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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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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.
Defending Auto Motor collision recovery action
We do have the expertise and know how to act for you.
Experience exceptional service, testified by clients, even after hours or weekends, giving you a peace of mind your case is taken care off, no matter what.
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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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Defence and defensive actions, against a claim another party or the motor insurance company demands compensation, or serve a summons, attempting make another pay for motor car accident damages!
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Defence and defensive actions are vital to be protected against unreasonable or inflated claims; you do believe not being liable for.
Traffic accidents most often come with damages to property and/or to motor vehicles in a car crash and soon thereafter the search finding the motorist/s causing the accident will start off.
Anyone likes to be compensated for such car accident damages, but only the one not being causal for the incident, can claim damages successfully.
But certainly there can be different point of views, about liability and causation in a road accident matters and it comes on a regular basis that unreasonable or inflated actions/demands are launched, which need defence and rebuttal.
All the parties, in a traffic collision can initiate actions whether reasonable and fair or not, in order to sue another, they deem liable for the destruction or damages, in a car accident, even if not backed by facts, be unrealistic or inflated, regardless it's pursuit by a person, a legal representative, or an insurance company.
Once a party decided to take action for compensation, they should/must deliver a demand (LOD or Letter of Demand), saying why they claim and offer proof, while attempting to hold another liable, what the damages are about, as well address the financial value, they seek compensation for.
Should such a claim be based on wrong assumptions, unrealistic or inflated, the claim needs the correct answer and be rebutted, to get it off the table.
RAMLA has done such defences many, many times, successfully and may be able doing that for your particular action as well. Just contact us and tell us about the demand and your position to it.
Claim related Site Map - A comprehensive overview of relevant Claim Issues
Your specialised expert to sort out MVA matters
Professional - competent - swift - decisive and affordable
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Unreasonable or inflated claims for car accident damage compensation - can be declined
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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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Headlines and Issues on this page
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Everyone in any way tangled in a car accident, can submit a claim to another, but has the onus of proof, and must proof the claim on a balance of probabilities.
After the car accident itself will be over, evicence secured and all participants hopefully back home in good health, the discussion of liability for the damages will commonly start.
Discussions will be launched and a number of "opinion experts" will help to get the parties confused.
South African traffic legislation and the rules of the road, do have a number of factors and task/obligations a motorist must know and abide to.
Such, perhaps not entirely known obligations, can irritate someone in determination of liability, when relying on a determination of what one may feel, what will be correct, to blame the parties for liability.
In general, everyone tangled in a traffic accident and believe to have a claim, may sue another one for paying damages to him/her, but to have a successful claim, the merits and facts needs to be in favour and support of the allegations and further in accordance with the provisions of the law, as a claimant must proof and do have the "onus of proof".
However, any claim, as ridicules it may be and don't have any merits, must be defended, not to end up in a default judgement, which can be very detrimental. Don't take a risk; rather find qualified advice and/or representation, even if it comes with some costs.
Any undefended action may end up with far more costs as engaging in defence, to the right time with the correct knowledge.
For someone in need defending a demand or action against him/her, it is about finding out what the quality and completeness of the evidence the alleging party supplies will be, and if such are suitable or not to stand a challenge a defendant can establish. An unrealistic or inflated claim can relatively easily be denied.
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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 defended. Contact
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Some of the motorists involved in car accidents, are insured against risks occurring in public traffic and duly report a claim to their insurer, briefing them with their subjective form of what had happen, which don't need necessarily be the position of other participants in the traffic collision.
The Insurer commonly takes that as the true and only way the matter unfolded and accepts the accompanied circumstances, which can easily lead to wrong decisions in accepting or denying a fair and just claim.
A claim accepted and paid by an Insurer to a client, as to comprehensive cover, may well lead to a recovery action, meaning the Insurer or Party wants the alleged liable party, to pay for all those damages, which may not fair and if so, just need a rebuttal or repudiation of any such demand or legal action.
The good news are, that often the party launching a recovery action don't have good evidence and such claim can relatively easy be denied.
Should the Insurer initiate a recovery claim against the alleged liable party, without having the necessary proof, will not making the claim successful, if defended professionally.
Defence aginst a claim or action being sued for recovery in regard to alledged damages caused, should always be entered into, if not obviously all facts and allegations of the demanding party are true and correct and in so far, accepted by the party sued.
In order to have a successful claim defence, a more intimate knowledge of the traffic law and the rules of the road, as well as common case law in traffic accident claims, should be known in some detail.
Not having the right skills isn't a problem in itself, but may hamper an action of defence against a claim. It should be noticed, that a motor insurance admin, do have at least knowledge of the subject, but unfortunately not always apply it the right or fair way.
Such challenge isn't always easy to overcome, without the intimate knowledge of defending a matter.
Getting someone for assistance/representation, who does have those skills, working for you, will be the far better solution.
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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Don't accept just any claim against you. Check and find out, if the demand is fair and reasonable, before you do accept and pay, or deny if you don't accept the claim at all!
Given you received a letter of demand, saying you are held liable for car accident damages, caused by your negligent driving or on other reasons and you don't accept the allegations at all, reply and make your point of view heard. It will be possible for you just to say no, I'm not liable.
To the opposite, you yourself may claim damages, as you will see the matter just very different as those contained in the demand, if the reasons and merits of the claim are specified within the letter of demand at all.
But just saying, no I'm not going and pay this, will only be a bare denial and not solve the case. The other party demanding may just go on and serve a summons onto you.
Before a summons being served to the other party, a formal demand is ought to have been formally delivered, to which the demanded party can answer, putting forward the reason and the means of the defence.
A demand (letter of demand - LOD) should lay out reasons regarding the demanded matter, supporting arguments about the allegations and at best proof of the causation and damages suffered, the driver of the other motor car alleges and if not true and fair, the other must defend, if not happy with the demand, or even if the allegation are deemed just to be fabricated.
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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 defended. Contact
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Any demand not be as qualified, meeting with those criteria and necessities above, should be regarded as week and if not compelling reasons at hand to accept the demand, it should be defended.
In order to proper defend against a demand, as in most matters of car accident disputes, common knowledge is needed to act successful. It will be advisable to make use of advice or representation available, either provided by specialised experts or local attorneys, should be taken seriously into account.
Spending some money on a proper defence to the right time (early stage in a dispute), will probably help avoid much more critical or financial disadvantage, if matters go wrong.
A summons delivered by the sheriff in charge for the court, will be the first step in a legal action and requires your immediate attention.
If a person or company being served with a summons and don't accept the claim in whatever regard, either as inflated or not being a realistic claim at all, defence notice must be served to the party or the parties representative and the clerk of the court, that issued the summons .
It must be noticed, that a summons served, is a great danger for the one charged, if not addressed properly and according to the rules of the court.
An undefended or incompetent defended action can lead to a default judgement and consequently to execution against the property of the then debtor.
It's important that the defence notice will be served within the definite period (actually 10 days after receipt of service), not to risk having a default judgement against you, enabeling the other party to apply, suddenly and unexpected.
Once your defence is declared, a number of options to find out more of what the Plaintiff do have as evidence can be launched and a defence plea, addressing the summons and defence arguments, will be expected.
You, the party sued in the action in a court of law, must now decide how going forward and rebut the allegations. It will not be sufficient just saying, no I don't be the liable party, but another is.
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RAMLA will be your one-stop car accident claim service in South Africa
Facing a motor vehicle or traffic accident damage claim against you and it appears that the claim is unrealistic high or completely unreasonable and not acceptable the claim must be rebutted on facts.
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What are your options defending a legal compensation claim?
Once you are involved in a legal claim, by having a summons supplied, you need defending the claim, according to court rules. This is a process, the legal profession had to study for some time, and not everybody can or even should defend themselves, in a court of law, considered that technically it will be permitted, up to magistrate court levels.
A claim should only be defended in a court of law, if good reason and evidence will be to the side of the defendant.
If there is evidence and/or reasons to rebut a claim with a fair chance of either rebutting the claim in defence, or even initiate a counter claim in order to get own damages paid for, if it turns out the evidence is in favour of the defendant, engaging into defence definitely is the only way.
Certainly a Claimant, the one who want you making paying by initiating a legal action, must put forward sufficient evidence, as the burden of proof rest on him, having a chance and get a judgement in his favour, or win just on technicalities, if a layman in law (Defendant) choose to defend himself, will have missed to comply with.
Getting the action defended positively, should the Claimants arguments may not be either strong or valid; the defendants still need to know how to oppose the allegation made within the trial.
If there aren't good arguments supported by facts and proof, the claiming party is demonstrating to the judge/magistrate, the defending party, may have good chances and the capacity to rebut the allegations, getting the action stopped and avoid unfair pay for motor accident damages, not caused by the sued party.
If a Claimants case however appears very strong, it should be thought twice, before entering in a defence in a court of law, or alternatively better come to a settlement or acceptance of the claim, out of court.
A settlement can be achieved at all stages, before formal ruling by the judge/magistrate has taken place.
RAMLA can help you to find the right decision, or either actively defend a claim or negotiate a settlement.
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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 defended. Contact
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Utilising the RAMLA claim management helping with the decision making, if it will be advisable defending an unrealistic high or inflated compensation claim, or go against a claim without merits, get in touch with us.
If you select RAMLA taking over the matter, defending you against the unreasonable damage claim, will probably work out much more economically as other conventional legal services. Check us out in regard of specialised knowledge and fees.
Unfortunately RAMLA will not support a claim defence, when it appears to be obvious, that you are the liable party and the Claimant have the merits to sustain a legal case. It will be irresponsible to take a mandate for a case that doesn't have a chance of winning, or at least mitigating results.
If one just wants to fight a car accident claim defence against another, regardless to the circumstances, your local attorney is the way to go.
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Criteria's deciding to take on a legal claim and defend a car accident compensation action or demand?
In the process deciding if and how defending a claim, there are two perspectives to look on:
Defencive activities after receiving a Letter of Demand
A letter of demand is the first step in a claim for compensation recovering car accident damages. We specified the content of a LOD - letter of demand in other articles, so we don't get into this now.
Once the letter of demand has been served and studied, the one demanded should know what the other party intends or demands. A critical review of what they demand is a must, but should be done in an objective manner, as it's the basis for the decision taking on a claim or not.
As most motorist have been trained and learned driving a car and know and respect the rules of the road, no education or teaching in terms of the law is needed getting a driving licence, but needed to be prepared in case of any repercussions coming from car accidents and damages.
That said, means the most common motorist don't know much how to proceed, in cases of car accident disputes.
A probative way to equalise the lack of knowledge, will be to take proper advice or even external pursuit, to get matters served knowledgeable and with successful prospects. RAMLA is one of such solution to be looked at for service.
As mentioned the demand should lay out facts and offer proof. If that is missed out being supplied, the option of a bare denial may be appropriate, enabling or demanding the other party to come with better details.
Coming to the conclusion, that the demand or allegations are not, what the demanded one find will be the truth, a more detailed denial may be the way to go. If there are arguments and facts contained in the letter of demand, the demand should be answered properly and the claim replied to, on the basis of conclusions and other influential factors, applicable.
Obviously a letter of demand should be answered in any case, as this is the time finding common ground or better a solution, before all may be escalated to the level of a court of law.
If the demanded come to the result, that indeed there aren't sufficient arguments rebutting a claim or even honestly accepting liability, it will be the time to enter into a settlement negotiation, even if that will mean facing a financial burden.
If a motorist liable and causal for the damages, is not insured against such risks, and foresee financial problems to pay the demand, it will be much better engaging with the other party honestly and probably find a solution in a compromise or instalments to pay off, even if the demanding party in fact will be the motor insurance company of the other party.
As to our experience, so called recovery claims, initiated by motor insurance companies to get back money paid to the client for repairs or compensation, those often are weak in terms of proof and a very good chance of a successful rebuttal may be available.
Just hiding, as some contemporaries prefer, will get nowhere, if the other party goes forward and take the next step and issue a summons. Once a summons is delivered, a defendant is forced by law to act, and that means most often legal representation and costs.
Missing out to act and defend, means one will face a default judgement and a warrant of execution can be applied for, by the other party, and execution into property or income can be instituted, without a chance protecting much against such detrimental actions.
Engaging in the matter, aiming and find a solution, even if the consequences will have a negative impact to life, will be much better as risking a time and cost intensive legal claim in a court of law, exposing one to the threat of losing the case, with costs to pay for own and the other parties legal representation.
Defence once you have been served with a summons
It must be said one more time, a defence against a legal claim, where a party is demanded payment to compensate car accident damages, will only be advisable, if there are facts, suitable supporting the defensive evidence, defending the claim successfully.
Once the summons has been served by the sheriff to you or even to others, staying in your place of residence means, the one summonsed is within a legal claim.
As you have to make your decision defending or not, only the facts can tell what should be done, defend or accept the claim now.
The summons comes in a special form, definite by rules, stipulating at least the minimum of information about of the nature and value of the claim.
It further entails a section where the defendant can either accept the claim, or declare defence against the demand to pay and not accepting to be liable for such, or the claim is not be fairly or properly acceptable, of what is claimed for, i.e. inflated damages or unrealistic allegations, it should be opted to defend the action.
If the summons is called a combined summons, it must stipulate the reasons and facts of the claim, being regarded as a combined summons, the most utilised form in South Africa, where the POC or Particulars of Claim, will be addressed.
Depending if a more precisely formulated letter of demand has not been received before and the combined summons doesn't lay out the arguments for a particular claim properly, defence should always be declared.
It is easier to deny an improper claim, than to formulate and proof one.
The notice of defence must be filed, and served to the claimant or his/her legal representative and to the clerk of the court, that issued the summons. Make sure, if you do so, that you can proof the service of your defence notice.
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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 defended. Contact
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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.
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