going to a court of law, if possible Start compensation claim against other party - pre-litgation      Dealing with 3rd parties after car accident damages? Claim for compensation for accident damages, South Africa? Steps and actions claiming damages from another party. Accident documentation for the car accident claim Assess the damages to your motor vehicle Letter of demand leay out vehicle or property destruction Correspondence with the parties involved in the car accident Finding common ground for a settlement agreement Legal actions in a court of law, if no settlement achieved Service of a summons to the other party suing for payment Nature and complexity of a legal matter in a Court of Law Headlines and Issues on this page Contact RAMLA for a free fact check and advice

How starting a compensation claim for car accident damage compensation, South Africa?

Claiming for motor car accident damage compensation in South Africa is a complex and time consuming action. Doing it right needs some knowledge and takes time efforts to come along with the claim.

Below you can learn about the process and the steps and take out some valuable information. But be aware that that information's are of general nature and cannot always just be copied to serve your individual claim.

If you feel you will better take on some support, RAMLA will be the way to go.

What is a claim for compensation of car accident damages, South Africa?

A claim regarding the recovery, reimbursement or pay for motor car accident damages occurred in a traffic accident, means the process to follow and what actions to be taken, having a demand for compensation accepted and paid for by the 3rd party or the Insurance Company.

Recovery claims for compensation of car accident damages, needs to be formulated and proof and evidence put forward and the financial damages to property and motor vehicle damages being addressed. (Quantum of the claim)

All those factors should be included, when filling a letter of demand (LOD)and served it to the liable party and having proof of it.

We distinguish two major steps in a claim for compensation of material auto destruction. The one and first, we call the pre-litigation phase and the second phase kicks in, once a matter could not be resolved in pre-litigation and legal action in a court of law must be taken - which are pleading and litigation phases or court procedures.

It must further be emphasised here, that procedures claiming for material (financial loss) for damage will be different to steps to be taken, if we are talking acting for compensation of bodily injury (personal injuries to a human being) put forward by the injured or if deceased, by dependents or family claiming for a late, breadwinner.

Compensation claims for bodily injuries must be directed to the Road Accident Fund (RAF).

RAMLA and the content of this web site, deals mainly with recovery of material damages (financial losses).

	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

Steps and actions in an auto accident claim recovering damages from another party.

In the pre-litigation phase of a compensation action (all before a court of law must be approached, as no amicable settlement could be achieved between the parties) the claim needs to be prepared and formulated, demands served, correspondence entered into, facts, proof and evidence exchanged, Insurance disputes addressed, or in cases of comprehensive cover disputes, matters be reviewed by the Ombudsman, all aiming finding a settlement with the other party, avoiding legal action in a court of law, which is split in pleading phase and litigation phase.

The initial steps are: gathering the information and details how the traffic accident unfolded, which is needed in building a basis for proof and evidence, drafting a comprehensive demand, lay out the cause of the crash and pointing out what make the car driver negligent and further urging the payment for damages from the liable and responsible party. There should always be a form of proof that the demand is properly served informing the other party of the claim or proof the demand is received. The service of a LOD - Letter of Demand is a prerequisite for a legal claim in a court of law.

Once a demand for payment of damages is served, the other party, or the motor insurance company on behalf of the insured, have the possibility to react and will probably put their way of evaluating the demand forward.

The content of the reply can be, acceptance of the demand, a partly dispute of the claim, or even completely denying liability, up to the fact accusing you, the person demanding, being the liable party, based on their own analyses.

It will be easy understandable, that all actions and reactions need to be addressed in the relevant manner responding to the individual content and if possible engage in an exchange of arguments, that can help to find a mutual accepted solution.

Once common ground could be found, a settlement agreement can be entered into and the case finalised.

Given, that by far not all the claims for motor car accident damage compensation will go through smoothly, it may well be that no common ground could be found in pre-litigation.

	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

Very much different as to action in a court of law, where rules apply and the Magistrate/Judge can influence the proceedings and hear witness and eventually give a verdict that is binding and enforcable (if not appealed), in the pre-litigation or demand phase, non of the party's have the power to compel another, to accept any demand or point of view: no Attorney, no Party, no Insurance admin nor any other representative does have the power, to compel any other, accepting another parties demand or version or even participating for a solution. Only a court of law does have those powers.

One exception may be the Institution of the Ombudsman for short term insurance (OSTI), within reviews of declines or other disputes, between a comprehensive insured and the insurer, whereby the problem must emanate from issues about the insurance contract and obligations, as OSTI per arbitration powers can compel the Insurer to abide to its rulings, but not the insured. The insured applied for the review, do still have the opportunity to go to a court of law.

Given the issue at stake (motor vehicle damage compensation) cannot be solved in pre-litigation, this will trigger the need deciding taking the matter to the next level, a South African court of law, searching for an unbiased decision.

The judge/magistrate in a court of law has the power to question and investigate the car accident matter and verify the proof and evidence put forward by the parties. In a court case, witnesses or experts can be heard and those testimonies will have a heavy weight in a decision, if they are credible and not inconclusive.

Once the parties have closed the case, the judge/magistrate will evaluate all the evidence given in the case and come to a judgement or verdict. Based on the facts and circumstances and the credibility of arguments, he has found during the hearings and contained in pleas and testimonies, what has being the course of the impact, he will make a determination of negligence and subsequent rule about the degree and form of compensation for damages, the liable party must accept.

The presiding officer can make about three sort of decision,

Ruling in favour of the claimant to 100%

Apportion damages between the parties

Ruling in favour for the defendant to 100%

The verdict will be in favour of the winning party and the other party/parties must pay, or give security if requested, should an appeal will be launched, or face excecution.

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Your accident documentation is to start with

As mentioned the process of a compensation claim for destruction to property or motor car, in a traffic accident on public roads, starts with the accident documentation.

We have talked about the documentation on other RAMLA web pages intensively and just make a shortcut here, but following the link (what you need to have proper car accident documentation) the interested reader will find more in detail.

Valuable elements of accident documentations are:

Photographs, or video footage from sources installed in the vicinity or on-board camera, sketch of the impact, police accident report (AR), own notes or better own comprehensive report (remember the police report focus on identifying offences or criminal actions and not on civil data and evidence needed in a claim for financial compensation), witness statements and details, assessment of physical destruction to property and/or motor car (repair quotation or professional damage assessment), other circumstantial evidence etc.

Assessment of the damages to your motor vehicle:

Assessing, examine, listing of damages to your motor vehicle is another critical matter, we have spoken about in other sections of the RAMLA comprehensive web site. Therefore we will shortcut here but following the link (damage calculation - quotation or assessment) will provide you with more details and essentials to better be looked on, before taking just the repair quotation as a single and only proof of your auto accident damage.

The two most common methods of calculating the damages are, repair quotations from your panel beater or auto body repairer or professional vehicle damage assessments.

The challenge in assessing the damages is that the report should reflect a complete and fair calculation confluent in an assessment report or quotation. Overcharging another is not gentleman like and can backfire. On the other hand, damages calculated short, will lead to financial losses!

Filing a letter of demand (LOD) for the pay of the vehicle or property destruction caused in another in a car accident, in South Africa

A letter of demand should be a comprehensive request, informing the other party of the nature and evidence, why a demand for payment compensating the motor car damages is made, which entails all the facts available.

It should state why another is accused and what are the reasons for the accusations and what is believed to have proofing what is demanded.

The letter of demand should be accomplished by a damage calculation.

A time or date should be set, a reaction or pay is expected and it should be madee clear, the matter will be proceeded with, if the demand and/or claim, is not responded to or paid.

It will be critical that you can proof, the party demanded has indeed received your letter of demand.

Serving a letter of demand in an oncoming claim is a prerequisite for any further legal action.

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.

Enter into correspondence with the parties involved in the car accident

Once the deemed liable motorist has been informed of a compensation claim and responce on the letter of demand is received, it will be best trying and find common ground. Talking to each other can pave the way. Corresponding includes all the channels of contact, telephoning, mail or email, or even having a personal meeting, can be the way.

But as we are talking about compensation for car accident damages, which has a lot of potential to go wrong and deteriorating from a straight line forward, the facts and arguments exchanged should always at least been protocolled or witnessed, but better both, if the exchange have not been in writing.

Corresponding in writing will be essential, once the matter didn't come along as expected. Remember, a claim for reimbursing auto destruction, can become a legal matter and that means having proof is crucial.

Proof will not just mean having a proper accident documentation; you should prepare your claim carefully. Correspondence, especially verbal exchange, can become important and utilised as evidence, if it can be proofed it has taken place as alleged. Changes in the behaviour or argumentation by parties, must be expected at all times.

Meeting with a vehicle damage assessor, in charge for another motorist's insurance company or with a claim investigator, can be a trap, confronting you with an interview, of which the consequences can be detrimental.

Being in positive contact with the negligent driving motorist can be of benefit, but one should always be aware the problems may come, once another party's change conduct, especially if they change minds and get away from a cooperative manner and stating a different version of the matter.

Putting pressure on the liable motorist is always a good idea, especially if they decline to enter into any correspondence or engagement, saying it is handled by the motor insurance company.

The insurance company isn't a party to a claim in legal terms, but in practical terms in South Africa they act as a party, throughout the power contained in the insurance policies.

	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

Finding common ground for a settlement agreement triggering pay-out

All a claimant or victim of a car accident wants, getting paid for damages to property or vehicle.

Disputes about the cause of the accident, the degree of negligent or being at fault, contributing to the traffic accident, are common issues of disagreement, in South Africa.

In order finding common ground for a settlement solution, if the claim is not just been accepted, the arguments are to be looked on, in detail.

Once all the arguments have been exchanged and evaluated and still no amicable solution could be found, the possibility of compromising will be available to all parties.

A compromise may be found well within a direct 3rd party claim, negotiated between the parties, but it may be much more difficult, or often just not possible, getting a compromise accepted by South African Motor Insurers.

Even if the parties are not very much in favour of "foul" compromises, it should always be looked on a possibility and basis to settle. Certainly it's not advisable to accept solutions, which are so detrimental, to what you feel or know, is your fair expectation. Compromising should be evaluated, if the differences are acceptable close. Settling to the right time, can bring the motor car accident story to a better end, as an endless struggle through the instances.

Should no such settlement or compromise could be negotiated and concluded, the only way forward can be a legal action in a court of law.

Fighting disputes on whatever level in a court of law, pusuing a claim for compensation, will entail hassle, being time consuming and bears possibly costs.

There is no general rule, when it may be the best to compromise or to go on with a claim.

Having a better chance achieving a more favourable settlement, will probably mean taking support from experienced service providers in motor accident compensation matters.

It may well be wise, spending a part of money from the amount eventually rewarded, once the claim is paid, investing it in the right legal support, to the right - earlier - time.

It isn't only of taking advantage of specialised knowledge, it is even getting rid of all the work and hassle, coming with the pursuit of a car accident claim, when letting it performing by external experts, dealing with motor car accident damage claims, on a daily basis.

At the end you may still have more money in your pocket, as if missed out the chance of a settlement, as to lack of experience and determination.

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Prepare for legal actions in a court of law, if no satisfying settlement can be achieved

After being through the full process in serving demand, delivered proof and evidence, entered in exchange of arguments, in pre-litigation (all before a court action is needed) and no acceptable solution could be arrived on, it must be decided taking the matter forward or giving up on the claim.

Once all needed is done, and all avenues taken hasn't delivered an acceptable settlement, legal action in a court of law must be considered. The only way forward will be, initialising legal procedures in court, other than to give up and pay your damages out of your own pocket.

Depending on the content and positions the parties have taken before in pre-litigation, it may well be the case, that the parties accuse each other reciprocal, which means the matter in court, will be one of continued dispute.

In order preparing the matter for the pursuit in court, the evidence and facts need to be reviewed by the legal representative selected for court actions. Based on such evaluation, the claim should be launched or not.

Both the parties can take the dispute to a court of law. It only depend on facts and evidence if you e position of a party is a comfortable one.

All claims emanating from one incident needs to be dealt with in one action, so it cannot be the case the Insurance Company paid the insured, but fall short, act to recover from the other party and the insured, dealing with the shortfall, initiate a separate action.

Motor insurance companies that paid its comprehensive insured client will often consider claiming against the other party in a recovery claim, not mind to go to court. Those institutions are well prepared and will not stop, just facing some costs for the action.

The can however be stopped relatively quickly, if the common lack of evidence they do have to proof, will be exploited and handled the right way. RAMLA has done so in many cases, for clients.

Taking the route and going for legal action in a court of law, certainly must not be understood; just going to court will make it. Going to a court of law, having chances of success, means one need to have strong arguments and the support of evidence, in favour of the action. The judge/magistrate will need deciding a case on the balance of probabilities, meaning to which side the overwhelming or majority evidence is shown, will be in favour and win the case, partly or fully.

	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

Service of a summons to the other party suing for payment

A summons is one of the first initial options and an action opening a legal case in a court of law.

The document will be drawn in a format according to court rules, singed and then issued with the clerk of a civil court. The clerk registers (issue) the document and gives it a case no. After launching the document in court, it must be officially served. The service will be performed by the sheriff in charge for the area of residence of the defendant (demanded party).

Having served the summons, the sheriff returns the copy of the document to the plaintiff or his/her representative.

A person served with a summons, can now decide to oppose or accept the action, by declaring defence in a stipulated time frame or accept the claim.

The service of the summons will not automatically set up the process in court and further actions, prescribed in the rules of the court, need to follow.

If the sued person or company does neither of the two actions, accept nor defend, it will constitute a default in procedures and the plaintiff can apply for default judgement and later for a writ of execution and execute against the other party or defendants property.

In a case the defendant declares defence against the allegations, a legal process must follow, if the plaintiff decides to go on.

In terms of demand for motor car accidents, the service of a summons will demonstrate the vital determination of the party, claiming damage compensation to take the matter further in court for an independent judgement.

All parties regularly, but the defendant in the action must now look for legal advice and potential costs for the defence already kick in.

The sued party and/or the legal representative must evaluate their position now in depth, deciding if there will be a chance of positively defeat the claim. Lawyers dealing with motor car accident damage claim or other experts in the field of recovering motor collision damages will advise the client about the chances and risks.

Once the case is examined, it may well be the case, that the parties arguments for dispute or dening the claim, are not acceptable or not relevant. They do have the choice now, finally making up the mind and evaluate, if it is opportune and worthwhile to fight the case.

As the evidence will be regarded more in favour for the plaintiff and it appears hard to withstand the claim, the demanded party may decide to accept, or enter into other measures to settle, or seek more common ground to find a compromise. Be aware that compromises can be reached at every step in a claim, even if court actions are under way.

It will therefore be very advisable to serve a summons, as the costs are calculable, but clearly demonstrating the willingness of the claimant, taking the matter further.

The service of a summons can trigger the other party to settle. On the other hand, the full legal process is due to be pursuit. However the process must not automatically taken further, as the party serve the summons in the hope to wake up the other party, can stop legal actions, should there be positive engagement, after the service of a summons.

	Should you need support for a legal action in a court of law, contact us. 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

The nature and complexity of a legal matter in a court of law

A legal action in a court of law is a process according to the rules of the court.

Not following or abiding to the rules, can easily trigger default judgement, meaning a judgement against the failing party, which can later be executed.

Those rules are complex and require knowledge of the procedures. As there is the opportunity for a layman in law, privately initiating the process, issuing and service a summons at lower court levels, it will be a challenge to pursuit a claim in court, without legal representation and will certainly not be advisable.

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read more about:   Accident damage claim against uninsured car drivers

	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.

RAMLA Expert Partnership


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

Legal profession

Panel beater or auto
     body repair workshops

Independent vehicle
     damage assessors

enhancing mutual business at no cost to either side.

Please follow the link to the industry above to learn more about the offer.




SMS "network" your name and industry, place of business to 076 770 3179
and we call you, or send to
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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