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Motor car road traffic accident damage recovery, is what our subject is all about.
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Below please find some issues and occurrences of common interest, listed and linked.
Car accident issues that matters most:
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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.
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Free case analyse!
Dear valued reader, checking out the RAMLA car accident compensation platform; obviously you do have some traffic accident damage issues to solve.
Contact RAMLA for a free check and advice about your particular case issue. Just tell us about what happened and problem you face.
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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.
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Free case analyse!
Dear valued reader, checking out the RAMLA car accident compensation platform; obviously you do have some traffic accident damage issues to solve.
Contact RAMLA for a free check and advice about your particular case issue. Just tell us about what happened and problem you face.
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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.
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Not each and every car accident compensation claim will handled fair, correct and reasonable.
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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.
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Free case analyse!
Dear valued reader, checking out the RAMLA car accident compensation platform; obviously you do have some traffic accident damage issues to solve.
Contact RAMLA for a free check and advice about your particular case issue. Just tell us about what happened and problem you face.
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Inflated or unjust claims need proper defence against unreasonable vehicle accident compensation actions
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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.
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Free case analyse!
Dear valued reader, checking out the RAMLA car accident compensation platform; obviously you do have some traffic accident damage issues to solve.
Contact RAMLA for a free check and advice about your particular case issue. Just tell us about what happened and problem you face.
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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
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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.
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Accident claim
proceedure
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.
Accident claim proceedure
We do have the expertise and know how to act for your benefit and to take care of your interest.
Vast experience and 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.
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Your specialised legal expert to sort out MVA matters
Professional - competent - swift - decisive and affordable
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RAMLA - Road Accident Management & Legal Action
Solution's solving MVA problems
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Enforcing motor car accident damages in South Africa, how documenting, claiming and get compensation paid?
Analyse of a car accident matter in terms of liability
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Professional vehicle damage assessment, calculation of car accident damage repair costs, appraisal of traffic accident destruction, motor car damage repair quotations, all do have the purpose to quantify damages happened to a motor vehicle, damaged in a road accident, as a basis to demand and sue another or a party for payment.
Fair and correct vehicle repair cost calculations are as important as the question of causation and liability. As South African law states, a motorist involved in a car accident, should be compensated for damages to property or vehicle, as to the value and state, the damaged item has been in, before destruction in a traffic collision.
It may imply to a car owner, one can expect getting the motor car professionally repaired so as it had been, before the traffic accident and it is as such, in general.
A maxim under South African law however is, not to enrich someone, in regard to motor vehicle damage, by way of a compensation action. In order to achieve such goal, the maximum compensation to claim for, will be the market value of a motor vehicle, in the state before the impact or pre-collision value.
That implies that once professional repair costs will exceed such market value, the car cannot be economically repaired, as the spending for repair would be higher as the effective value of the vehicle. That is commonly known as "write off" or total loss.
All starts with the analyse of a car accident, in terms of liability
A compensation action is a comprehensive matter and a number of claims will go ahead without too much of problems. However, it cannot be denied that a far too high number of cases aren't going easily and problems and challenges must be addressed, best in an expertly manner, to get claims approved.
In order to find out what is factual in a particular car accident damage compensation action, the circumstances will tell about the predominant question - who will be liable for the causation - and therefore have to compensate others, suffered damage in a traffic collision.
As no car accident happened exactly the same way as another, all must be studied individually and the determination can be made by analysing the full circumstances of a particular traffic accident.
There are a number of Rules of the Road to look on.
But the start of all is - the analyse of the car accident.
There is a free offer to evaluate the question of liabilty by RAMLA. Sipmly contact RAMLA by email to ramla@ramla.co.za and give us your briefing of what happened and what the problems are, you may face.
Matters of importance will be, what a "reasonable man" a prudent driver with care and caution will have done, under the same circumstances, e.g. if a traffic impact could be foreseeable, or could been avoided by taking reasonable measures to do so.
There is no general manner to determine liability. It must be done on an individual base.
A driver on public roads, may have had the full right of way, but it will not automatically lead to liability of another. Often, an involved Insurance company to regulate a matter argues Apportionment in such cases, that no one has the sole right of way and will Apportion the offer to settle, to may be 60/40 or 80/20, which leads to shortfalls.
A prudent motorist will have to be in control of the vehicle, must have had observed the traffic in a wider manner and not just before him/her. It is expected that a prudent driver do have the full scene observed and made assumptions of danger and, if any danger may be foreseeable, to do what is possible to avoid impacts at all.
However violation of the rules of the road will have consequences in determination of liability, but must not automatically lead to full responsibility. The South African law do know the circumstances of contributable liability or partly negligence, which may end in apportioning liability and compensation will be ony to a portion of the found contribution of negligence, that led to the impact.
Full liability can be assumed, if the one suffered damages by the accident, did nothing wrong, had observed the traffic in the prescribed manner and did all reasonable possible to avoid any such traffic accident.
In order to find the other party/parties of the car crash be liable, the circumstances must be proven on the Balance of Probabilities. This can be achieved by citing factual evidence, as damages, road marks, pictures of the impact and scene, CCTV footage and importantly witness testimony.
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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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Motorists, trying to sort out motor vehicle accident matters, do have to overcome some challenges, if not familiar with the process of a compensation claim.
Lack of knowledge and understanding of critical issues can possibly cause problems, commonly out of reaction from other parties, which may put the claim at risk.
RAMLA is a specialised and experienced legal Expert in all MVA matters, disputes or defence actions, offering decisive but affordable claim support and services, to clients.
Your specialised legal expert to sort out MVA matters
Professional - competent - swift - decisive and affordable
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How claiming or enforcing car accident damages, when you are involved in a traffic accident in South Africa
Before you start any action, check if your vehicle is safe and stored at a reliable place, that don't charge Storage fees.
But before we go on, please read the following ,if your car is stored anywhere for cost.
Towing or storage
yards regularly charge daily fees up to R 350 or more, just for parking a car amongst others on the lawn, which can work out to a huge amount of unnecessary costs, if stored there for too long and without a proper agreement.
A car should be removed from such place that charges fees, latest once the damage is assessed. No one should rely on any promises from Towing personnel, as to no cost incur and the other parties insurance will take care of all.
It is in outmost all cases untrue and blunt lying, in order to make money for the towing company and bonuses for themselves.
Get any damaged car off such yard, charging fees, immediately as cost rise day by day.
There are little chances to be compensated for extensive storage costs, if a car is stored unnecessary long. Towing companies or storage yards, often be reluctant to release any stored vehicle, without the amount billed is paid.
If the costs are already too high and one struggle to have the money ready, each and every day the problem will become bigger and may end up the storage owner will sell the car and offset against the costs, even without your knowledge or approval.
Be aware that a claim for car accident compensation can or will take time, so don't let the storage cost be a risk.
Claiming for motor vehicle damage compensation is a comprehensive matter and cannot be explained in a sentence. It comprises of a number of steps, we will touch on in due course.
A motor vehicle crash in a traffic accident, normally end up with physical damages to the cars involved.
Traffic accidents on South African Roads comes in many forms. A motor car may be hit from the back or rear ended, have a head on collision or been damaged from a side impact, or a combination of such.
All those scenarios may have a different point of looking on liability, as liability can be apportioned from 100% down to about 20% alleged contribution. Alleged negligence can further be split to more than one driver involved in the crash, whereby each have to accept some sort of liability, throughout contribution to the accident.
There is the question of accident documentation and proof, the analyses of what had happen, with the primary goal, determine causation, negligence and at last liability.
Only once those factors had been addressed and completed, it is time to look on to the process of claim proceeds.
If a motorist suffers material damages and destruction to the motor car and or further to property (damages next to the motor cars, such as poles, walls or other constructions), one want the consequences out of an auto collision, sorted out quickly, possibly without costs or as little as possible, being compensated for the car accident damage fairly, with as little of personal input as possible.
Unfortunately, achieving all those objectives will most likely not be the case. Just being involved in a car accident, gives a participant several obligations and everyone involved do need some knowledge and luck to have a hassle-free car accident compensation claim.
There are two ways of getting in touch with the other party or with its Insurance and start the process of claiming car accident damages.
As motor car accident claims starting with the documentation of the incident, most often the police will be called to the scene and a lot of motorists leave it to them to document the traffic accident, by filing an AR - Accident Report.
Relying on such documentation, as the Police Accident Report, for information about the incident as a solely source, will be very risky.
The police accident report is predominately for the assumption of data, needed to follow up traffic offences and not designed to support a private or civil damage recovery action.
The police report lacks a lot of necessary information, to get a civil action for the compensation of car accident damages going and compensation paid.
Getting in touch with the other party/wrongdoer and address the matter by serving a demand, or for those perhaps be insured against such damages, requesting the Insurance details, is a must.
If only phone numbers are available, perhaps not checked if correct, there is little possibility to contact and costly forensic investigations may been needed.
Posting demands via registered letter, may lead to little, if not collected or ignored, which to find out will take often more as a month.
Contacts, such as having the email address, to be successfully applied for service will help. Another way serving demands can be, utilising the Sheriff of the Court, which even isn't swift and comes with costs, but the safest way to serve.
What is the task of the police attending the scene of the accident?
The police's (SAPS) primarily tasks are: secure the scene of the accident and call the relevent (medics etc.) support in, help injured people and document personal injuries, make sure the public traffic can pass safe and check for traffic offences or breach of the law and file the Police Accident Report.
It should be noted that it is not the task of the police to investigate in liability or causation, nor comment on damages or declare a vehicle written off.
The police don't gather evidence for a civil compensation claim. The police officer is evenly not entitled to give any comment or personal judgement in its official capacity, as to liability or damages, such as suggesting it's a "write off" etc.
Police may be qualified for many things, to protect people and uphold security and order, but not to determine legalities or damages in car accident matters. That is entirely a matter of civil legislation, or in terms of bodily injuries or even death, that of the public prosecutor.
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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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It would be helpful, if the police in charge at the scene would secure the circumstances in more detail, but it's rarely seen that the police officers show much engagement, other than just file the sections the report requires.
SAPS don't care much (and it's indeed not their obligation or business to get involved) about what someone needs in terms of proof or evidence, to claim for damages in civil matters. It is definitely not the obligation of any police in charge and engaged at the scene of the car accident, to care for needs in civil matters assisting a compensation action.
The obligations of the police service, as an organ of the State, is first and foremost to upheld law and order and ensure that offences or crime will be investigated and make sure any person alleged or convicted for offences or crimes, are treated accordingly.
The attendence to traffic accidents are part of the task to maintain law and order, i.e. find out if drunk driving or recklessness driving is at stake.
The South African police service is not your supporter, in an attempt to document a civil matter. Any motorist should individually make sure that as much proof and evidence, as well as personal data is secured, that may be needed in a civil compensation claim.
However in cases as a "hit and run" or insufficient positive identification, which are contradictions to South African law, the Police is in charge and must investigate and track and if possible find the violator of law and get them stand allegations.
Motor Car Accident, in South Africa?
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 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*
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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 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.
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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 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.
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RAMLA offers full legal support to solve a car accident compensation claim, starting with a comprehensive claim preparation and subsequent legal action to enforce fair compensation or defend against inflated or unrealistic recovery actions, all the way up to a court case, if no solution can be found in pre-litigation.
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How documenting the motor car accident properly?
Remember, you need a proper accident documentation to be able claiming for vehicle damages or damages to property.
The crucial work a motorist should do is take photographs as good and comprehensive as possible. Rather take one picture more than one too less.
Be aware that the positions of the motor cars are rahter imperative to capture. Even damages to other motor vehicles or potential witnesses are of importance.
By far not all the witnesses, if there will be some, wait until you want some details from them. Having a picture of the number plate of a car and its driver, who may be a potential witness, may help finding a witness in a later state.
File an own accident report that suits the needs of civil legal actions, as comprehensive as possible, enabling you or a professional to pursuit your compensation claim.
Make sure to the best you can, that details of other persons are full and correct. Double check details provided as good as possible i.e. with ID documents or drivers licence.
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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
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Further preparation to file a compensation claim for recovery of motor car accident damages, is to calculate the destruction!
Once a vehicle driver involved in a traffic collision find the car isn't drivable in the condition after impact, or to avoid further damage or for security, have managed that the motor car is towed away to a safe place, and has noted and captured all relevant data of participants etc., the next task is the need calculating the car accident damage.
But don't forget the car at the towing yard, as it can be very costly. Rather take care to relocate the car to a safe place, free of storage cost, the next day or ASAP, avoiding a possible and costly nightmare.
Most commonly an auto body repair workshop or a qualified panel beater will assist you with a repair quotation.
The other option will be an independent and professional vehicle accident damage assessment, which will come with some costs, but commonly be a better and more comprehensive proof, if a car owner isn't able to give the vehicle for repair on own costs, immediately after proof and evidence is secured.
An owner of a damaged vehicle, not willing or even compelled repairing the damaged car before a compensation action has been finalised, do need to have a proof of the damages, (Quantum of the claim) if in parallel or at a later stage such compensation acting needs to be pursued.
A complete repair invoice, made out by the professional repairer, accompanied with proof of payment and additional photographic evidence, showing the damages in detail, will be a proper proof of the reasonable repairs. If such will be stated in an Affidavit that the repairs been the once caused in the particular traffic accident, and don't include any other betterment, and being the fair and reasonable costs of repair, is of benefit and a need in a Court action.
No motorist must wait forever, if another party doesn't engage, for a repair of the accident damages, if able to fund the rebuild, to the state before the accident or pre-collision condition.
In calculating, assessing or appraising motor vehicle damages, accuracy is what a car owner needs, to get the damaged motor car properly repaired, to the state it has been in pre collision, to be paid the relevant and fair amount of compensation.
Getting a damaged property back to pre-collision state, is what the South African law states in general terms, but there may be a lot of obstacles to overcome, getting there practically.
For more please follow this link to more about pursuing a compensation action
How to get on with a practical claim recovering car accident damages?
Once all or most of data and circumstances are documented, a compensation claim must be initiated, which starts with the evaluation of the material at hand.
The determination of liability in general, based on the particular MVA situation, detection of causation and negligence or even recklessness driving is at stake, to be checked and balanced, before formulating a claim demand. Notice must be given to the other party about the claim and what is demanded, which will come in the form of a Letter of Demand (LOD).
What will be the next step, will be depend on the reaction of the demanded.
Getting in positive touch with the other party is always the first step to take. Should the other party be insured for car accident damages/losses, the party must report the claim to the insurer and supply you with the case contact and reference.
One reaction from the other party can be, just saying they do not agree with the allegation, deny what has happen, or being not in agreement with the motor vehicle damages, claimed.
Certainly, the very best will be that a reasonable and well founded claim will be accepted, right away. But a reader of this web page wouldn't be here, if a claim had been accepted amicably.
Any reaction to a demand, for the compensation of motor accident damage, that doesn't suit a claimant, should be carefully evaluated and decisions to proceed, should be derived from the findings. The results will form the basis of a more comprehensive engagement in dispute resolution, in order finding a mutual basis to settle the traffic accident damage compensation.
The pursuit of a practical compensation claim comprises out of a variety of actions and reactions, once a demand will be served to the other party. There are two major sections in a claim for compensation of damages to the vehicle, the one is - before legal action in court (pre litigation phase) and the second (legal actions in a court of law procedures), which follows, if a claim cannot be resolved in pre litigation.
Anyhow, claiming for motor car accident compensation, is a complex process that cannot be explained in some sentences and need to be handled with professional knowledge, experience, decisive actions and based on good documentation.
One may decide to handle the car accident claim themself, but such is only advisable in very few cases, as there is some expertise required, to do so.
A variety of cardinal mistakes can be made in the attempt to solve car accident matters privately, easily and especially in interactions with motor insurance companies and its claim administration professionals. It will be hard iron out early and unintended mistakes, in a later stage.
Keep in mind, however, that the motor insurance companies will not always think the same way as its cooperative insured wrongdoer does, and may decline, what is regarded as obviously legitimate, in the process of handling the motor car accident claim, without much of care or fair evaluation.
Involved in the process of demanding the compensation of MVA damages, one should consider claim management support, as soon as it can be seen that the matter is not going well.
You are welcome to contact RAMLA car accident claim service, to have an initial glance and first free advice, about your car accident matters - without any cost for you.
Alternatively, use an interested local lawyer to pursue the matter is an option, but usually quite costly, as you will not be recuperated for all the costs you have to spend to pursue your car accident damage claim, even if you are successful with your claim once you engaged a local Attorney.
Another fact to look on choosing any kind of support will be particular experience and specialised expertise in motor car accident matters and only a small number of local lawyers are specialised and interested in the pursuit of MVA compensation claims.
RAMLA has edited some of the important aspects out of a number of disputes or claims, defences or assessment chances and risks for a reader, to be informed and enable same for an informed decision.
A victim in a traffic accident, going to look for support processing a claim, not knowing about the competence and special expertise of any chosen legal adviser/lawyer, should find out before handing over the file for pursuit, as well as checking and possibly comparing costs, before mandating anyone.
Contact RAMLA or submit your car accident documentation for initial review by RAMLA claim service, and receive comments and recommendations, absolutely free.
For more follow this link to more about: How to file a claim
Getting a claim accepted and paid. How long will it take to be compensated for MVA damages, in South Africa?
Unfortunately there is no way to predict any time and effort it takes to be compensated for car accident damage claims. All will depend on the kind of defence and/or cooperation the liable party or their insurance company will choose to apply .
What can be said, a matter will never be solved overnight and will take some time to be analysed, prepared and drafted before been served and must certainly grant a fair amount of time to respond to the one demanded.
Matters going through motor insurance channels have proven to take quite a bit of time. Many do have procedures, forms and require certain documents, before they even get involved to check the matter at its core.
It may well be that more serious damages will be inspected in loco by an insurance vehicle damage assessor send by the claim admin/adjuster to check, document and calculate damages.
This will take even some time and unless the report is filed and at hand for the insurance agent/broker/admin to deal with, nothing will happen.
A reaction or settlement offer can be expected, once all has been checked and given to the respective persons for a decision or approval.
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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
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In a claim directly addressed to a 3rd party a letter of demand (LOD) must be send out, as soon as possible, after checking the full claim information.
Given the party sued, enter into an exchange of arguments, after the formal demand, the process of argument exchange kick in.
This means, the procedure providing the other party with required information's, exchange of arguments etc. follows. A time frame cannot be given, as all depend on the reaction of the other party.
A positive formulated and accepted claim should be finalised within 4 to 6 weeks, or even in a shorter period of time, if all goes to plan.
If no satisfying settlement can be reached at, in pre-litigation (all before legal court action), the process goes over into legal procedures in the court of law, if the merits and other circumstances provide therefore.
Summons must be issued and served
A summons can be issued, if the other party fails to comply and/or acknowledge liability for the damage in pre-litigation. It must be taken into account, that no party in a law abiding country, can be forced or compelled, by another party accepting or paying for anything, without the authority of a Court of Law.
Prepare, file and serve a summons will take some time. The preparation may take 20 days or even more, depending on the volume of cases, the attorney in charge handle parallel.
In many cases, according to the court rules in South Africa, a local attorney's messenger service (correspondent Attorney) is compulsory, to meet the process requirements. That in turn means, the messaging attorney must be selected, mandated and provided with the matter and thereafter throughout his offices the court of jurisdiction been served, to issue the Summons.
Only after the practical service of a summons, to the other party, by the Sheriff in charge, a more compelling process is on-going.
The return of service of the summons may be received in about 15 days or even later, after the document reaches the sheriff's offices, and depending on how busy the sheriff in charge will be or how difficult for him finding the person to be served with the Summons.
If the summons is issued and served, which is the legal demand for the pay of a car accident claim, it must be answered by the wrongdoer and a notice of defence served in time, within the 10-day time period after the service has been delivered by the sheriff. A formal defence plea is due about 20 workdays later. A defendant or the attorney represent him or her, may launch further applications in order to get some documentation, needed to file a defence plea.
All parties have to follow the court procedures, and after closing of the pleading stage, trial date has to be found and submitted.
A date for hearing can be found in about 2 to 3 months from date of receiving the opponent's plea. But it can even take longer, especially if the car accident claim value is requiring to be heard in High Courts.
The duration of a complete car accident claim, for damage compensation can never be predicted, but a RAMLA client can rest assured that RAMLA car accident claim management will do all that they can, preventing any delays in the matter.
A disputed claim in court will never be a short term matter.
A matter that needs the attention of a Court of Law will never be a short term one, and anyone involved in a process of legal actions in a Court of Law, fighting for fair car accident compensation, must be patient and expect a long term action.
If you are currently involved in a motor car accident and not being represented already, having not used the RAMLA claim service jet, feel free to e-mail us your documentation.
We will check the facts of the matter and provide you with a written feedback, without any costs.
Let's take it from here. It is certainly up to you, deciding if you want a professional car accident specialist, such as RAMLA, on your side.
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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
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RAMLA - is an experienced legal expert in most MVA - Motor Vehicle Accident - issues.
We act professionally and decisive for the - Demand of damage Compensation - Dispute Resolution - Defence against inflated or unreasonable claims, as well as for damage recovery caused by bad workmanship after car repairs.
With more than ten years of professional experience, well educated stuff, knowing the subject of car accident issues and solutions, we have advised many, many inquirers in the first steps to take for a solution,
- free of charge - ,
and over the years, served a high number of clients to solve differences with parties, addressed compensation actions, acted against unfair Motor Insurance declines or short falling settlement offers, pursuit reviews with the Industries Ombudsman and filed law suits and defences.
RAMLA do know very well, that all cases are individual and need particular attention to the details, as only a well structured and factual claim can have chances to success. With us, you can feel save.
If you valued visitor of the RAMLA web information platform, do have any such problems listed above, you may well be good advised to contact us and brief us - best by email - with what had happened and may be your problem.
Our initial reply and advice will be free of any charges or obligations,
but an active pursuit of a claim or defence will come with some smaller fees.
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How going forward once there is a claim or dispute or other challenges?
Well, once someone checks a web site as this one RAMLA presents, there will be some sort of a problem.
Motor Vehicle Accident (MVA) issues are manifold and can be complex.
It may either be that there is no response from the liable party or the Insurer, the other party repudiate, apportioning damage liability leading to a short falling compensation offer, or any other claim decline, such as to violation of Insurance terms and conditions. All need experienced attention.
There are even cases, where a claim is directed to a 3rd party, deemed liable and demanded, but no engagement noticed.
Lot of issues coming up in MVA - car accident matters, may not be handled according to valid law, or wrongly interpreted.
There are many people in South Africa's motor insurance industry, without a legal background and act under instructions, don't care, nor perhaps not having the necessary skills, or just follow a strategy, to get rid of valid claims.
Such should not be accepted and the challenge taken head on, even if it comes with some engagement.
RAMLA as a specialised legal expert can solve such problems, just for a fraction in fees what you may miss out, if you don't have the right support.
In our view, it is not the correct way and get a legitimate claimant's demand, just been brushed away, isn't it?
Just take the time and contact, tell us about the matter and let us take care of it.
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Defence against unreasonable or inflated claims?
RAMLA can help you most effectively to get a claim dropped or eased.
The results defending someone against whatever car accident compensation claim, can be very good, as often the evidence the Claimant do have is not sufficient to proof the claim, which is a pre-requisite for a successful action.
If it isn't as clear what the implications are and what evidence the other party/Insurance do have, chances are very good to stand through and get a claim successfully denied, even if a summons may have be served already.
The party alleges or accuses is forced to proof the claim and not the demanded party.
Many Insurance recovery claims fall short of such reliable evidence and therefore can be repudiated, even if it comes from attorneys or recovery agents.
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However we do handle every substantial MVA claim,
against whatever party, Insurance, reluctant party or company successfully, given the merits of the issue are clear and stand a challenge.
Should the merits not be so favourable in the first place, we do all we can, improving such merits, to get the matter being a strong case.
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Chances of success, if there is a strong case, and any other winning guarantees?
Those are questions we hear frequently, before a new client is prepared to accept some fees.
There cannot be any guarantee of success in legal matters, as the other party may have evidence matching or being better proof. If it comes to an action in a court of law, the presiding officer is the instance of weighting all brought forward in the action and decides.
However if sufficient evidence is at hand, chances are high to predict a win and succeeding with a matter, which ends up in an acceptable settlement/judgement.
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You want to visit a local RAMLA office in your area and have a chat with one of our experts?
We are very sorry telling you, that we have chosen a different way of performing our business.
In order to hold overhead costs low, and not compromise on expertise and service, we have decided to act from one central, but not public office, in the Western Cape.
In order to hold fees low and offer very competitive rates, compared with similar legal services, we decided to concentrate intelligence and contain costs in this manner.
Anyone who likes to visit his/her adviser or attorney, should not choose RAMLA as a favourite, as we cannot or want honour just that.
But we can deliver the way we operate effectively, wherever you are in South Africa and with whom ever we have to deal, effectively, decisive and affordable.
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What about fees, must they be paid upfront or can it be deducted from recoveries?
Let me answer the question in short.
Yes, all fees need to be paid up before we take action.
Why is that so?
Our fees are as competitive low, that we cannot enforce any such fees economically, if someone just take our services and thereafter give us hassles to pay.
Any local attorney will do the same, as asking for a deposit, commonly far higher than our entire fees are, upfront.
In general those deposits are offset against fee notes and further deposits requested in due course.
We dont do that. We deliver services not billed on time issues, but on performance phases, which gives cost certainty and the assurance to be taken care of the full matter.
Contact us to get more detailed information.
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Any doubts about our capabilities or performance as this offer is an anonymous one on the web?
Well I must accept such doubts and can only point out and rely on the many we served before and who may be contactable for reference.
Check out what we display on our comprehensive web pages, which will back up our knowledge and experience without a doubt.
Anyhow we will never accept a mandate before we have had a first free analyse of your particular matter and if you aren't satisfied with our reply, simply don't go on with us, despite it may be detrimental to you.
We value a fair and open informative strategy, keeping a client updated, which will please most of those with an open mind to comunication technologies, such as email etc.
But we can only do what we offer and if you aren't happy with such offer, just get into contact with your local lawyer, or ask us to refer you to someone with specialised knowledge in MVA matters.
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Should you have been through all before . . .
and still think we can be the one to solve your motor vehicle accident compensation problem in South Africa, just get in contact with us.
You're welcome to be served perfectly.
Kind Regards
Your RAMLA team
Nationwide Claim Service
SMS RAMLA to 076 770 3179
and let us know the problem, or much better send an e-mail to:
ramla@ramla.co.za
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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
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Motor Insurance Disputes
An insurance claim, either as a third party or comprehensive claim can come with a number of challenges.
Having the knowledge and experience, is a prerequisite to stand through against sometimes very strange arguments or decisions utilised by South African Motor Insurance Companies or its Brokers.
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Ombudsman for short term Insurance (OSTI)
The Ombudsman for short term insurance disputes (OSTI) reviews matters that emanates from Insurance policy differences or disputes.
That means only contractual issues can be given for review and no 3rd party claims issues can be addressed to the Ombudsman.
Many people believe in objectivity and sympathies the Ombudsman may have to issues, believed to have been made unfairly by any Insurance decider.
It must however not always be expected that OSTI is in favour of Insurance clients to protect their rights.
Too often the decisions taken by the Ombudsman's office are backing the Insurance decision, particularly so as the evidence provided hasn't rebutted the Insurers argument, due to lack of knowledge.
The often one-sided information provided by the Insurer, even without verification, is taken for the decision, if a client in need for help doesn't know how to repudiate false or weak allegations and the matter will most probably be lost and the Insurer rests relaxed.
The Institution of the OSTI office is financed by the Insurance Industry.
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A reluctant party try to hide and not engage?
Don't allow a party to act in such manner. A liable driver must take responsibility, but it can be a challenge if you have been too patient or trustful of promises and the other do know how to make you struggle.
It must be noted that a claim is easier declined than proven, and factual proof is what is meant the claimant has the onus of proof.
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Companies don't engaging into claims they are vicariously liable for its employees
Companies are in some circumstances responsible and vicariously liable for employee's action and damages, if in charge for the business.
Despite most such companies may maintain a valid insurance cover, not many are open to an amicable solution and reluctant to support a claim.
The problem may just be that those who employ personal which need take part in public traffic in order to do the job get too much involved in car accidents throughout the employee's mistakes and don't like seeing the insurance cover in danger or face higher risk premiums.
There are commonly more difficulties to get matters processed as if claiming against a private person.
Our advice, get support as soon you feel something may not go as expected.
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Alcohol or drugs a driver has abused but driving a car under the influence and causing the accident
Alcohol or Drugs shouldn't be consumed when on the road, for good reasons, and prohibited by law.
Once alcohol or drugs are suspected or proven, any insurance cover will lapse and no compensation can be expected covered by any Insurance.
However, the misuse of drugs and or alcohol must be proven in a professional manner.
It will not be acceptable, if an Insurer or another party just allege the other being intoxicated.
No witness or any observer can detect any or the degree of intoxication, even if they are medics, without scientific analyses, there is no proof.
Breathalyser and professional medical laboratory tests must show if any intoxication and to what degree, to get a claim declined or even to make one against another.
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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
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