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The RAMLA web pages are designed to supply you with valuable information's to sort out material motor car accident compensation cases occurred in a traffic collision on South African roads.
You will find a lot information that can help you to claim for damages or to deal with disputed motor insurance claims and even to defend you, if you face an inflated high and unreasonable claim against you.
On your way looking for a professional car accident damage assessment, to quantify and calculate your traffic accident damages occurred one of the provinces of South Africa,
Gauteng - Freestate - Northern Cape - Limpopo - North West - Mpumalanga - KwaZuluNatal (KZN) - Eastern Cape - Western Cape -
you found the RAMLA web pages giving you some ideas about the pro and cons of an independent damage investigation and what you should look on to get a reliable accident damage report, helping you to proof the material claim, against the liable party or the motor insurance company.
Even if you are located in one of the mayor cities of the country such as Cape Town - Bloemfontein - Johannesburg - Soweto - Pretoria - Polokwane - Durban - East London - Port Elizabeth - or in the wider areas around those cities or wherever in the county you are,
RAMLA (Road Accident Management & Legal Action) can support you with various service options nationwide.
Working with RAMLA will of course be the most comfortable and economic support in pursuit of a legal compensation claim, whether against a 3rd party or directed to any motor insurance company in South Africa.
Motor car accidents happen on a daily basis, and in all the South African provinces, wherever you are, in Gauteng - Freestate - Northern Cape - Limpopo - North West - Mpumalanga - KwaZuluNatal (KZN) - Eastern Cape or in the Western Cape.
In the several provinces you find differences in the level of risks, according to traffic density, conditions of the roads, day and night times, weather conditions and many more.
A motor car accident rarely does happen just out of one singular fault. Mostly more influential factors and other negligent actions must get together causing a traffic accident at all,
when driving through Cape Town or Kahilitsha, Paarl, Parow, Calvinia, Springbok, Vredenburg, as Port Elizabeth, but not just there.
In all our South African cities and even in rural areas, are risks by travelling a vehicle on public roads. Be aware that most accidents happen in your very near neighbourhood or on your daily way to or from work in your home town Middelburg, Graff-Reinet, Somerset - East or Somerset West, Grahamstown, Bisho, Zwelisha or East London, due to the facts that one who is very familiar with this routine, will not be on the alert level one should be.
You can minimise to be dragged into an auto collision, if you concentrate on the traffic, abide by the basic precautions and don't contribute negligent in driving, by let's say texting or telephoning behind the steering wheel.
But even if you live in other small towns or mayor cities such as Umlazi, Durban, Pietermaritzburg, Potchefstroom, Port Elizabeth, Knysna, Krugersdorp, Oudtshorn, Mossel Bay or Worcester you have to be aware of the danger by making your trip.
Other road users may not be up to their best abilities, be drunk for example or driving a motor car that better should not be on the road, as it is not roadworthy and so poses risks to other motorists.
Just participate in local traffic within the towns and villages as Roberson, George, Kimberly, Rustenburg or Mabopane, you can be caught up in a vehicle crash at all times, despite you may drive carefully and respect the rules of the road. The other party is always even your risk.
Minimising the probability to be caught up in a road crash, especially in bustling cities such as Pretoria, Johannesburg, Soweto, Germiston, Rustenberg, Welkom, Bloemfontein, Polokwane , Durban or Cape Town, where high volumes of motorist getting along all day, the risk to be involved in a car accident is much higher than just travelling in quieter areas as Klerksdorp or Mahikeng.
The best will be, if you are on high alert all the time you drive a motor car. Taking care of keeping proper following distances which is a very good measure not to be involved in car accidents,
when you on the roads of Kimberly, Queenstown, Beaufort West, Prieska, Upington, Vryburg, De Aar, Belfast, Bethlehem, Kroonstad , Harrysmith, Mabane, Nelspruit or Ermelo.
In huge metropolis as Johannesburg or Cape Town where you deal with rush hours when commuters get to and from work in the morning and evening hours, the danger to be trapped up in a motor car accident are explicitly higher as to other traffic times.
If you have been unlucky dragged into an auto accident caused by another one or more motorist who drove negligent, not abiding the rules of the road or even careless and subsequent suffered material damages to your motor car, you want that the liable party pay compensation you for losses.
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If you do have any problem with a South African Motor Insurance, Broker or Claim Adjuster in attending your claim, just let us support you.
Motor car accident disputes with the insurance companies, regarding a compensation claim, directed to SA motor insurance company, are common in South Africa. Lots and lots of claim disputes arise on a daily basis.
Car accident lawyers and professional claim managers . . .
to analyse, support and pursue your material car accident claim, effective and economical, nationwide in South Africa.
You will find a lot of useful information on the RAMLA (Road Accident Management & Legal Action) web pages.
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RAMLA offers:
Free initial claim - dispute evaluation and advise in regard to a motor insurance issue
Free case analysis
RAMLA offers a first free analyse into the details of a particular motor car accident, in order advising what will be your position, your aspects and the recommended way forward.
After checking the brief information - we like you to supply us with via email,- in order to determine the situation, especially the question of causation, liability and subsequent responsibility for compensation under South African traffic legislation and circumstances.
In cases of a motor insurance disputes, we look onto the merits and the reasons leading to the dispute, in order to advise.
What is needed to do so and best submitted via email to ramla@ramla.co.za will be:
1. Brief information what had happened, the road situation, arguments others may utilise, your position/point of view of the matter, you look for initial advice.
2. A reference to damages and values are appreciated or one or two pictures of the damage may be submitted, so we can check about the rough damage value.
3. Probably a sketch of the scene of the accident, showing all the vehicles involved in positions - before - at impact - after impact (still stand) and further display important road marks, traffic signs, robots etc.
Kindly make sure you give us your initial briefing in your own words and don't just forward a full set of dispute information to be scrutinised, as this isn't part of the free advice offer.
Please further make sure your attaches do have a reasonable size, especially pictures, as some devices today take exorbitant and absolutely unnecessary high resolution pitures.
Contact RAMLA by following this email link Contact and secure a swift and free first advice, returned to you by email.
Should you want to know before you contact? Follow this link to more info.
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There are lots of terms on what reasons South African motor insurance companies reject, deny or repudiate to attend a damage claim.
Firstly seen, there are arguments citing a breach of the insurance terms, meaning the car insurance company tells you, that you failed to comply with one or another term of your policy duties. A breach of the motor insurance policy terms you can be accused of are, dishonesty or short payments, negligent behaviour that you violate the rules of the road by telephoning as driving, being under the influence of alcohol while driving, or having an not roadworthy vehicle illegally on the road, up to the argument that you are not a legitimate driver, or did not disclose that the vehicle is relocated from the area of your residence to another for a longer period of time and unfortunately much more.
They say you have withheld them the opportunity to calculate the risk insured with you to the true circumstances and therefore reject the claim.
Facing an insurance dispute with a motor insurance and having the claim dismissed, which is an easy way for the car insurance claim negotiator in honouring his task to reduce compensation claims to the absolute minimum, by rejecting a claim at all, if there is the slightest possibility to do so.
We don't say that this is what you always need to expect from your insurance company, but as soon you are classified as a more severe risk, resulting out of claims before, it will be more likely facing them to get away from your new claim. A so called - good risk - if you did not claim before but paid the premiums for some time, will make the insurance company to be more generous not to look into all they probably can do, not to lose you as you are still deemed an acceptable risk.
Other car insurance problems that may lead to a dispute can easily be caused by the motor vehicle damage assessment. If the findings of the damage and stated in the assessment report are not correct, you need to oppose and combat the stated outcome. Most often the insurance company take the - often party friendly - findings of a vehicle assessment as basis for any settlement offer and frequently even reduce such numbers stated in the assessment report by standard approaches to certain percentages etc.
Luckily you don't need to accept all your or the insurance company of a 3rd party tells you, but you need to be prepared to repudiate the arguments brought forward and proof them wrong.
RAMLA handled lots of such claims for clients/members to be compensated full and fair.
Only a part of those insurance claim disputes are referred to the RSA ombudsman for short term insurance.
As the ombudsman can only deal with car insurance claims that arise out of a contractual - motor insurance policy - dispute between the insurance company and the insured and is not dealing with 3rd party insurance claims.
Due to a release from the ombudsmen's office, hundreds of claim disputes are coming in daily and times to attend an individual complaint became longer and longer. The same publication confirms that the ombudsman's office is understaffed to deal with the rising numbers of insurance claim disputes.
A noticeable number of motor insurance disputes cannot be dealt with by the ombudsman. These are the 3rd party claims where the victim claims from the perpetrator.
Any dispute that derives from a car accident claim against the liable party and/or the motor insurance company on behalf of the insured, to compensate the motor vehicle accident damages must be dealt with in the appropriate manner and according to the law applicable.
If your case will be one of those where the motor insurance company reject, deny or do not offer fair and full motor accident compensation, you should enter into a dispute resolution with the motor insurance company. But don't expect too much. It will be a hard and you need to be persistent.
This is by far not an amicable claim. Most differences with a South African motor insurance company are based on the findings of the motor insurance vehicle damage assessment. Lot of those party friendly damage assessments are not acceptable for the victim of an accident and can be caused on a number of issues dealt with in the motor vehicle damage assessment report.
If you find yourself in such a case, you should not hesitate to look for experienced support as it will be not a walk in the park to finally get the motor insurance pay what is fair and correct.
To our experience the insurance claim negotiator or whatever the tittle will be, may be stubborn insisting on the position he is directed to follow, even if very obviously being wrong, the tactic is that you simply give up to end the saga and cut your losses.
But is that really the way to go, accepting a significant shortfall of compensation only to end the story?
You can always consider mandating RAMLA with your motor insurance claim dispute, for professional, effective and economically very favourite conditions.
Insurance companies offer you motor car insurance cover, to take over the risk for car accident damage compensation payments, when the insured is involved in a motor car crash.
When a motorist must compensate a 3rd party for auto accident damages or have to repair own vehicle damage, the insured can claim from his/her insurance policy according to the individual schedule.
There are a lot of different insurance companies in South Africa and all offering a variety of insurance cover, thought to different terms and condition in specified insurance tariffs.
Watching the insurance company's adverts offering its insurance cover, one must be under the impression that nothing is easier, cheaper and more favourable, as to have motor car insurance.
Indeed motor car insurance is a very useful tool, but the insured must be on alert all the time to keep all records up to date and always have the premiums paid in time.
Motor Vehicle Accident
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.
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Recovery claim against the deemed liable Motorist - after Motor Insurance paid its comprehensive insured client
Defence against an Insurance recovery action, if unrealistic or unreasonable
A recovery claim is an action of someone (the insurance company commonly) to claim back money they paid to another (the insured) as to contractual relationship (insurance policy), whereby the Insurer and/or the Insured or party may claim, not be liable or causing the accident.
Claiming the one against whom the recovery action is directed and therefore alleged to be liable to pay for the damages he/she caused, in order of recovery for the money which have been paid to those beneficiaries by the Insurance.
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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
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A recovery claim isn't anything else as an action for compensation.
Starting such recovery action, the one demanding should supply the one or more selected wrongdouers to pay for damages, with a proper letter of demand (LOD) as everybody is obliged to do so by law, before taking further legal action in a court of law.
The demanded parties, not in agreement with such demand, should engage right now and adress the position of dispute or decline, to the claimant or the representative.
It can help very much, if a knowledgeable MVA (motor vehicle accident) expert or attorney will be engaged in order to decline the claim substantially.
Should the demanding party not listen to those arguments and go on with legal action in a court of law, which commonly in such matters starts with the service of a summons, a full defence is needed and it must be abided to the rules of the court, not to risk judgement in default just on technical issues.
Your specialised expert to sort out MVA matters
Professional - competent - swift - decisive and affordable
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Recovery claim against the deemed liable Motorist - after Motor Insurance paid its comprehensive insured client
Defence against an Insurance recovery action, if unrealistic or unreasonable
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A recovery claim is not different as an ordinary traffic accident damage compensation action.
Certainly even a not insured victim suffered damages, another is liable for, by the causing the traffic collision, is entitled to make a claim against another, in its own capacity, or if the insurance company don't do so, to the satisfaction of the victim.
But it isn't permissible under South African law that two separate actions are brought, for one and the same matter.
If both the party's will be insured, against car accident matters for cases of such liability's, some insurance companies have entered into a mutual agreement called - knock for knock -, meaning they don't claim against each other to recover damages paid, in the trust that on the long run the agreement will work out fair, equalling the losses. That means both insured may not face any recovery action.
However it can be seen, that more and more Insurers retreat from the agreement and claim what they can, in order to bolster its own balance sheet.
Defending measures against a recovery action
Facing such recovery action and not happy with what the claim will be about, either disagree that it is correct to put the liability for the car accident on to you, while you're convinced the other was at fault, or feeling that the compensation reclaimed is unexpected high and inflated.
If that will be the case, one must look at the proofs offered, if any, to evaluate the claim and/or deny and rebut it. Should no proof be supplied, despite demand to do so, the recovery action should be denied, unless such evidence is provided and checked to be found correctly, or otherwise the denial stays in place.
Any party can simply deny a claim, as some motor insurance companies do, with not much effort. A simple decline will do in the first place. The other party then must decide taking legal actions, in a court of law and as a claimant, proof the facts on a balance of probabilities in their favour, or lose the case as to substantial arguments, brought by the defendant.
It should be noticed, that neither party can be forced accepting any liability or pay for damages, if the other will simply deny. No attorney or insurance, party or private claimant does have the power to compel some other party to accept what they claim; only a court of law does have the power to do so, after a full trial when handing out the order.
It may however not be very clever in just deny a claim. It will be much better engaging in an attempt to sort the matter, putting forward proof and arguments, why a claim will not be acceptable, and possibly a counter claim be launched to underscore the own demand.
Getting into a court of law, processes will come with a stringent procedure to be followed and if a person will not be capable and knowledgeable to pursuit a case on its own, it will need legal assistance.
Such external legal assistance will always come with costs, and there will always be risks in claiming or defending a legal action.
It can take some time before such "recovery claim" is initialised by the insurance company that paid its client already, before the compensation claim eventually is served to you. A years' time isn't uncommon, but the time period a recovery claim can be launched successfully, is about three years.
Being in the position rebutting any such recovery claims, one must be in possession of suitable proof to underpin evidence, in due course of the defending action, even after such possible long period of time.
It will nearly be impossible to gather sufficient proof and establish evidence for a defence, if one miss out doing so in time and at the scene of accident. The evidence must even be kept in a file, readily available even over such long time. Some don't do so, as they never have expected such recovery claim.
Without having secured and documented the circumstances it will be hard, if not impossible, to stand against such recovery claim.
But luckily even the Insurer is dependent on what kind of evidence the client has supplied. Commonly it is a rather weak than strong evidence and very worth to defend the action as just only accept such demand without much of engagement.
If you are in possession of the data and facts and documented it fairly, RAMLA can support you in a fight against a recovery claim.
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Declining or apportioning a claim for motor vehicle or car accident damages is just too easy. Any such decline or other disputes about the cause and liability for the traffic accident, may cause some problems to sort out. RAMLA is a specialised expert for MVA solutions sorting out or resolve problems which ever type they may be.
You are welcome to RAMLA. Login on to a web page and looking for information's how South African motor insurance companies act, indicates that you do have a problem already, with one of those companies.
Differences or disputes can arise easily and may be based on a lot of different aspects or factors.
Sometimes a compensation claim, to get your car accident damage paid for, may get alone smoothly and without hassles, but certainly a high number of disputes with South African insurance companies, arise on a day to day basis.
Motor Car Accident, in South Africa?
You want your car accident damages being paid for and receive your material vehicle accident damage compensation for destructions, suffered in a traffic accident on South African roads?
You are welcome to contact RAMLA to receive free advice after a free accident fact check to determine your position.
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 short circle -.
For best results contact us by email initially, give us an idea of the incident, attach one or two pictues 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 repudidation letter, of give us the reason for the rejection and name the Insurance Company.
Should you like talking to us (phone contact displayed below), do that after the initial email briefing, but keep in mind even we need some time to check about your matter first.
You are welcome to utilise such valuable absolutely free inital advice. *
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| 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.
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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.
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 to explain 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 therafter.
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.
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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 is a specialised expert in material car accident damage claims,
demanding, enforcing compensation actions, supporting disputes with Motor Insurance Companies or its agents, work in Ombudsman's 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.
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RAMLA offers full legal support to solve car accident claim, a comprehensive claim preparation and action to enforce compensation, all the way up to a court case.
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Defence against a recovery action, after a letter of demand is received
A letter of demand can come through a number of channels, email, registered letter, ordinary letter, hand delivered, or even served by the sheriff of the court. Most important for the sender is to proof the letter of demand (LOD) has been served and could have been attended.
There are a number of layouts or content such LOD can come with. Insurance companies sometimes just call an ordinary email, fitted with a note that this is a letter of demand, and only lay out someone is supposed to pay an amount of money, without given reasons, evidence or facts. Such letter of demand is very weak and should not be accepted just as it is and challenged for details, facts and supporting evidence.
Any form of LOD or letter of demand for the pay of motor car accident damage compensation should be attended to, in order to find a solution, before matters have the chance to escalate to a court of law.
Any unreasonable or inflated recovery claim should be defended.
On can choose ignoring the letter of demand and just put it aside, hoping that was it. Unfortunately that isn't the best way to get along given there is a reason, not to accept such recovery demand.
If the recovery demand however is fair and reasonable, but financial funds are hardly available to pay a lump sum, a payment plan should be negotiated.
Should there are funds to be mobilised, it has often been successful to negotiate with the party recovering. A better settlement agreement, or discount may be negotiable. It has been seen successful, especially if the action is initiated by Insurance Company, as some substantial money can be saved, by agreement to avoid further actions, which the Insurer commonly not favour over an acceptable compromise.
An unreasonable recovery action however should be opposed. It will not be as good as just saying - I don't agree and I am not liable. But the onus of proof is on the party who alleges, so in this case the Insurance Company. It will be a good measure to challenge the Insurance Admin to adhere to such obligation and lay out in detail what is claimed and why.
Having such detailed information, point for point need attention and be addressed, in order to rebut the allegations.
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RAMLA will be your one-stop car accident claim service in South Africa
contact us for support in recovery of your MVA damages
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Defence against a recovery action, after a summons is formally served, there will be high danger getting trapped into default, and defence must be attended . . . . very, very soon!
The service of the summons, performed by the sheriff of the court, is the first step being involved in official legal actions against the person served on. This is a serious step and need immediate attention, if one doesn't want loose out just on technical terms, not knowing how to proceed.
After the receipt of the summons, initially the intention to defend or acknowledge the claim action, must be filed with the clerk of the issuing court, within 10 days after receipt of the service.
The summons will entail a section providing for such declaration or if a legal representative is mandated, be filed by them.
Thereafter the rules of the court and the law need to be followed. The process in court can certainly not be explained in a sentence here on the web pages, as professionals had to study and practice to have the appropriate knowledge.
What can be said however, leaving the matter unattended, will lead to a judgement in default, which can trigger executions against the property of the person/persons default judgement is obtained against, once the suing party received a writ of execution.
This can lead to put hands on salaries or wages, confiscate property, to auction such, for recovery of money to pay the amount and costs/interest, emanating from the default judgement.
It will be too late to reverse matters easily, if possible at all, if a default judgement is filed and it is therefore urgently recommended to act immediately, once the matter is pending or active.
Entering defence will be especially recommended, if an Insurer is the driving force of the recovery action, as by chance, those cases often coming with weak evidence.
Otherwise it would be a missed opportunity, if matters will be let go without defensive or counterclaiming reactions, let alone not to repeat the negative impact of a default judgement.
Support in such defensive action, given there is room to argue, can be obtained from specialised experts in MVA matters, such as RAMLA (Road Accident Management & Legal Action) or local Attorneys, dealing with motor car accident matters.
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If your business operates in tangling industries to motor car accidents and you like to have exposure on the RAMLA web pages in this column, simply contact us with your request.
RAMLA further offers a link exchange, if we mutually agree that it will be a benefit.
RAMLA Expert Partnership
Become a local partner of our Nationwide Network of experts in adjacent industries, such as:
Legal profession
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body repair workshops
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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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partner with RAMLA
Towing any vehicle to safety, after a traffic accident, will be ideal to promote RAMLA highly economical and outstanding claim service to enable the party to claim or defend for material motor car damage compensation, and take part in RAMLA rewards program.
Conditions for free first claim analyses:
RAMLA offers first free analyses of your motor accident case, in order to enhance your confidence.
Therefore some data and material will be needed to submit to RAMLA for an individual reply. In such circumstances, RAMLA will have the free copyright to publish case information and of photographs on our web pages, designed to inform others about real instances, without exposing your private data.
The content of the RAMLA web pages has been put together with outmost care and will be improved constantly. The information given is designed as information platform to solve motor car accidents problems in South Africa.
Any advice taken from the web pages or drawn from a free first analyse of your individual case, does not constitute any legal advice.
RAMLA cannot be held liable for any damages on whatever reasons out of the above, if the information given will be wrong, incomplete or misinterpreted.
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