Caught up in a car accident

in South Africa, may force a party to claim damages from the wrongdoer,

or may lead to the need to defend against inflated or unrealistic claims.

RAMLA - Road Accident Management & Legal Action

Car accident lawyers and professional claim managers, enforcing traffic collision damages, effective, decisive but affordable.

Caught up in a traffic collision were motor cars/vehicles been involved, most of the time material damage or damage to property such as cars or other amenities, will come along with the impact.

An impact causes damages and compensation for repairs is automatically at stake.





RAMLA do concentrate on material or financial damage compensation claims, to get you be paid from the wrongdoer and/or liable party, in an accident scenario.

Such compensation claim can be one directly targeted against a wrongdoer in person, or dealing with representatives such as Lawyers or Motor Insurance Company claim deciders as a 3rd party claim.

Any claim needs to be funded on evidence and factual arguments supported by proof.

Proofing a claim is often easier said as done, as proof comes - in almost all cases - from the circumstances of the accident and evidence need attention right at the scene of impact.

Given if it is missed to secure evidence at the scene and its been not thoroughly attended to, it is time to do it now and act to secure all facts possible.

It is certainly not impossible to get such evidence, even in time after the accident, but it can be more difficult.

It may happen that potential witnesses left without identification, debris be cleared, faulty traffic lights be repaired, or CCTV footage deleted.

Pictures from the scene, document vehicle positions - damages etc., can only be taken, if and when cars still be in its places, which - once available - will have significant value in proofing facts and help reconstruct the impact or scenario.







As much important evidence is in itself, it is evenly relevant to know how to use it.

The ultimate goal is to be compensated for losses.

Experience is needed to be knowledgably and competently in order to address a claim and achieve a fair compensation pay.





Once a claim formulated, documented and served, still the reaction of other parties needs to be waited for and the content thereof to be analysed.

Results will define actions as what steps will or need to be taken next.





As a claim is formulated and supplied, it is to no certainty that reporting a fair claim, even if it is well documented, must lead the other party agree and accept and certainly pay the damages claimed.

Disputes can arise about the way all unfolded, the question of liability can be seen from different points of view, damage value or Quantum be under dispute and many more aspects of disputes can be raised, too much to get to in this column.





Another weak point can be a lack in knowledge how to handle a compensation claim.

People only looking for some advice only a while or even after a longer period of time, past the actual accident, and visit Web Pages such as this one you browse now - often late, and in the meantime doing all they can to address a compensation action to his/her own knowledge.



Many try to act on what may be at hand and they find and regard themselves to be fit for it.

This may work for a number of cases, as matters are clear and facts at hand are strong in its evidential role and the opponent or defendant do not argue unfair.

However it would be too optimistic to believe it is the normality. It is not, as it is almost the opposite, as many cases end up unsatisfactory.





Results or settlement offers may be incorrect in adjustment of liability, often named as contribution to the accident, by not adhere to all the duties, citing perhaps unreasonable precedents and/or allege and apply apportionment.

That may lead to significant losses, shortfalls or complete denial/repudiation of a claim.

Not any layman may be qualified to see through all of that and know if all what one faces in terms of reaction or settlement offers, will be fair and correct.

We do believe it is worth taking time and effort to check out on any doubt, before accepting any proposal.





Sometimes bodily injuries occur in a vehicle collision inflicting harm and pain to humans.

Even bodily injuries do have in some way a financial component and a victim need to be compensated in order to cope with recovery and subsequent costs etc.

However - we the author of this Web Platform - RAMLA - do not deal with bodily injuries claims.

Many specialised lawyers offer its services to solve matters pertaining a RAF (Road Accident Fund,) - bodily injury compensation claim, but the South African Government recommend a victim to first check and find out if one can claim without any specialist, in order not to spend a large portion of compensation on Lawyers fees.

We are specialised expert's in all respects to motor car accident damage compensation

claiming damages, defending against unreasonable or inflated claims, working in Motor Insurance disputes, in all those subjects over a long period of almost 15 years.

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

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

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

You will find a lot more of useful information on the RAMLA web pages.

Check out for keyword links in the left column to select your topic.

Initially important is, to know the definition of what we have to understand, is full and fair motor accident damage compensation.

But even before doing so, we have to clarify that the South African System of motor car accident compensation, is split into the sector of bodily injuries, which deals with compensation actions regarding injuries to the human body and material damages, such as compensation for car destruction or consequential damages.

The RAMLA web pages, you are browsing currently, only focus on material damage compensation and civil claim actions to be financial/material losses paid for full and fair, resulting from traffic accidents.







In terms of compensation, the South African law say:

You should materially be compensated to the state before accident, so that you will be able to repair your car to pre-collision status, or if repair cost will exceed such pre-collision or market value; and the car be called a write off, be compensated to the amount of money the car been worth to time of impact, minus any sellable value or Salvage of the vehicle.





That means either you cannot expect a new car (some exemptions excluded here i.e. if your motor vehicle new, not older than a year since being on the road the first time, or depreciation kick in, if your car is fairly used and the marks of wear and tear, impacting your auto value to a specific time.

But even an older motor car must be repaired to manufacturer's standards to maintain the roadworthy status, as long as it will not be a write off.

Motor car accident damage claims may get into difficulties, once another party do not agree with what is claimed for.

Differences may be to condition of Quantum/Repair costs or of Liability.

Disputes must be addressed and corroborated by factual evidence, such as witness statements or pictures, CCTV footage or any other suitable evidence.

A successful claim should be supported by merits, so the other party do not have much to argue, but compelled to accept the claim demand and pay.

A claim launched with your own motor insurance company (comprehensive claim), will have to look on what you have covered under your policy, before any acceptance can be decided upon.

Depending on the cover taken, it can be the insured did accept some contribution, such as excess and the claim process need to be according to terms & conditions of the insurance contract.

A 3rd party claim, directed to the perpetrator however, must give you full compensation and no clauses, as insurance excess or any limitations in a insurance policy apply. Only the law of delict will be applicable to decide liability.

Any claim for car accident damage compensation can go wrong, be disputed or even declined.



As soon as in the process of a claim pursuit any disturbance or unusual investigation requests are noticed, it will be highly advisable to check critically, if your own knowledge and skill is sufficient to perform a vehicle crash compensation action your own, or if you should consider practical support by professionals.

A claim for compensation against another car driver or vehicle owner is a process and cannot be explained in a sentence.

There is a lot about the way to claim and about dispute issues or problems, that can occur in a particular and always individual case, on our comprehensive WEB info platform.

However, as it is often the case, individual problems need individual answers and/or actions.

You are invited to contact RAMLA for a free initial case analyse and advice, by contact us by email ramla@ramla.co.za tell us what happened and the problems you face or expect, for a free reply and advice.

Should you do not like contacting us now, but need more information, check the keyword list to select your issue and find more on the linked page.

Defending against inflated claims isn't as challenging as perhaps thought.

Defence against unrealistic, unjustified or inflated claims is a need to do, if alleged to be held liable for car accident damages, which do not fall in your responsibilities.

It is always an inconvenient situation when defensive actions are needed, as to alleged of wrongdoing, which isn't true or fair.

However any person unfairly accused of wrongdoing and causing damages to another in a motor car collision, must enter into defence, not to risk to be sued and end up innocently be judged against one and subsequently face execution, against all of your property.

It should be noted that a claim against a person, is only dangerous, if not defended properly.

Defensive actions mean, deny a claim and its accusation, simple and clear and request proof of facts and merits.

Only if such evidential facts indeed be supplied and its content suest not to allow challenging the accusation, it will be advisable to look for a compromise or settlement agreement.

It must be known, that a person sue another in a Court of Law, must proof that the allegations are true and fair on a balance of probabilities.

Should such a proof cannot be shown, a case is lost and dismissed with costs and the Defendant is released from any liability or compensation payment.

In order to avoid unnecessary risk and hassle, it is highly recommended to utilise professional support to rebut unfair allegations, not to lose out on reasons of lack of knowledge, how to act against such allegations.

	RAMLA is a specialised expert in all MVA matters, claims, disputes (3rd party / comprehensive Insurance cover) and defensive actions against unreasonable or inflated claims, professional - affordable.    Contact RAMLA for your support to have a damage claim paid or defenced.      Contact

Motor Vehicle Accident We offer the solution in Car Accident matters, analysing, supporting, demanding, corresponding, negotiating, settlement agreements and further taking matters to a court of law in South Africa, if no amicable solution could be found, in pre-litigation, to best favourable conditions in a professional and decisive routine. Facing challenges with motor car accident issues in South Africa? RAMLA will be the solution, demanding compensation, resolving disputes, defending against inflated or unreasonable claims, in all sectors of vehicle accident damage compensation problems.

Motor vehicle accidents happens every day on public roads, often causing damages to property Utilise the affordable professional solutions RAMLA offers clients in South Africa, to solve such repercussions. Affidavits in South Africa         We do have the expertise and know how to act for you. Experience exceptional service, testified by clients, even after hours or weekends, giving you a peace of mind your case is taken care off, no matter what.

Your specialised legal expert to sort out MVA matters                   Professional - competent - swift - decisive and affordable		RAMLA   -  Road Accident Management & Legal Action Solution's solving MVA problems

Please be aware that the South African Police Accident Report (AR) is not designed to support a civil legal action for compensation, but rather to document offences for prosecution.

South African Police Accident Report

Track & Trace motorists for false or incomplete data.

Once a motor accident happened in public traffic, and persons are harmed or injured, the police must be called to the scene or reported if serious damages to property of others occur.

It will however be advisable calling the police to report the accident in any case, but at least if any damages to participants, property or motor vehicle happened.

A South African motorist is compelled by the traffic legislation, reporting a motor accident within 24 hours to police. It should be noted, that some South African motor Insurer's do request an earlier report, which can be as short a 6 hours after detecting a theft.

But one should always be aware, that the purpose of the police accident report is foremost for determination if offences against the law had happen.

This subsequently mean, the police report does not focus on any kind of supporting information, which can help claiming for the compensation of damages, caused in the traffic accident, despite certainly some of those data is available, but not sufficient building a case or even a strong one.

The report will state the participant's details, but they are mostly not verified in terms of contact and residential details, if true and correct. It states roughly the details of persons driving or injured, and sometimes those of witnesses' etc., conditions of the road, weather and other technicalities.

The Police Accident report consists out of 4 pages and sometimes today do have attaches, about details of the matter as well as statements of parties. The most important one, in terms of civil actions, will be page 2, as it will/can contain a sketch and a description of what happened, useful in a later stage, where it will be necessary claiming for damage compensation.

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

It's important that the police officer in charge files the section unbiased, reflecting both or all parties point of view, unless the police officer is an eye witness.

It can certainly be the case, that the car drivers involved, in the road accident, will, or may have different opinions about the way all unfolded. It's important having those divergent points of view stated, so that parties have a burden before to overcome, before changing strategy, as to what may have been admitted at the scene, but will no longer be accepted.

The police accident report should be regarded as a (incomplete) data pool and not suitable to point out on any liability. A police officer or other motorists are not qualified making any conclusions in terms of liability at all.

It will not be wise, just leaving the scene of the accident, once the police is called, but late. Often seen is that the parties in fulfiling the duty reporting, are separately going to a police station and file a report, without the other motorists or parties being with them.

Such report is not of good evidence, as it's a one sided statement, without any verification. If the motorists involved in the auto collision, decide not to wait for the police taking down the report and the circumstances and reveal personal data, all the parties should at least go together to the next police station, directly after the impact, and report and sign the report.

	Police Accident Report (AR), participants circumstances Track and trace data of accident participants The law says . . . Police don't investigate for civil actions Towing and Storage cost can be financial risks Affidavits commonly used in car accident issues Witness Affidavit corroborate a claim Repair - Assessment Affidavit to support the Quantum Non Insurance Affidavit to avoid Insurance fraud Headlines and Issues on this page Contact RAMLA for a free fact check and advice

	RAMLA will be your   one-stop car accident claim service   in South Africa             Make sure that all details in the police accident report   will be true and complete, but don't expect too much and do not believe the police accident report will be the foundation of your proof

Police Accident Report (AR), documenting the participants and circumstances that form part of your car accident

A police report is more accurately called an Accident Report (AR) and will be identified by a report number / case no. The accident report contains several sections, among other information, details of participants and a section for a sketch and a short verbal report of the circumstances.

At the scene of the accident, it will be the easiest chance to verify the participant's details, involved in the car accident at all, making use of the power of police questions. It is not uncommon, that "more experienced accidently driving motorists" do know how to circumvent giving true and reliable details and contacts, hampering the efforts of an innocent victim to launch a claim at all, let alone have it accepted and paid.

A lie or more politely said an omission, to the "right time", being undetected can help the liable to escape your investigation and in a subsequent claim, giving the claiming party a hard time to contact the liable at all, demanding for the motor car accident damage they may be liable for.

Checking out the true and complete information is the option at the scene, utilising the police power to interrogate and verify.

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

The identification of the report regarding to your motor car crash, will be the Ref. Number of the report. The reports reference number, will be issued by the local police station in charge, only after the report had been physically handed in to the police station and not being available at once at the scene of the car accident.

The file (Police Accident Report) will be archived at a provincial or local database and it is retrievable there, most probably by paying a smaller upfront admin fee for the service.

In any case you should obtain a copy of the report, for your car accident documentation, as soon as possible. Ask at the police station in charge about the process one needs to follow.

The accident report entails a standard listing of circumstances and participants involved in a car collision.

The police officers in charge will just do what is his/her duty, only getting the details that the report requires.

It will be best to double check what have been noted in the report and make sure that the details given to the police officers, by any participants, are correct and valid. A false address or telephone number will not help you along the way enforcing your car accident compensation claim.

Further attention should be given to what effectively been written down, as some police officers tend to own interpretation and the text taking down, don't necessarily need to reflect correctly what was meant happened or just stated in a way that does allow misinterpretation.

Make sure all is readable. RAMLA's advice to all people involved in an accident, is to make their own notes, parallel to the Accident Report and take photographs where ever possible

Please note that a police officer is trained to what his/her job is about. Their job isn't to determine liability or make remarks to the severity of damages. They are neither an expert to the former nor to the latter and not entitled or qualified to comment or state anything in the above regard.

Listening to such statements can bring a person to wrong perceptions, which may lead to incorrect handling of the matter.

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	RAMLA will be your   one-stop car accident claim service   in South Africa             Make sure that all details in the police accident report   will be true and complete, but don't expect too much and do not believe the police motor car accident report will be the foundation of your proof

Track and trace data of participants in the traffic accident, unlawful withhold to you or gave you even false data!

Missing out gathering required data at the scene of the accident, you may face the challenge to track and find the liable party, so that you can serve your claim.

According to the South African law, it is the obligation of all participants in a traffic accident on South Africa's roads, disclosing identity and other relevant details as contacts and residence, you are entitled to know protecting your rights.

In the attempt gathering missed data or verify wrong or lacking information, given by anyone involved in a car accident, who is obliged by law to give full and correct address and contact details, unfortunately not even the police will necessarily be your best friend, helping you to find out what you need.

The police should support you, even if they sometimes like arguing, that's not its business, as your damage claim is of civil nature and therefore the police cannot do anything, you can argue that it is an offence not disclosing or give false data and insist getting support from police.

Police must assist, in tracing according to the legal terms the South African law that states, in the act NO. 93 of 1996: National Traffic Act, 1996 at section 61. (1), we like to bring to your attention.

However the police must have some sort of orientation points or chances of investigation. In a "hit and run" case, where not even the type of the vehicle, colour and a part of the vehicle registration Number has been taken, the police is near to powerless to find the culprit, even if they like to support.

If it comes to hit and run cases, the only chance will be finding witnesses out of bystanders or within the neighbourhood, or CCTV footage, if available - check the area around the accident, robot poles, neighbourhood security installations etc. - or any other kind of identification measures, having a chance of identifying the culprit.

Some very clever motorist install own video observation systems to their vehicle, giving the advantage of having some sort of factual proof, if captured properly. We do recommend installing such surveillance devices as the benefits can easily outweigh smaller costs of installation.

Hit and run, in itself, is an offence and subject to investigation and conviction, let alone liability for the causation of the impact and responsibility to pay for damages.

Contact RAMLA (Road Accident Management & Legal Action), tell us your Motor Vehicle Accident story, the issues of concern, the problems you detect or face and get a free check and advice how to proceed.

We will check and analyse your individual case and revert to you - most of the time in a short circle of time.

For best results contact us by email initially, give us an idea of the incident, attach one or two pictures of the damages or relevant situation, the extend or value of the damages suffered - if already assessed.

In case of an Insurance claim decline, supply us with a copy of the repudiation letter, of give us the reason for the rejection and name the Insurance Company.

Should you like talking to us (phone contact displayed below), best do that after the initial email briefing, but keep in mind even we need some time to check about your matter first.

Your are very welcome to utilise such valuable absolutely free initial advice*

		RAMLA can be the solution in MVA matters Do you know that RAMLA is a specialised expert in handling and enforcing or defending all kind of MVA (motor vehicle accident) matters, pursuing motor car accident compensation claims, Insurance dispute resolutions, for its clients - effective - professional - decisive and resolute, to best and affordable fees.

As you probably have recognised on our comprehensive web information platform, we do know what we are taking about. We do invite anyone in South Africa, facing an MVA (motor vehicle accident) problem, to contact us for a first - free - analyse of your particular matter and get initial advice how to proceed. As a specialist in traffic accident recovery actions, we act for clients/members in the relevant manner, but based on a paid mandate or membership, if a need of practical support arises. We do offer a free first advice, to determinate your case and give you a direction how and what may be the way forward, in order to build confidence with a potential client. As professional specialists, in charge of acting in motor accident damage claims in South Africa, we offer a well performing, decisive and demanding claim pursuit, at affordable fees.   RAMLA will be your one-stop car accident claim service in South Africa                     When you need claim support for car accident damage compensation, in South Africa you are on the right web page. It's so easy contacting us by email. The effective way will be sending an email containing the nature, damage and problems detected. Once sent through to us, we will study the matter and after analysing the facts, we get back to you by email (most commonly within about 3 hours), with the result and advice, - free of charge. If you like explaining your problem to our claim manager on duty, you are welcome to contact us by phone for an initial briefing on cell 076 770 3179 (standard rates apply). For best results: dont't just call, once you took notice of the opportunity! First think what you like to get accross, best file it as email and call once you got our feedback. For reasons to convince you not just calling immediately, please follow: how to contact RAMLA successfully. It will be much more effective; if we do get a briefing of the matter via email, before a telephone call, so we will be prepared answering your questions. * please note that a practical claim pursuit will not be free of charge and comes with a paid mandate, but at reasonable and affordable fees, however take the chance to get initial free advice.		Car accident compensation claims for damages, may cause some headache, in South Africa. RAMLA can be the solution to sort out MVA problems. Not everything in a compensation action goes smooth and the way wanted, as we are confronted with numerous possible challenges. RAMLA a specialised legal expert in material car accident damage claims, filing, demanding, enforcing compensation actions, supporting disputes in dispute resolution actions, with Motor Insurance Companies, or its Agents, work in Ombudsman's (OSTI) review cases, or defend a motorist against unreasonable or inflated compensation claims. Contact RAMLA to analyse your case, and get a free opinion where you stand and what to do next. You can contact RAMLA 7/24 and receive a response soon. It's so easy, just e mail your story and attach what you got to make the RAMLA claim manager understand your problem. Just draft a brief report of what had happen and send it (use this mail link) to RAMLA for free analyses and you will receive a reply soon. Contact us now and let us know how we can help you? email us your story and details to ramla@ramla.co.za for a free first analyse and advice.

Extract of NO. 93 of 1996: National Traffic Act, 1996 at section 61. (1) - Source Government of South Africa

The driver of a vehicle on public road at the time when such vehicle is involved in or contribute to any accident in which another person is killed or injured or suffers damage in respect of any property or animal shall

a. Immediately stop the vehicle

b. Ascertain the nature and extend of any injury sustained by any person

c. If a person is injured, render such assistance to the injured person as he or she may be capable off rendering

d. Ascertain the nature and extent of any damage sustained

e. If required to do so by any person having reasonable grounds for so requiring , give his or her name and address of the owner of the vehicle driven by him or her, in the case of a motor vehicle the registration or similar thereof

f. If he she has not already furnished the information referred to in paragraph (e) to a traffic officer at the scene of the accident, and unless he or she is incapable of doing so by reason of injuries sustained by him or her in the accident , as soon as reasonable practicable , and in any case within hours after the occurrence of such accident, report the accident to any police officer at the police station or at any office set aside by a competent authority for use by a traffic officer , and there produce his or her driving licence and furnish his or her identity number and such information as referred to in paragraph (e)

End quoting the law



Having read the above extract of the South African law, which clearly describes what a participant has to do when involved in a traffic accident, RAMLA obviously concluded that it is a breach and violation of the law, if a participant in such auto collision withholds his/her identity and address details or give false information, even if only minor property damage had occurred.

In that light, the South African police is obliged and should be forced to investigate in such matter, if they are not prepared to do so, right away, and do not advice a South African citizen to look for private ways of investigation, to find out about other persons details, as stipulated by the law.



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Towing and Storage cost can lead to financial risks up to loss of the car for just storing the damaged car at open grass yard

Towing and Storage of a damaged vehicle, right after the accident, can become more than just a headache, as costs may explode and the towing guy's prepared to give a fight.

It isn't for a small reason, that many vehicles are equipped with a "don't tow" sticker. The motor insurer will not be trapped, as some other trusting motorist may, all too often and hit all too hard, still facing the struggle of compensation.

The towing industry in South Africa is widely seen as a controversial one, looking to make best profits out of a very simple business.

What they learned is how to handle people, in desperation just after a car accident. The do offer a peace of mind, telling those in danger, targeted to be "robbed" by those calming them down, they must not be worried as the insurance will take care of all and they don't need to fear anyting.

How can they know that? Do they really know more, as the insurance admin himself? Isn't there always a risk the insurance service assured, won't kick in at all?

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.

Get any damaged car off such yard, charging fees, immediately as cost rise day by day.

Certainly, this risk is very immanent and cannot be left without a very critical and timely attention, if a vehicle is towed to a yard that charges storage fees.

If there are problems and the Storing Yard will not release your vehicle, without pay, it is risky and depending on what you may have signed as to terms & conditions with the towing guy, you may lose your car, if the towing company can just sell your car to offset the bill.

In case you haven't signed such bad conditions, you may engage the SAPS to get the car released.

It is however important, that you don't have entered into contractual relations with them, as per example, any Insurer had given the order to tow or/and store.

In such a case, the Insurer should or even do so, telling that after Assessing Damages, the car should be removed from such a facility, or otherwise the car owner will be liable for additional cost after the date to remove.

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

The first and important step, before you should allow towing the not drivable car to their yard, if there isn't any other option, find out about all the costs applicable.

A panel beaters or repair workshops place is much preferable as the towing yard, if there isn't a place of safety that won't charge for storage once there, which is the absolute best to do.

Your own home is the preferred place getting the car to. If there is no chance towing the car to your own place, look if there are possibilities with friends or family to do so, somewhere nearby.

Otherwise rather take the higher towing fees, for the longer distance and get the car home, instead leave it with the towing company.



Should there be no other option as just the towing yard, check the order form, front and back, and don't get rushed. You will be held liable for all those expenses you may sign off, before you get your car released from the storage facility.

In the case you may be injured and rushed to hospital, and neither have had time to instruct someone to oversee the towing as to the above, you need to remember to attend this matter as soon as you physically be able to do so! No joke, it's as important, if you don't want been ripped off.

While the damaged vehicle is stored with the towing company, the claim for compensation for the damages comes to the fore, taking a lot of attention and possibly let forget about the urgency of the storage problem.

It may even be the case that the other party or Insurer announce an inspection/assessment of the damages and intend to do that, where the vehicle is presently stored.

The victim, still confident of achieving a solution, waits and gives the Insurer the opportunity to assess the damages.

If all goes according to plan and a satisfactory or even a non-satisfactory settlement is accepted, just to end up problems, it will be depending on the settlement offer, what actually happens with the damaged car. Many of those motor cars been towed and stored after the accident, may be found to be "written off", not economical to repair.

The majority of those 'write off' will not be repaired, neither by the Claimant nor by the Insurer and be disposed as scrap, sold to dealers specialised in such business.



The difference, if there may be a problem with the towing guys, will depend, what a settlement is reached and who disposed the wrack. Should the Insurer take over the scrap for disposal, they sell the vehicle to SMD (Salvage Management and Disposal) or similar buyers, often to pre-arrange percentages of the market value.

Furthermore the Insurer commonly do have arrangements with towing companies, or put in its weight to press the towing company to accept what they feel fit. That means there will be little or no problems to get the vehicle transferred. Should the Insurer dispose, there will be no trouble for the previous owner with any such storage costs.

Unfortunately the towing company will not do the same with an individual, but rather try to make the most of it, finacially.



The problems starts to be feeling real, once the settlement will stipulate the owner of the scrap must dispose/sell or repair the highly damaged vehicle.

As the time comes to see to the scrap, a number of days or even weeks have been gone by. Arriving at the yard, in order collecting the vehicle, the collector will be shown the invoice.

The invoice will bill for the towing, commonly amounting to about more than double they will be allowed to bill the Insurance.

The next item will be storage. Storage will be billed by the day. Rates these days have come to be between R 250 and R 350 a day! In comparison with Airport parking fees, the Airport appears to be a bargain.

The storage fees don't contain any physical shelter nor any insurance for unintended or 3rd party damage or theft, while in custody of the towing company. Just parking on a lawn, exposed to the elements and theft, often to be observed, if there are valuables at the scrap, which can be utilised for cash, such as mags and others.

Certainly no one will be liable therefore.

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

Back to the attempt to get the car out of the yard, they will tell, that the invoice must be paid up, before there will be any chance to get the car released.

As already some time gone by, it's easy to understand that the bill will at least be in the range of R 10 000.00. Nobody regularly expect to be billed such amount for just a storage in a scrap yard. But as towing may make out about 4.000, its only less than 20 days storage, at a rate of R 350.00 per day, to be there.

Many people, already cash strapped through the detrimental of the accident loss, don't have such money readily available. Getting home and looking for support is one of the common actions. But R 350.00 of storage cost every day adding on to the bill.

Coming back to the yard some days later, the bill is increased and depending on the amount they say is due now, it may be suggested that the scrap isn't even worth more than what is to be paid to get the car out.

The suggestion will be, set off the debt against the scrap and go home without a car or any reward for "giving" it to another, if accepted.

What can be done to get the trapped car out of the yard

In case, you yourself or one of your representatives have authorised the towing and perhaps even signed the towing order slip, there will be little or nothing what can be done, other as to negotiate, pay or leave the scrap to them.

However, if no such authorisation given by you the owner or your representative, but perhaps by any other person or institution on own account or on your behalf, you don't necessary have a contract with them. Without contractual relationship, there is no agreement about such exorbitant storage and towing fees.

The interpretation of law stipulated, that a lien or even called retention right, supports the main claim, but in exercising a retention, the right is depending on the contract. That means, where no such contract is as the main business, there is no right to retain.

The party who exercises the retention, must proof the existence of such contract - the main claim - and if they aren't able doing so, they cannot sustain such retention of the car.

The local police may help you to get the car released, once you provide them with the information above and/or try and lay charges of fraud and theft.

Submit your accident documentation for initial review by RAMLA claim service, and receive comments and recommendations, absolutely free.

Witness Affidavit testify about car accident circumstances

Witness testimony is an important support in any claim for motor vehicle accident damage compensation.

Having an eye witness to testify of what indeed happened can be the cornerstone in many claims, especially if it comes to claims attended to by motor insurance claim administrators.

A parties witness testimony can support own argumentation and rebut false or fabricated views made up purely for the reason to decline a legitimate car accident damage compensation claim.

A witness testimony can be done in any form, verbally, written or best as witness Affidavit. The witness Affidavit is similar to a written statement, but made a sworn statement to strengthen the value of its content.

As any Affidavits, such can be certified by a commissioner of oath, of which one should be available at any South African Police Station, or by any authorised other commissioner.

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Affidavit confirming repair needs/costs - Quantum

In order to address the damages caused by a car accident in South Africa, the Quantum must be proven.

One of a number of common problems can be, sustaining the damage calculation or assessment, stating the vehicle damages and certify fair and reasonable repair costs.

Any damage listing, be it in the form of a workshop repair quotation or as professional vehicle damage assessment, should be certified by a valid Affidavit.

A repair or damage supporting Affidavit must identify the person in charge, the qualifications and lay out the way of inspection or repair, the reasonability of those costs, and the correlation of causation through the car accident as well to certify those costs are fair, not inflated etc.

Any workshop or qualified person examines such car accident repair value, such as labour, parts etc, should be prepared to file such supporting Affidavit.

It is however noticed that many of those people supply a damage calculation are reluctant to do just that, which is not understandable and should not be accepted. A lack of such expertly certified damage value, can lead to serious problems to prove the damage to the Insurer or more importantly to a Judge in a court of Law.

It is highly advisable to get such Affidavit early and not just at the latest time, as such may cause the one to certify, perhaps feeling unable to testify in the manner requested, after long time gone by.

In any case, where a victim of a traffic accident crash has had the damages repaired on own expenses before a compensation action is finalised, to make such Affidavit an obligation when giving the repair order.

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Affidavits confirming non Insurance cover

Non Insurance certifying Affidavits are requested by South African Motor Insurance Companies, in most initial claim applications, from persons claiming 3rd party damages.

A non insurance Affidavit has the background in shelter persons or institutions sued for damages against "Insurance fraud". It should be a legal remedy for challenge double claims, from own and 3rd party cover.

Such Affidavit is just a formal matter and do not contribute to any factual circumstances in a claim.

As any Affidavits, such can be certified by a commissioner of oath, of which one should be available at any South African Police Station, or by any authorised other commissioner.

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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

RAMLA - is an experienced legal expert in most MVA - Motor Vehicle Accident - issues.

We act professionally and decisive for the - Demand of damage Compensation - Dispute Resolution - Defence against inflated or unreasonable claims, as well as for damage recovery caused by bad workmanship after car repairs.

With more than ten years of professional experience, well educated stuff, knowing the subject of car accident issues and solutions, we have advised many, many inquirers in the first steps to take for a solution,

- free of charge - ,

and over the years, served a high number of clients to solve differences with parties, addressed compensation actions, acted against unfair Motor Insurance declines or short falling settlement offers, pursuit reviews with the Industries Ombudsman and filed law suits and defences.

RAMLA do know very well, that all cases are individual and need particular attention to the details, as only a well structured and factual claim can have chances to success. With us, you can feel save.

If you valued visitor of the RAMLA web information platform, do have any such problems listed above, you may well be good advised to contact us and brief us - best by email - with what had happened and may be your problem.

Our initial reply and advice will be free of any charges or obligations,

but an active pursuit of a claim or defence will come with some smaller fees.

RAMLA Expert Partnership


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

Legal profession

Panel beater or auto
     body repair workshops

Independent vehicle
     damage assessors

enhancing mutual business at no cost to either side.

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




SMS "network" your name and industry, place of business to 076 770 3179
and we call you, or send to
e-mail info@ramla.co.za

	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