Motor car road traffic accident damage recovery, is what our subject is all about.
Below please find some issues and occurrences of common interest, listed and linked.
Car accident issues that matters most:
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.
Car accident lawyers and professional claim managers, enforcing traffic collision damages.
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.
RAMLA do concentrate on material or financial damage compensation claims, to get another paid from the wrongdoer and liable party, in an accident scenario.
Such claim can be one directly against a wrongdoer in person, or dealing with representatives such as Lawyers or Motor Insurance Company claim deciders.
Any claim needs to be funded on evidence and factual arguments supported by proof.
It 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.
The bad thing however is, if it is missed and not thoroughly attended to, gathering and secure all facts possible, it is almost impossible to get such evidence time after the accident anymore.
It may happen that potential witnesses drive or go away, debris be cleared, faulty traffic lights be repaired, or CCTV footage deleted.
Pictures from the scene of the accident, document vehicle positions - damages etc., can only be taken, if and when cars are still be in place, which - once available - will have significant value in proofing and 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.
This is what is needed to be knowledgably and competently addressed and achieved.
Once a claim is addressed, formulated and documented, still the reaction of other parties needs to be waited for and to be seen.
It is to no certainty that reporting a fair claim which 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.
Unfortunately it can be another weak point, as many 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 - too late, and in the meantime doing all they can to address a compensation action.
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 what one faces will be fair and correct.
We do believe it is worth taking time and effort to check on any doubt, before accepting.
Sometimes even bodily injuries - inflicting to human beings harm and pain - occur.
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 - we do not deal with bodily injuries claims.
Many specialised lawyers offer its services to solve matters, 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 those subjects over a long period of years, attending thousands of requests
analysing, supporting and pursue material car accident claims, effective and economical.
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 of useful information on the RAMLA (Road Accident Management & Legal Action) web pages
However, not each and every car accident compensation claim will be fair, correct and reasonable or may perhaps be inflated.
Proper defence against such unreasonable vehicle accident compensation claims or actions, will be crucial
Defending against inflated claims isn't as challenging as perhaps thought.
Utilising the right knowledge and decisive defence action, most unreasonable demands can be solved or stopped entirely.
RAMLA offers You:
Free initial claim evaluation
Free case analysis
RAMLA offers a first free analyse into the details of a particular motor car accident, in order advising what will be your position, your aspects and the recommended way forward.
After checking the brief information - we like you to supply us with via email,- in order to determine the situation, especially the question of causation, liability and subsequent responsibility for compensation under South African traffic legislation and circumstances.
In cases of a motor insurance disputes, we look onto the merits and the reasons leading to the dispute, in order to advise.
What is needed to do so and best submitted via email to firstname.lastname@example.org will be:
1. Brief information what had happened, the road situation, arguments others may utilise, your position/point of view of the matter, you look for initial advice.
2. A reference to damages and values are appreciated or one or two pictures of the damage may be submitted, so we can check about the rough damage value.
3. Probably a sketch of the scene of the accident, showing all the vehicles involved in positions - before - at impact - after impact (still stand) and further display important road marks, traffic signs, robots etc.
Kindly make sure you give us your initial briefing in your own words and don't just forward a full set of dispute information to be scrutinised, as this isn't part of the free advice offer.
Please further make sure your attaches do have a reasonable size, especially pictures, as some devices today take exorbitant and absolutely unnecessary high resolution pitures.
Contact RAMLA by following this email link Contact and secure a swift and free first advice, returned to you by email.
Should you want to know before you contact? Follow this link to more info.
Unsatisfying or even unfair Settlement offers, should be challenged and not just accepted.
Unfortunately most unfair settlement offers will come from South African motor insurance companies, which by no means, not always will have the merits to stand a challenge.
It is well worth to look into any unsatisfactory offer and chances for betterment should not be ignored.
Car accident lawyers and professional claim managers to analyse, support and pursue your material car accident claim, effective and economical, nationwide in South Africa.
You will find a lot of useful information on the RAMLA (Road Accident Management & Legal Action) web pages.
You need to claim for motor vehicle damages in South Africa (RSA), after a car crash and damages occur to your or other automobiles or even worth, people had suffered bodily injuries.
South Africa has two different procedures to claim for motor car accident damages.
The one is if you need to be compensated for bodily injuries. Those claims are not covered under motor insurance contracts and served by a state organisation, the South African Road Accident Fund, mostly called RAF.
This institution is funded by a portion of money raised from patrol taxes and the Road Accident Fund pays out to the bodily harmed person in a motor accident on public roads in South Africa.
Claims for bodily injuries compensation follows its own rules in South Africa (SA). They must be addressed to the Road Accident Fund which is established to compensate all those who indeed suffer bodily injuries.
RAMLA - Road Accident Management & Legal Action - does not deal with such bodily injury claims and refer anyone who is forced to set out a claim to a specialised lawyer dealing with Road Accident Fund claims on a daily bases.
Once some advice in terms of motor car accident damage compensation recovery is needed, you are on the right web pages, and if you need support to claim for any material motor car crash damages to be reimbursed for damages to your vehicle or property, getting your motor car repaired and back on the road.
To claim for material motor vehicle damages you need to follow the rules of the civil law of South Africa.
Before one starts a legal claim or spending any money on fees, it will however be a good idea to get in touch with the wrongdoer or deemed liable party of such road traffic accident, to find out if there is a way to solve the matter and get your fair car accident damages paid, before one consider to apply the law and take legal action.
Claiming for vehicle damage compensation always starts with gathering of facts and details what had happen and go further with an analysis of the damage to your motor car. The results then can be assembled to prepare the actual and factual compensation claim, whether that must be heard in court at the end or being referred to the insurance of the liable party, which in turn hand such over to the motor insurance company they are insured with.
The process of a claim for your fair and full motor car accident damages is never one of joy and most often more than not unpleasant and time and money consuming.
The RAMLA web pages are created to give you some input, what you may expect when you start to claim for your material compensation. It may always be a good idea to find some claim support, either from conventional lawyers or from independent specialists for the pursuit of motor vehicle accident damage claims, such as RAMLA (Road Accident Management and Legal Action) in South Africa.
Submit your story to the RAMLA claim manager on duty and get a free evaluation of what RAMLA think is your position in the case and what are your chances and risks.
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.
Procedure and pursuit of MVA matters
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
How to pursue a car accident damage claim to receive adequate compensation, demanding or sue, if the liable party don't pay for road accident destruction, in South Africa? RSA
After a motor car accident on South African roads, the matter of damage compensation will come onto the agenda. The first important tasks must already be attended at the scene of the collision, by taking the relevant evidence.
Relevant evidence will be all sorts of facts, which will be needed to proof a case for damage compensation. A claimant, (the one suffered damages and is looking for fair compensation to repair damages) is the one who must proof the case, despite he may be the victim.
The other party, i e the alleged perpetrator, in legal terms known as the Defendant or Respondent, have all the chances denying a claim, just as they deem fit. There is no compelling obligation for the one, accused to have caused the motor vehicle accident throughout negligent driving, accepting or even engaging in a claim demand, immediately.
A possible dispute about the impact, causation and liability and many other aspects may arise and points of views can be very different. Depending on the knowledge, attitude, or simply based on a non-funded decline of a claim, the dispute can become problematic and challenging.
Good and founded arguments should be expected, at least from a Motor Insurance claim agent or other knowledgable persons, involved in an attempted solution of a claim, if analyses or investigations come to the conclusion, the claim should be declined or at least "Apportioned".
Apportioning does mean, that the demanded party alledge, the other (Claimant) party, will have contributed to the traffic accident, out of several possible reasons (not have complied with the obligations in traffic - not have had a proper outlook, not been evasive to avoid an impact, have not had enough safty distance or speeding, and many other arguments, commonly offered as case precedents, to underline the "importance".
It must be emphasised that by far not all such citation of precedents can stand a review, as i e not being fairly applicable to the particular case or not even in the range of the real situation. However, the instrument of apportioning is popular and easy to apply, if successful, cut a deep gap into the pay-out for damages, as to what may be expected.
Apportioning not only means, the offer will only be a percentage of Claimants own damage, but the remaining percentage to 100% will be accounted for the pay of the other parties damages and further deducted from the compensation.
An action to claim for car accident compensation starts with facts and evidence, damage analysing and demand, to be served to the deemed liable party
The matter of facts and evidence are crucial in all legal actions and claims in pre-litigation, such as a compensation claim for recovery of damages, emanating from a traffic accident.
The problems in a number of cases are, that important evidence should be taken, will not be met or sometimes not be as good and complete as possible, right on the scene of the car accident, before moving vehicles out of the positions, they came to still stand, after the impact.
Containing the direct and real evidence, should be best done in form of photographs and sketch of the scene, showing all the participating vehicles in its positions, before - during and at still stand, after the impact and being identified by a legend.
Attention should be given to break marks, traffic signs, other relevant impacts, as whether conditions, blockaded views to observe traffic, and other evidence, lay down of what the parties did in driving the vehicle, before the impact, if they tried avoiding the accident, etc. and if there will be witnesses, which always is of advantage.
Making use of an eye witness, required the contact details, often not be attended good enough.
There may be a number of challenges to be overcome, if not all goes according plan, just from the beginning. A claim for car accident damage compensation is an individual process in regard to facts and damages to be dealt with, but has to follow some rules.
As to the nature that all claims are different and individual, no standard context can be given and even the process itself only scratched, as lot of the issues and the reactions are depending on individual behaviour of parties involved.
However all starts with the gathering of evidence and the assessment/repair quotation of damages, so to know what can and must be claimed in value.
Once all that is at hand, a demand needs to be formulated and served to the party and demand to pay, informing them about the claim and setting out a timeline to respond or to pay.
It is not rare, that problems can start right in this early stage of a claim, if the demanded party choose just not to react and pay "hide and seek" with the claimant.
Your specialised expert to sort out MVA matters
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How claiming or enforcing car accident damages, once involved in a traffic accident in South Africa
In order sorting out car accident destruction, the parties expect not to fall short of compensation, if there is proof the claimant wasn't at fault.
The South African law, awards a motorist, who can successfully claim not having contributed to the cause of the accident at all, and the other party being the sole cause of the negligent driving manoeuvre, all the fair and reasonable repair costs to compensate for the damages, but not more than the "market value" or in legal terms, the pre-collision value of the vehicle in question (condition of the vehicle before impact), to put the victim of a traffic collision into the state they have been financially (equalising the loss) before the impact.
This will leave room for a number of differences, if claim adjusters or assessment experts , will decide or determine those figures, for the parties, as commonly representatives or insurance admins apply auto value schemes, designed for the car trade industry, to arrive at a "market value".
But in reality the market decide about the "market value" that's what the name implies, on the principle of a willing buyer and seller. That market value can differ to those in the schemes, most commonly having a negative impact for a claimant, as a reduced market value will equally reduce the compensation.
Finding someone in a position, having a successful car accident claim in South Africa, will take time and efforts to research carefully, and more often than not, special knowledge will be needed.
Getting compensation for the motor car damages, suffered in a traffic accident on South African roads, hopefully the police to attend the car accident scene properly filed a report and being in possession of the police accident report (PAR)will help with some details.
However one should also have a own accident report file where all the important details are noted, such as contact details, email etc to underpin the proof of the car accident claim, to the best of ability. It must be known, that the police report isn't designed for civil compensation procedures and don't give reliable answers to the question of liability, as the police only note facts they see or been told, mainly in regard of violation of traffic legislation and not primarily for enforcement of damages.
It is sometimes observed by RAMLA (Road Accident Management & Legal Action) that many South Africans involved in a car accident are reluctant in serious preparation of the accident documentation. Being better prepared and have better documentation of the facts as the opposing party, deemed liable for the car accident damage, can (will) make the difference.
The next step is to assess the material car accident damage. One should be very careful in doing so, as this is another crucial part of the proof for a later dispute (please compare damage assessments). It will be especially important, if a case cannot be solved or paid in the due course of the claim pursual, if differences are not solvable and matters need to go to a court of law for an impartial decision. The judge/magistrate will require a suitable proof of the reasonable repair costs, after having determined the case liability and making an order for compensation.
Once the car accident damage assessment is done, a demand must be filed and a claim lodge for compensation lodged to be paid for the repair of the damaged car, with the driver/owner who caused the accident, and to obtain payment.
If the other party is properly insured against MVA damages, a claim can be addressed to the Insurer, once the other has reported the incident to the Insurance and provide the case reference and contacts. But one should be aware, that the Insurance Company does not form part of the matter itself.
In legal terms, the insurance works only in relation with its client and will pay, once the matter of liability and damages are agreed upon, despite most Insurer take the role to administer the claim on behalf of the client. The reason therefore however is only to give the Insurer the chance to negotiate the best acceptable solution.
Filing a claim for car accident compensation entails a lot of time consuming, administrative work and requires experience.
The chooses are, doing the work yourself, appoint an attorney or select a car accident manager such as RAMLA, to do the work for you. Filing a claim on your own, always keep the focus on proof and evidence, in order putting forward a successful car accident damage claim.
Filing a claim, always starts with the evidence at hand, such as pictures of the accident itself, a sketch of the scene, a copy of the Police Accident Report (PAR), if the case been reported to SAPS, own notes of contacts, witness and any other imported information. Thereafter the damages must be calculated and listed to be supplied to the other party together with a letter of demand.
All what will be next depends on the reaction of the demanded party.
When a car accident claim or demand is disputed, by the other party, either on grounds of liability or damage claimed for, and cannot be settled in pre-litigation (all before a court of law must be approached, one is facing a court action or case to claim and fight for correct and fair and reasonable motor car accident compensation.
In order to be capable claiming for traffic accident damage compensation, one must have some good knowledge of the entire claim process including legal actions. If you are doubtful to have such knowledge you should look for support. One solution is to appoint your attorney.
But mandating an Attorney in this early stage of a claim action isn't the best solution. Appointing an attorney and mandate them to pursue the claim for MVA compensation, can be costly and if successful at the end, one may only be recuperated for 1/3 of the legal costs, even if the claim is 100% successful.
Mandating an Attorney will be best, only after the so called pre-litigation phase, after demanding the party, but unable to agree to a satisfactory solution or settlement, for its core business, the Litigation in court.
If you want to enforce the motor vehicle accident damage compensation yourself, you have to send a letter of demand to the liable party, provided that you are sure that they are in fact the liable party. A deadline with a specific date should be set for them to respond to the compensation claim. If the party fails to cooperate, a complete court case must be pursuit.
A claimant is allowed to represent himself in the lower courts of South Africa, but that is only advisable, if one really knows what and how to act and provided the time to draft all court papers needed. It must not be forgotten to meet timelines, not to go the risk, just to lose out through a technical mistake.
RAMLA is a specialised expert in all sort of car accident claim management and dispute solutions, in South Africa may be the right alternative to facilitate your claim.
We don't only do have the full expertise in MVA matters, do know the behaviour of some parties or insurance companies, to scale down a claim or even deny a legitimate claim, RAMLA further offers service options that covers the entire process of a claim action, for a capped fee, but not limited on our actions to perform and facilitate the matter.
That is very different to the regular mandate given to an local attorney, who commonly bills for time spent/hours, which can work out very costly and isn't to quantify upfront.
Analysing the benefit of the economical side, the different billing RAMLA offers to support any such car accident claim, we say, you will be surprised of what RAMLA is capable to offer.
A RAMLA member however, will be served free of charge for entire the compensation action, covered under a valid membership.
You can always apply for new RAMLA membership and immediate claim service, even if you are involved in a accident matter already. If your application is approved by RAMLA, you will enjoy the benefit of being indemnified for all arising costs in pre-litigation for the pursuit of the car accident damage claim.
|| 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 directly for a free check of your particular case issue and advice, by following the link.
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*
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.
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 email@example.com for a free first analyse and advice.
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.
Details and information needed to draft and serve a demand?
A letter of demand is the first official step in addressing the other party/parties in a vehicle accident compensation action.
Such letter of demand can be very short, just telling the other party that they are held liable to cause an accident and subsequent damages.
However this will not be the best of standards as a proper demand should state:
1. The accident itself must be addressed as to the situation and the reason why the demanded party will be held liable for compensation of the damages.
2. The legal background for such allegation, setting out the obligations violated and reasons and proof, for the fact of liability.
3. State the destruction to the vehicle and the repair costs, if the damages aren't as severe as the expected reasonable repair costs will exceed the pre-collision value. If so, the market value and salvage must be addressed.
4. Other consequential damages must be demanded and its value shown. That may be broken eye glasses or spectacles, the towing and storage cost etc.
5. Presentation of witness (eye witness), expert examinations or other relevant evidence cited.
6. Conclusions and a total sum of damages.
7. A date to respond or pay
8. Pictures of the damages
9. A complete sketch of the accident scene itself, including all positions of participants
10. Any other relevant matter, essential to convey to the demanded party.
In the other party is properly insured against traffic accident damage claims and has reported the incident to the Insurer, sometimes the Insurer supply what they require to entertain the claim.
However a full letter of demand, addressed and sent to the liable party directly should take place, even if the insurance enter into a case evaluation. A copy supplied to them can help clarify the point of view.
The matter an Insurer is analysing a claim reported, does not mean it will be a done thing and the claim be paid as expected. Many surprises have been observed, which can lead to some disappointment or even desperation. The spectrum of problems can range from a pure decline, over apportioning causation, differences in values and repair costs and many more.
How documenting the motor car accident properly?
Essential for the documentation will be:
1. The damages.
Damages should be estimated, either by repair quotation from a reputed panelbeater or Auto body repair workshop, or throughout a professional damage assessment of which the results will be shown in the assessment report.
Professional assessment will be of benefit, if damages are as severe that there will be a risk of having the vehicle "written off", essentially meaning the repair costs will be equal or higher as the pre-collision value, or sometimes named the market value of the vehicle in conditions before the impact.
Detailed photographic evidence should be secured.
If the damages are calculated from a repair workshop or panel beater, an affidavit that states that the experienced and qualified repairer have carefully estimated the true and reasonable costs of repair, which will be of high benefit, should matters need going to a court of law in a later stage, to qualify the damages properly and not been lost after a long period of time, court procedures may take sometimes, not getting any urgent needed statement to the verification of the quotation, that long after the calculations done, and the damaged car either repaired or sold, so damages are not available for certification.
2. The issue of the legal aspect of the traffic accident
Formulating the legal aspect in a compensation action needs the knowledge of the rules of the road and other impacts of legal aspects applicable. It will not be as easy for a layperson to do so properly and indeed suitable as argumentation and evidence.
It may well be, that the other party have a complete different point of view, which may initially lead to a claim decline. Suitable and founded knowledge of the legislation and case law will be needed to rebut such decline, if incorrect to accept.
Insurance companies claim administrators often cite case law for the reason of its decisions in terms of settlement offers or declines. One should be aware, that by far not all such attempts are correctly applied, as each and every traffic accident is different and the citation of case law is only suitable for the principle of the matter, but not to decide a case responsibility.
It must be aware the fact, that a motor insurer may take a incorrect statement made by the insured client, as to how matters developed, as the motivation to decline a claim, not looking into details of facts or any other evaluation of the matter.
3. The details of the scene of the accident
The facts what happened at the scene of the impact are even critically essential and need to reflect the full situation, including subjects as the singing and marks of the roads, debris, break marks, external damages to property (i e - damaged Traffic Light Pole - damaged walls - trees etc.)
The sketch should reveal or give an opportunity to study the way the accident came into effect, so to show positions of vehicles in all respects, positions of possible witnesses and comments to driving manoeuvres or allegation of negligence to be derived from the plan.
The evidence a plaintiff need to supply must show on the balance of probablies that the alleged and demanded party's negligent driving has been causal for the damages.
Further preparation filing a claim recovering damages
It will be remarkable, if a claim will be approved just by supplying a demand. In a 3rd party claim, some difficulties are more expectable as not.
Once the claim is addressed in a qualified letter of demand, it will be seen what reaction will come from the demanded party or his/her insurance.
If the other party address the issues in a qualified manner, the challenge will be to apply the correct legal arguments to get matters decided in the correct way. Similarly it will be the matter if the damage value or repair costs are on dispute.
It will therefore be advisable to enter into a mediation process to find a solution. It must however be kept in mind, that i e Motor Insurance Admins are regularly no qualified or learned legal experts, but do have a vigorous bundle of arguments at hand, to impress another party not having such experience to verify correct from wrong or not applicable, next to a day to day task and experience, working on MVA demand matters.
The preparation should be, to have such intimate knowledge of the traffic legislation and effective evidence or at least to know where to look to find it. RAMLA does have the knowledge and make it available for client to process a demand action.
How getting on with a practical claim for damages?
Once a claim is launched with the other party, a decision whether or not the claim will be accepted and in which manner.
If there will be no common ground to settle the matter, all what will be left after having applied all avenues available to resolve the dispute, only a court of law can eventually finalise a disputed claim.
Matters in South African courts are not of short term nature and take time and efforts. It will even most commonly be a costly exercise, getting through the full process and before hopefully getting a positive judgement.
It will therefore be necessary to know about chances and risk in a matter pursuit in a court of law, before deciding to go the way. It must be looked on either in economic terms or if it's a matter of principle that the action must be performed.
The attorney in charge or to be mandated, therefore does have a huge obligation to do the best advising a client of risk, chances and costs, before getting into the action.
|| RAMLA is a specialised legal expert in all MVA matters, claims, disputes (3rd party / comprehensive Insurance cover) and defensive actions against unreasonable or inflated claims, professional - affordable. Contact RAMLA for your support to have a damage claim paid or defenced. Contact
What kind of damages can be claimed for?
Generally all types of losses or harm form part of a compensation action. However, not all damages or inconveniences can be claimed for.
The most important damages may have been to property or bodily harm. In South Africa, both types of losses must be addressed differently.
As damage to property will be a claim based on delict and needs a civil action, which sues the wrongdoer in person or cooperates, the state and its organs or in party, but indirectly any indemnification scheme, such as insurance cover.
Bodily harm must be addressed and claimed from the South African Road Accident Fund (RAF).
Material, financial damages, are those we deal with on the RAMLA web platform, are part of an action within the law of delict.
Material damages - destruction to property and consequential damage
Material damages are foremost those damages to the vehicles, or other property, directly damaged throughout the impact. Those are regularly the major damages. You may find more by following:
How to claim for damages
Consequential damages are those occur as subsequent needs or damages, such as towing and storage, assessing/calculating the damages, broken load (ie. Load stored in the boot, smashed by a rear accident - glasses/spectacle broken in due course of the accident, etc.)
Other consequential damages can be Car Hire. However in terms of car hire there are some specifics and limitations as to who will be entitled and for how long.
One general aspect is always to keep in mind, that all parties in an accident do have the obligation to mitigate damages as much as reasonable possible. That means, no extended times of storing a car on a yard, charging fees for the parking. Further that means, car hire can only be expected to be awarded for the time of repairs, not unnecessary prolonged.
Another fact in terms of car hire will be, not all participants in a motor vehicle accident are entitled to claim car hire, as to limitations in our law. Find more about car hire following this link.
Such consequential damages should be addressed within the claim for major damages, but listed separately and explained why such are consequentially damages by the impact.
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Dear valued reader, checking out the RAMLA car accident compensation platform; obviously you do have some traffic accident damage issues to solve.
Contact RAMLA directly for a free check of your particular case issue and advice, by following the link.
Car Hire for the time after the accident for repair duration, who is entitled and for how long?
Car hire for bridging the time to stay mobile, from the time of the accident to the car been returned repaired, should be a mandatory liability to pay for by those causing the accident and to be part of the compensation.
But unfortunately the South African law is not exactly like that.
South African law only grants a right for car hire to those who utilize the damaged vehicle for creating direct income, in due course of such business tasks.
As some examples, a person working on marketing or as sales representative and need to visit and see clients, a person whose business may be deliveries etc.
People in need of transport to perform daily duties or go to and from work, are excluded and will not be awarded any car hire expenses.
A person claiming car hire must show the need related to requirements, as per business or letter of confirmation from a supervisor.
However, car hire will not be accepted for a long period of time, as to high expenses. The duty to mitigate damages, emanating from a car accident, is a strict obligation for all motorists, involved in a traffic accident.
Who is entitled to claim car hire at all?
A compensation for car hire only applies, if the damaged car has been used for creating income. In other words, the huge group of private drivers are excluded at all.
The assumtiuon using the car to do the home business, leisure and even to go to and from work, is excluded and no such compensation will be granted in a general case.
Car hire must only be paid, if utilised to avoid higher damages as to loss of business/income.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 Expert Partnership
Become a local partner of our Nationwide Network of experts in adjacent industries, such as:
Panel beater or auto
body repair workshops
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
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.
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.
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.
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.
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.
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
Anther source will be www.book-value.co.za as well as www.autotrader.co.za
TransUnion Car Value Scheme