Don't be fooled - badly treated - and do not accept unfair Settlement offers - from any South African Motor Insurance.

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

Motor Insurance cover gives an insured some protection against the risk of car accident collisions in public traffic for compensation of damages caused in traffic accidents. But by far not all claims will go through smoothly. Be aware of a variety of possible obstacles.

Obviously there are differences as how South African Motor Insurer handles compensation claims. There are comprehensive insurance cover policies and 3rd party cover contracts. The comprehensive cover safeguard both - damages to own property, such as the insured vehicle and the 3rd party damages - as third party cover only indemnifies the insured against claims made from other parties for compensation of destruction out of vehicle accidents, they are deemed to be liable for.

While the outmost important task for a comprehensive insured motorist is to maintain and adhere to all obligations concluded with the policy contract, not risking problems if it comes to claim for damages, 3rd party claims are more vulnerable to deep scrutinising of circumstances and subject to defensive actions or short falling settlement offers.         Don't compromise without good reason!

Motor car road traffic accident damage recovery, is what our subject is all about.

	Below please find some issues and occurrences of common interest, listed and linked. Car accident issues that matters most:

	facilitating a claim       claim against the liable party causing the car accident   enforcing full and fair compensation . . .      insured driver/owner      not insured motorist      3rd party claim      reluctant party

	value of damages    Calculation of damages    Quote or assessing    severe damage -       write off - total loss,       scrap, salvage

	Insurance claim evaluation, decline, dispute          3rd party claim    comprehensive claim       violation of terms (t&c)       in regard to investigations    declined claim    insuficient settelement    Apportionment    Precedent / case law    Defend Recovery Action

Should you do not find the issue you are looking for, contact RAMLA (Road Accident Management & Legal Action), as one of the most experienced experts in matters of car accident damage recovery claims.

We however believe the issue in question will be found on one of the other pages on the

RAMLA comprehensive MVA - motor vehicle accident - Information Platform,

but as we haven't installed a search function, rather contact RAMLA, instead of waste time for a search.

There are sections in the main top selector, such as claim, assessment, legal and insurance matters; you may navigate to find what you're looking for.

Car accident damages as result of a traffic collision, always gives task and commonly hassles, unless one do have a compressive motor insurance cover that lives up to the promises made.

But unfortunately, that's not always the matter and if ordinary South African motorists are asked, if they believe and trust a valid claim is a guaranteed matter, one will hear a number, if not the majority of those questioned, doubting that it will be so.

	Issues with South African Motor Insurance companies

Should a matter be taken to a court of law?

Most commonly the overwhelming number of disputes or claims can be solved in pre-litigation, but if no amicable solution can be found, matters sometimes need the escalation to a court of law to be solved.

It should be noted, that most of the deciders of claims, (insurance claim admins, claim evaluators or technicians, however called and other representatives, regularly do have no certified legal competences.

This means the decisions made to either accept or deny a claim are performed by persons with experience, but often not applying a legal background, taking all facts in consideration, but all too often rely on party statements, without a check on the balance of probabilities if that point of view may represent the correct situation, or act biased as to benefit schemes or other incentives, declining claims to cut down on compensation pay-outs.

Approaching a court of law give the certainty to have the case evaluated to the laws prevailing in accordance with the particular applicable situation, and after analysing the parties written arguments exchanged in the pleading phase of the trial, hearing the plaintiff and the defendant, as well as witnesses and thereafter the judicial officer will come to a decision, making it an order of court.

It is obviously clear, that such comprehensive analytic process will be by far better, than just accept an unjust decision of a person in charge, neglecting the basics of fairness to look onto a claim unbiased.

It may therefore be fairly well to accept the initial costs, coming with a legal action in a court of law, but given the evidence is supportive enough to convince the court on the basis of probabilities to decide in favour of the party, to get compensation and a refund of costs necessary to pursue the claim in court.

If you do have any problem with a South African Motor Insurance, Broker or Claim Adjuster in attending, pursue or decide your claim, just let us support you.

Motor car accident disputes with Insurance Companies, regarding a compensation claim action, are common in South Africa.

A high number of car accident compensation claim disputes arise on a daily basis.

More often than not, it will need some understanding, expert knowledge and experience in handling a case, to have a successful outcome.

Contact RAMLA - for a free first check of your particular issue, if you are struggling to be compensated fair and full, preferred by email to

   accident@ramla.co.za

Should you like knowing how RAMLA works for you and/or what you should provide us with, for a free first analyses check out:

   RAMLA contact Info

Car accident lawyers and professional claim managers, enforcing traffic collision damages.

We are specialised expert's in all respects to motor car accident damage compensation claims or defence actions.

RAMLA works in claiming damages, defending against unreasonable or inflated compensation claims, acting in Motor Insurance disputes, regarding car accident compensation matters, over a long period of years.

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

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

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



You will find a lot of useful information on the RAMLA (Road Accident Management & Legal Action) web pages

Confronted with the need of defending against inflated claims, it isn't as challenging as perhaps thought and worth doing so.

Utilising the right knowledge and decisive defence action, most unreasonable demands can be solved or stopped entirely.

However proper defence against such unreasonable vehicle accident compensation claims or actions, will be crucial

Contact RAMLA - for a free first check of your particular issue, if you are struggling to be compensated fair and full, preferred by email to

   accident@ramla.co.za

Should you like knowing how RAMLA works for you and/or what you should provide us with, for a free first analyses check out:

   RAMLA contact Info

	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.

It may well be you struggle to motivate a motor insurance company in South Africa, to pay your claim for Car Accident damage compensation, which may be on disagreement, rejected, dismissed or repudiated.

Merely the hope or trust to receive a fair and full compensation will generally not get your there. Inevitably you need adamantly being behind the claim to have success at the end.

	RAMLA will be your   one-stop car accident claim service   in South Africa

When you receive an unacceptable settlement offer from an insurance company in South Africa to compensate you for car accident damages, you most probably need help to get them going further and to accept the 3rd party motor damage claim, or your own claim, based on the comprehensive motor insurance cover you concluded with the car insurance company.

We all know that lots of traffic accident victims, involved in a car accident on South African roads, try hard to solve the vehicle accident compensation matter.

Some motorists work hard to get fair compensation in dealing with the other parties on their own, before they look for support, if no amicable or even any solution can be achieved.

Fair compensation is achieved, if you will be able to repair your damaged motor car in a traffic accident, comfortable to the state it was in before the accident occurs and that should be done in a reasonable time frame.

Those are the basic needs any car accident victims want to see achieved.

South African law reflect just this as it states generally that the perpetrator will be liable to pay for the motor car damage to be repaired to the state the vehicle had been, before the accident impact.

Unfortunately the common experiences with motor car accident claims is, that much too much time is consumed before any kind of settlement will be reached. Due to a lack in South African law, that not all of the motor accident victims are entitled to claim for car hire expenses, as this is presently restricted to just business/earning needs, meaning only if one uses the vehicle to directly perform the job or business, will be entitled to car hire compensation.

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. Salvage - Scrap - SMD - disposal

Your specialised legal expert to sort out MVA matters                   Professional - competent - swift - decisive and affordable		Road Accident Management & Legal Action The first stop solution for any MVA problem

- Salvage of a vehicle - Scrap value - SMD ?

Motor car accidents that ends up with huge damages to a motor vehicle, will be assessed and checked on several issues, in order to find out if a damage being economically repairable, or if it may be a so called write off qualification.

Write off means, professional repair cost will exceed the fair current market value of the particular vehicle, or as the law stipulates, the value in monetary terms the motor vehicle been economically worth, before impact.

Once damages to the vehicle has been assessed and found that the repair cost of the vehicles accident damages will exceed the value (amount of money) the motor car, it had been worth to its pre-collision status, the result will be the vehicle will be "written off", which means not to be economically worth being repaired, in a professional and proper manner, according to factory specification.

One of the challenges in analysing the real "write off" will be the correct application of the current market - pre collision - value and of course the amount of money applied to be deducted as Salvage from any compensation pay out.

In a case dealing with a person, uninsured against accident damage claims, that may not be the big issue, as often fairly cecked in the real market, but in dealing with motor insurance companies, it may well be one.

In terms of deciding on market value, often t hose listings made for 2nd hand vehicle dealers will be used in some modified way to establish a theoretical market value, not always correct or applicable, but often not worth to fight about.

In determination of Salvage value however, it appears to be incorrect in many cases, if not in the majority of all.

We find it very strange tat not more accuracy been taken into account to calculate the real scrap value, which is the amount of money the real economy will pay to buy such damaged car.

Finding salvage value listed in an assessment report or settlement offer, been made out in some percentage of the assumed market value, one should instantly be on alert, as often such applied value may not be correct and as part of the compensation, can easily lead to shortfall in pay out, if accepted just as is.

Any Salvage value in percentage below 20% and above 35 to 40% of te market value/pre-collision value, can most likely be inappropriate and should not be accepted without proper double check, best be done professionally and supported by a finding report.

However, the real value of any Salvage or scrap vehicle, will only be determined, if it has been offered for sale to a willing buyer.

In a dispute about the correct salvage value, it should be offered to more as just one potential buyer. Get any offer, even if it may be of so little value that it appears to be unacceptable, in writing - email is fine, but it should have the information to positively identify the potential buyer, to verify the offer, if a dispute needs to be solved, in a review or in Court.

	RAMLA can help clients in all MVA matters to solve problems professionally, claims, disputes (3rd party / comprehensive Insurance cover), review of declines with the Ombudsman (OSTI) and defensive actions against unreasonable or inflated claims, professional - affordable.    Contact RAMLA for your support to have a damage claim paid or defenced.      Contact

There are two major differences in the way an Insurer may deal the disposal of the damaged car or "Salvage".

1. The one Insurer may want to take over the scrap and supply it to any kind of SMD or scrap dealer based on a general contract, as to which the buyer (SMD or scrap dealer) pay an upfront agreed percentage of the market value to the Insurer. The cover will then pay out what is due to the victim, without having him/her in trouble to deal with the disposal of the scrap, which may well be a challenge to get from the market, what the Insurer has put on a price for it.

2. Another Insurer may fight tooth and nail not to take any disposal of such wrecks, but apply a value to the Salvage, very much often just a undisclosed and not verified percentage of the market value, letting the victim with the challenging task to dispose the wrack for just such amount, which often turn out not to be market related and to a high percentage just too high, leading to curb pay out and a shortfall of accident compensation for the victim.

Traffic accidents causing car damages happen every day on our roads, in South Africa. The challenges to get compensation for destruction to a vehicle or motor car are different, as to the circumstances and situation.

A short breakdown of the headlines on this page will be found by just scrolling down a bit. Those information's given are of a general nature and it may not always explain or suggest a perfect solution for a particular matter.

This is why RAMLA - Road Accident Management & Legal Action - offers a first free analyse and response to persons, faced with motor car accident compensation issues.

RAMLA is a specialised Expert in all MVA - Motor Vehicle Accident - matters and our work is focused just on solution to get compensation paid, Insurance disputes solved or taking defensive measures against unrealistic or inflated claims.

We may well be one of the most experienced experts in MVA compensation matters in South Africa. Anyone having a problem within the spectrum is welcome to contact us.



More how contact RAMLA, in what way best to do and what we need knowing to reply

	Salvage and Scrap are important factors regarding compensation When is a motor vehicle correctly called a write off Dealing with scrap or salvage in terms of damaged cars Scrap dealers - SMD - Salvage Management and Disposal        Towing and Storage Cost and possible repercussions        Right of Retention not releasing a vehicle Value determination and disposal of the wreck Headlines and Issues on this page Contact RAMLA for a free fact check and advice

When can a badly damaged motor vehicle correctly be called a write off?

This crucial matter should not be underestimated as it can make all the difference, if a vehicle may be unreasonably called a write off.

Damages caused in motor car or traffic accidents can be severe but repairable and more badly or difficult destructions, may be as intensive that the tasks and costs to repair such damages be so immense and costly, that such repairs would take more money to do repairs, bringing back the damaged car to the state it had been in before impact, as the vehicle be worth in the undamaged condition, before the accident.

If that be indeed the case, such vehicle will be fairly a write off.

However there are some codes made available of how severe the damages may be and show if a car can be rebuild to roadworthy at all, let alone costs. We don't deal with those codes here, as we deal with a damaged and written off vehicle for compensation purposes and such do not have effects of codes, once indeed a fair write off.

The codes may be interesting for someone who will be willing and able to rebuild the damaged car by own means and not just to professional repair services and costs.

         

It is South African law, that a party liable for damages caused in a traffic accident must compensate the other party, to the pre-collision status, but not more than the actual market value, to the time before impact.

Finding the correct market value, is sometimes a challenge and South African Motor Insurers most commonly make use of vehicle damage assessors and its tool, to find out and determine - possibly as they deem fit, if the damaged car is worth to be repaired.

Once a vehicle is correctly called a write off, the value of the wrack of the automobile will be worth a certain amount of money, still in the heavy damaged condition. This amount of value is called salvage and the equivalent of it will be subtracted from a compensation pay-out.

It is therefore most important that the scrap value, or salvage calculated and deducted, will be not more as what the scrap actually will sell for, to another person, scrap dealer or SMD trader. If the money coming in from a sale of the scrap will not be equal and short to the calculated salvage value, the compensation will not be paid in full, but the settlement concluded.

Getting the damaged motor car repaired back to the state it has been in, before the accident, is the norm and not always a vehicle named a write off, will indeed be one and possibly still be worth repairing it. That means not just accepting any suggestion have a motor car called written off, without a professional double check of the matter.

Some Motor Insurer tend to apply own rules, when they say the damage isn't economically worth repairing, i.e. if the repair cost will just be 70% of the market value. Such contractual limitations or conditions determining if and when a motor vehicle can be written off, only apply in terms of claims from own comprehensive insurance cover, according to conditions set out and made public to the client, to the time of concluding the policy.

The scrap - the damaged motor car found not being worth repairing - will still represent a certain amount of value selling it, unless not even a scrap dealer will pay anything for it. The calculated salvage value, proposed in a settlement offer, should be assessed individually by an auto assessment expert. If calculating or determining the salvage value isn't correct and mirror what it actually can be sold for, the possibilities of risks and losses are obvious.

	RAMLA can help clients in all MVA matters to solve problems professionally, claims, disputes (3rd party / comprehensive Insurance cover), review of declines with the Ombudsman (OSTI) and defensive actions against unreasonable or inflated claims, professional - affordable.    Contact RAMLA for your support to have a damage claim paid or defenced.      Contact

If the damage compensation calculation just reveals a certain per cent age (i.e. 30% of the market value) it should be looked on the matter closely, and made sure the scrap indeed can be sold for the indicated value. Remember, the salvage value, will be deducted from a calculated pay-out, if the wreck is supposed to remain the property of the claimant.

It may well be a good idea and leave the scrap for disposal to the liable party or the motor insurance company, insisting in return a full pay out of the market value, without deduction of salvage, in turn of subrogation of ownership.

The amount of money the scrap can or should be sold for, is called the salvage value of the car.

Salvage value can be minor, or even make out still a lot of money; given the badly damaged car have had a high value, before the impact. In today's times auto repair costs are high, and market value drops day by day, or for insurance purposes month by month.

Once a motor car has some age and mileage, the chances are that severe motor accident damage, will lead to be beyond economic means to be repaired, called a total loss, and written off.

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.

Welcome to utilise such valuable absolutely free inital 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 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.		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.

Dealing with scrap or salvage in terms of damaged cars

Given the motor vehicle is correctly called a "write off" it must be dealt with, sold, repaired or broken off for spares and eventually scraped.

Another aspect will be, who must act and deal with the salvage. Someone must practically deal with the matter, either the actual car owner, the party liable to pay or if insured, the motor insurance company, one of those must work and do the disposal.

For a victim of a traffic crash, most commonly a layman in dealing with scrapped vehicles, it may be a real challenge to effectively deal with the disposal.

If someone dealing with it, don't having connections or do know places to sell the scrap, may experience problems and receive adequate money for the scraped motor car.

The car owner and not liable for the cause of the traffic accident, will either get the salvage value paid out, and the scrap become the property of those paid full market value, or been offered a calculated salvage value, deducted from the determined market value and remain the owner of it.

Once the other party don't want to take over the property in turn of payment for salvage, and demand leaving the salvage to the car owner, reduce pay out accordingly, the decision needs to be made, if that will be acceptable for the car owner.

If the car owner being forced or demanded to dispose the salvage himself, we always see a risk in the need selling the scraped motor car, for the amount calculated in the assessment report.

Once a settlement with a motor company has been signed to the condition of disposal of salvage by the claimant, there will be no way back and ask for more money, if the sale of the salvage falls short, of what has been calculated.

The advice will be, leaving the salvage to the liable party and demand pay out of the salvage value, so time, efforts and cost for the sale, will not affect the claimant.

The car owner should only demand that he/she will hold on to the damaged vehicle and retain it his/her property and accepting the deduction from the pay out, once knowing exactly what the reason for him will doing so, either in an attempt to rebuild the damages in cheaper manner as professional repairs will cost or even doing the job themselves.

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RAMLA - Road Accident Management & Legal Action Get a unbiased and intially free reply to your inquiry where you are and what is the way forward - free of charge - just to enhance confidence trusting RAMLA expertise, before you mandate us.	if you want be paid compensation for yor car accident damages or in a need to defend you against unreasonalbe or inflated claims, Contact us NOW RAMLA is a specialist in motor accident damage recovery claims. Our team can help you through the process and minimise trouble affecting you in a claim.

Scrap Dealers - SMD Salvage Management and Disposal

Places or businesses dealing with scrap do know about the job. They are in business to make a profit, where ever be possible and they do know the fortune is to be made by trading in a wreck, as cheap as possible.

They are professionals in the job and do know the business.

         

Scrap dealers commonly buy a "written off" motor vehicle, to break it off for spares to be sold as second hand parts.

SMD however looks to sell the salvaged vehicles for a profit to someone believing being able repair the damages cheaper as professional workshops can do.

This businesses do know about the situation a seller of a write off will be in, when offering to them the bargain to buy. They do know, you won't find a suitable buyer at any corner and it's a challenge to move the scrap at all, to have it shown to interested buyers.

That all may indicate, those professional scrap buyer will take the advantage they can, paying as less as possible and don't orientate on calculated salvage, applicable in a settlement agreement.

That does mean, not only having a burden of task in finding a buyer, but any cent of shortfall in the sales price compared to the salvage calculated, will be a loss that can't be made good for anymore.

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Warning - - Towing and Storage Cost and possible repercussions, if not paid up or contained

Places or businesses dealing with car accident scrap vehicles do know about the job. They are in business to make a profit, where ever be possible and they do know the fortune is to be made by trading in a wreck, as cheap as possible.

Some are fair professionals and others almost criminals, but all do know the job and the business.

It is not necessary talking about fair SMD, scrap yards or even about honest professionals. The issue to elaborate on are the bad guys around and unfortunately there are more as thought of or wanted.

That led us to advice in general to be - very - very - vigilant and aware what to do or not to do in dealing with any of these providers.

Please note that a number of people not following due care in dealing with such twilight people, have paid a huge price in the form of losing the stored vehicle, set off against inflated storage costs.

	Free case analyse! Should you do have any sort of issues with a Towing company or Storage Yard, be careful and first check, if and what you may have signed. Contact RAMLA directly for a free check of your particular case issue and advice, by following the link.

Scrap Yard management claiming - Right of Retention - not releasing a vehicle

The right of retention means, a person or company, service provider or anyone who rendered a service or work to a particular clients asset - here we talk motor vehicle - can to some conditions, retain or exercise the right not release the asset - motor vehicle - on which agreed work or service been performed, if no payment received or outstanding payments due.

Effectively it means the car is held in lieu for outstanding cash. The basis therefore must be a contractual relationship, governed and ordered the work/service rendered. Without a valid contractual relationship, no right of retention can be claimed.

A contractual relationship will most commonly be established by signing the order/towing form, regardless if scrutinised and understood, before signing off. If one trusted the sweet promises of a tow guy and signed off the order, the trap may well be in place.

It will be different, if the order to tow or store the car been given by anyone else as the car owner and without endorsement of the owner.

Should you unlucky be in a dispute with any tow/storage yard management, and don't know the way out, find more - solve problems with a retention issue.

1. As many motor insurance companies put measures in place to protect its clients from tapping into such traps, anyone and especially those not insured, should note the reasons and protect themselves by being high on alert, if it comes to deal or take service from towing/storing facilities.

2. Do not agree to any services these people may offer you - towing and storing - unless you do know all the obligations and risk and do not allow to act, even if you be told, do not worry, the other parties Insurance will cover all. Do not trust without having checked out all. Look carefully onto all documents to be signed and check small print and backsides.

3. Once those bad people got a hand on your property or damaged car, some may take you for a very unpleasant ride, which can end up with high and sometimes fabricated costs, especially for vehicle storage. If it comes to the point one may be aware of it, it may already be too late.

4. Storage costs are billed for parking a damaged vehicle, commonly in the open without protection or insurance for damages caused by others, while being stored. Storage fees will be billed daily, from Sunday to Monday 7/24 and range from R 350 per day up to - we don't really know.

5. It must be noted, that 3rd party or even comprehensive insurance cover, often only accept any such fees, until the damage assessment is done. If one is lucky, a notice informing about the need to remove the scrap will be given. If so, act accordingly without hesitation and remove the car to a safe location, which will not charge for storage.

However it will be best just not get any damaged car into any professional charging storage yard, instead get it, rather from beginning, to a private, safe place. Often compensation actions, involving heavy damaged or written off classified vehicles will take time until solved, so do not risk waiting, if a car is placed on such storage yard.

6. If missed out as to what reason ever, and in attempt to get the car out, for sale or any other purpose, one will perhaps experience the scrap yard will not be prepared to release the car, before full and final settlement of the full bill.

7. The scrap yard will tell they do have the right or retention and allowed to keep the asset for security or even to set off against such costs billed.

However this is only true and according to law, if a contractual relationship can be proven, i.e. a signed order or any other method of order given can be sustained.

In cases, where the owner/driver isn't capable to control the process at the scene of the accident, due to hospitalisation etc. and another person give orders or agree to services offered and perhaps sign something on you behalf, without authorisation, you may take actions to fight back.

8. Many just do not have the ambition or power to fight and often those ends up in a total loss of the scrap car, still is an asset and worth some amount of money.

Commonly the retention of a stored vehicle comes with an offset, the purchase or often confiscation of the scrap car, to very unfavourable condition, often not be given any receipt or account or even accept that a deal be achieved, if mutually agreed to any disposal.

This will lead a car owner in the process of a compensation action, without any merits to proof - towing - storage - and salvage value anymore. That of course is very bad in terms of merits, should any compensation offer be out of acceptance of such cost.

         

Value determination and disposal of the wreck

A serious and important aspect in any deal with a right off is the real value of the scrap or the written off damaged vehicle.

Almost after a long struggle to find some solution about liability/causation, parties may have had agreed to a solution, or an Insurance claim adjuster/admin or what they may be titled, may have imposed a settlement on a party, still issues of scarp value and disposals can stand in the way of a final payout.

In a settlement offer from major South African Insurance companies, in terms of a claim classified the damaged vehicle as write off, one question will remain, who will be taking the challenge and finally dispose or sell the scraped vehicle.

Motor Insurance Companies that are willing or demanding/insisting to a disposal on its terms and actions, commonly do have some sort of fleet agreement with national operating SMD (Salvage Management and Disposal) enterprises.

Such agreement may say, all scrap offered by the Insurer for disposal will be bought to a specified rate, i.e. 30% of the determined marked value. That means no risk, but a good base to calculate upon, is available for an Insurer to deal with scrap, when settling such a claim on such basis.

Given and it is applicable in the majority of all write off cases, the disposal be left to the Claimant and the possible surprise of been confronted with the real salvage market and thereby with those professionals buying scrap, may be another bad experience.

In our more as 10 years active working in the car accident damaged recovery industry, we have never seen a case, a scrap dealer buy any vehicle on offer for the amount specified and deducted in a Settlement agreement. What it means is, the real business world have own rules and measures to determine to what condition they buy any scrap/damaged vehicle on offer, if they indeed do so.

This indicates that without an offering the scrap to buy on the real business market, no fair scrap value will be found or can lead to a well informed compromise, done to just finalise a perhaps unpleasant vehicle accident experience.

At the end for all those not give in as easy, make sure you will have one or more offers to buy, specified and in writing, to corroborate your claim and very important to do so, if matters have the potential to be heard at a South African Court of Law for determination.

A number of local Attorneys may end up the Litigation process somehow successful, but often struggle to bring about a substantiated Quantum.

read more about:   Dealing with motor insurance companies

	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
e-mail info@ramla.co.za