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. 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

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.

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.

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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.

read more about: Steps to be taken when filing a 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.

If you want support to be compensated for your car accident damage RAMLA can be your one stop solution.

Please contact RAMLA by e-mail contact.ramla for a free initial case analyse

Want to know more what will be helpful to know before you contact RAMLA (SA)

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.

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.

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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.

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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.

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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.

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

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.

	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.

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.

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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
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	Market value, trade and retail value, scrap or salvage are all part in a "write off" case When it comes to more serious car accident damages often repair costs are high. Should repair costs exceed the market or pre-collision value of the motor car, it will be called a "write off". Unfortunately many of those been written off is caused by a decision of an Insurer. The manner in which the car values of a highly damaged vehicle being evaluated, is by applying value schemes, often inappropriate schemes or wrong assessment results should be challenged. A write off can cause many hassles in some regards. There are some value schemes offering private persons a one time free value check. Below as an example, TransUnion Car Value www.carvalue.co.za Anther source will be www.book-value.co.za as well as www.autotrader.co.za TransUnion Car Value Scheme www.carvalue.co.za