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Motor car road traffic accident damage recovery, is what our subject is all about.
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Below please find some issues and occurrences of common interest, listed and linked.
Car accident issues that matters most:
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Caught up in a car accident
in South Africa, may force a party to claim damages from the wrongdoer,
or may lead to the need to defend against inflated or unrealistic claims.
RAMLA - Road Accident Management & Legal Action
Car accident lawyers and professional claim managers, enforcing traffic collision damages, effective, decisive but affordable.
Caught up in a traffic collision were motor cars/vehicles been involved, most of the time material damage or damage to property such as cars or other amenities, will come along with the impact.
An impact causes damages and compensation for repairs is automatically at stake.
RAMLA do concentrate on material or financial damage compensation claims, to get you be paid from the wrongdoer and/or liable party, in an accident scenario.
Such compensation claim can be one directly targeted against a wrongdoer in person, or dealing with representatives such as Lawyers or Motor Insurance Company claim deciders as a 3rd party claim.
Any claim needs to be funded on evidence and factual arguments supported by proof.
Proofing a claim is often easier said as done, as proof comes - in almost all cases - from the circumstances of the accident and evidence need attention right at the scene of impact.
Given if it is missed to secure evidence at the scene and its been not thoroughly attended to, it is time to do it now and act to secure all facts possible.
It is certainly not impossible to get such evidence, even in time after the accident, but it can be more difficult.
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Free case analyse!
Dear valued reader, checking out the RAMLA car accident compensation platform; obviously you do have some traffic accident damage issues to solve.
Contact RAMLA for a free check and advice about your particular case issue. Just tell us about what happened and problem you face.
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It may happen that potential witnesses left without identification, debris be cleared, faulty traffic lights be repaired, or CCTV footage deleted.
Pictures from the scene, document vehicle positions - damages etc., can only be taken, if and when cars still be in its places, which - once available - will have significant value in proofing facts and help reconstruct the impact or scenario.
As much important evidence is in itself, it is evenly relevant to know how to use it.
The ultimate goal is to be compensated for losses.
Experience is needed to be knowledgably and competently in order to address a claim and achieve a fair compensation pay.
Once a claim formulated, documented and served, still the reaction of other parties needs to be waited for and the content thereof to be analysed.
Results will define actions as what steps will or need to be taken next.
As a claim is formulated and supplied, it is to no certainty that reporting a fair claim, even if it is well documented, must lead the other party agree and accept and certainly pay the damages claimed.
Disputes can arise about the way all unfolded, the question of liability can be seen from different points of view, damage value or Quantum be under dispute and many more aspects of disputes can be raised, too much to get to in this column.
Another weak point can be a lack in knowledge how to handle a compensation claim.
People only looking for some advice only a while or even after a longer period of time, past the actual accident, and visit Web Pages such as this one you browse now - often late, and in the meantime doing all they can to address a compensation action to his/her own knowledge.
Many try to act on what may be at hand and they find and regard themselves to be fit for it.
This may work for a number of cases, as matters are clear and facts at hand are strong in its evidential role and the opponent or defendant do not argue unfair.
However it would be too optimistic to believe it is the normality. It is not, as it is almost the opposite, as many cases end up unsatisfactory.
Results or settlement offers may be incorrect in adjustment of liability, often named as contribution to the accident, by not adhere to all the duties, citing perhaps unreasonable precedents and/or allege and apply apportionment.
That may lead to significant losses, shortfalls or complete denial/repudiation of a claim.
Not any layman may be qualified to see through all of that and know if all what one faces in terms of reaction or settlement offers, will be fair and correct.
We do believe it is worth taking time and effort to check out on any doubt, before accepting any proposal.
Sometimes bodily injuries occur in a vehicle collision inflicting harm and pain to humans.
Even bodily injuries do have in some way a financial component and a victim need to be compensated in order to cope with recovery and subsequent costs etc.
However - we the author of this Web Platform - RAMLA - do not deal with bodily injuries claims.
Many specialised lawyers offer its services to solve matters pertaining a RAF (Road Accident Fund,) - bodily injury compensation claim, but the South African Government recommend a victim to first check and find out if one can claim without any specialist, in order not to spend a large portion of compensation on Lawyers fees.
We are specialised expert's in all respects to motor car accident damage compensation
claiming damages, defending against unreasonable or inflated claims, working in Motor Insurance disputes, in all those subjects over a long period of almost 15 years.
We attended thousands of requests, analysing, supporting and pursue material car accident claims, expertly, effective, economical and affordable.
Such excellent service can be to your service Nationwide, in South Africa.
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Free case analyse!
Dear valued reader, checking out the RAMLA car accident compensation platform; obviously you do have some traffic accident damage issues to solve.
Contact RAMLA for a free check and advice about your particular case issue. Just tell us about what happened and problem you face.
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Road Accident Management & Legal Action (RAMLA) can professionally represent clients, taking care of their interests, which can be the solution you may look for.
You will find a lot more of useful information on the RAMLA web pages.
Check out for keyword links in the left column to select your topic.
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Not each and every car accident compensation claim will handled fair, correct and reasonable.
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Initially important is, to know the definition of what we have to understand, is full and fair motor accident damage compensation.
But even before doing so, we have to clarify that the South African System of motor car accident compensation, is split into the sector of bodily injuries, which deals with compensation actions regarding injuries to the human body and material damages, such as compensation for car destruction or consequential damages.
The RAMLA web pages, you are browsing currently, only focus on material damage compensation and civil claim actions to be financial/material losses paid for full and fair, resulting from traffic accidents.
In terms of compensation, the South African law say:
You should materially be compensated to the state before accident, so that you will be able to repair your car to pre-collision status, or if repair cost will exceed such pre-collision or market value; and the car be called a write off, be compensated to the amount of money the car been worth to time of impact, minus any sellable value or Salvage of the vehicle.
That means either you cannot expect a new car (some exemptions excluded here i.e. if your motor vehicle new, not older than a year since being on the road the first time, or depreciation kick in, if your car is fairly used and the marks of wear and tear, impacting your auto value to a specific time.
But even an older motor car must be repaired to manufacturer's standards to maintain the roadworthy status, as long as it will not be a write off.
Motor car accident damage claims may get into difficulties, once another party do not agree with what is claimed for.
Differences may be to condition of Quantum/Repair costs or of Liability.
Disputes must be addressed and corroborated by factual evidence, such as witness statements or pictures, CCTV footage or any other suitable evidence.
A successful claim should be supported by merits, so the other party do not have much to argue, but compelled to accept the claim demand and pay.
A claim launched with your own motor insurance company (comprehensive claim), will have to look on what you have covered under your policy, before any acceptance can be decided upon.
Depending on the cover taken, it can be the insured did accept some contribution, such as excess and the claim process need to be according to terms & conditions of the insurance contract.
A 3rd party claim, directed to the perpetrator however, must give you full compensation and no clauses, as insurance excess or any limitations in a insurance policy apply. Only the law of delict will be applicable to decide liability.
Any claim for car accident damage compensation can go wrong, be disputed or even declined.
As soon as in the process of a claim pursuit any disturbance or unusual investigation requests are noticed, it will be highly advisable to check critically, if your own knowledge and skill is sufficient to perform a vehicle crash compensation action your own, or if you should consider practical support by professionals.
A claim for compensation against another car driver or vehicle owner is a process and cannot be explained in a sentence.
There is a lot about the way to claim and about dispute issues or problems, that can occur in a particular and always individual case, on our comprehensive WEB info platform.
However, as it is often the case, individual problems need individual answers and/or actions.
You are invited to contact RAMLA for a free initial case analyse and advice, by contact us by email ramla@ramla.co.za tell us what happened and the problems you face or expect, for a free reply and advice.
Should you do not like contacting us now, but need more information, check the keyword list to select your issue and find more on the linked page.
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Free case analyse!
Dear valued reader, checking out the RAMLA car accident compensation platform; obviously you do have some traffic accident damage issues to solve.
Contact RAMLA for a free check and advice about your particular case issue. Just tell us about what happened and problem you face.
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Inflated or unjust claims need proper defence against unreasonable vehicle accident compensation actions
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Defending against inflated claims isn't as challenging as perhaps thought.
Defence against unrealistic, unjustified or inflated claims is a need to do, if alleged to be held liable for car accident damages, which do not fall in your responsibilities.
It is always an inconvenient situation when defensive actions are needed, as to alleged of wrongdoing, which isn't true or fair.
However any person unfairly accused of wrongdoing and causing damages to another in a motor car collision, must enter into defence, not to risk to be sued and end up innocently be judged against one and subsequently face execution, against all of your property.
It should be noted that a claim against a person, is only dangerous, if not defended properly.
Defensive actions mean, deny a claim and its accusation, simple and clear and request proof of facts and merits.
Only if such evidential facts indeed be supplied and its content suest not to allow challenging the accusation, it will be advisable to look for a compromise or settlement agreement.
It must be known, that a person sue another in a Court of Law, must proof that the allegations are true and fair on a balance of probabilities.
Should such a proof cannot be shown, a case is lost and dismissed with costs and the Defendant is released from any liability or compensation payment.
In order to avoid unnecessary risk and hassle, it is highly recommended to utilise professional support to rebut unfair allegations, not to lose out on reasons of lack of knowledge, how to act against such allegations.
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Free case analyse!
Dear valued reader, checking out the RAMLA car accident compensation platform; obviously you do have some traffic accident damage issues to solve.
Contact RAMLA for a free check and advice about your particular case issue. Just tell us about what happened and problem you face.
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RAMLA is a specialised expert in all MVA matters, claims, disputes (3rd party / comprehensive Insurance cover) and defensive actions against unreasonable or inflated claims, professional - affordable. Contact RAMLA for your support to have a damage claim paid or defenced. Contact
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Motor Vehicle Accident
We offer the solution in Car Accident matters, analysing, supporting, demanding, corresponding, negotiating, settlement agreements and further taking matters to a court of law in South Africa, if no amicable solution could be found, in pre-litigation, to best favourable conditions in a professional and decisive routine.
Facing challenges with motor car accident issues in South Africa?
RAMLA will be the solution,
demanding compensation, resolving disputes, defending against inflated or unreasonable claims,
in all sectors of vehicle accident damage compensation problems.
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Motor vehicle accidents happens every day on public roads, often causing damages to property
Utilise the affordable professional solutions RAMLA offers clients in South Africa, to solve such repercussions.
Car Accident compensation - Settlement Agreements
We do have the expertise and know how to act for you.
Experience exceptional service, testified by clients, even after hours or weekends, giving you a peace of mind your case is taken care off, no matter what.
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Your specialised legal expert to sort out MVA matters
Professional - competent - swift - decisive and affordable
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RAMLA - Road Accident Management & Legal Action
Solution's solving MVA problems
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Settlement agreements are contracts to end a dispute, pay out what is agreed upon, ending a car accident claim
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Received an offer to settle for your motor car accident compensation in South Africa, but not happy with it?
Taking part in daily public traffic, driving your car on South African roads, will at all-time expose you the event of a motor car collision that ends up with damages, the one or other party should pay.
Disputes about the nature and volume of damages a motorist suffered in traffic accidents are common. A variety of problems, argumentation or even denials can be faced once in the process of formulating and enforcing a car accident damage compensation.
An offer to settle and ending a claim for vehicle damage compensation, is very much appreciative and if this offer to pay for the destruction you suffered in the car accident, is fair, one should not hesitate to accept.
Being in a position to evaluate the offer to settle, is fair and complete, you should know exactly what you need to repair or replace rebuilding your damaged vehicle. This is of outmost importance, if you need to deal with a "write off" totalled or total loss, meaning the damage will be uneconomically to repair.
Unfortunately motor car accident damage claims in South Africa are not always amicable to pursuit and can come with financial risks when claiming for car accident compensation.
Given the efforts legal actions in a court of law will entail, a fair settlement is preferable, before legal actions in a court of law kick in.
But the settlement must be not only being fair in terms of compensation value, but even the conditions it sometimes comes with, must be understood and accepted and not being detrimental.
Your specialised legal expert to sort out MVA - Motor Vehicle Accident - matters in South Africa
Professional - competent - swift - decisive and affordable
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Settlement Agreements in Claim actions
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On your way looking for fair and complete compensation or reimbursement for all the losses comes with car accident damages, caused in traffic accidents on South African roads, various obstacles, disputes or even denial or rejecting a claim one may face.
It will be a good idea, checking for professionals that can help solute those problems coming with an auto accident claim. RAMLA - Road Accident Management & Legal Action - is one of those, hopefully the best and most affordable solution for a motorist, claiming for a pay to recover material or financial damages as result of a car accident.
What is an offer to settle and what does mean it?
A settlement offer comes from a party that is liable for pay or compensation of damages caused in a traffic accident.
It will tell you what they (the negligent motorist or an insurance company) are willing to pay as compensation to a victim of a car accident, making good for losses, often in a compromise.
This means the offer and must not necessarily match, what you claim to be the damages. Therefore the benchmark will be, firstly you need to know what is a minimum for compensation you need repairing your damages auto, professional and being roadworthy again.
A settlement offer will not always equal your losses, and no one is forced to accept such offer. Instead just accepting an offer to settle, unless you are happy with it, you can always engage for betterment.
An offer to settle can come with conditions one will need to abide, once signed. The most common consumer unfriendly settlement offers coming from South African Motor Insurance Companies.
Keep in mind that only a signed settlement offer will convert into a contract and bear the full implications signed up for.
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Free case analyse!
Should you do have any sort of issues with a party or motor insurance company, be careful and make sure you know what you do.
Contact RAMLA directly for a free check of your particular case issue and advice, by following the link.
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Broken promise to honour a settlement agreement
If parties have discussed the car accident circumstances and can find a basis for a settlement, it will be the very best to do.
But please - do not trust or rely on any promise, unless you got it in writing.
The challenge however may still be, even if the party agreed to pay some sort of compensation, if and when it will be done, in time and in full? That is unfortunately not granted and we have seen many promises broken, if confronted with the damage value, or other issues perhaps emanating from advice by the Insurance company
Parties coming home after an impact and discuss such with those around them may be influenced to alter the view to look onto the agreed matter. It may well lead to the idea not to settle anymore and let the other party struggle.
It will be especially bad, if no written settlement agreement or notice of admission or acknowledgement of liability been made in writing, how primitive or sophisticated it is made out, on a small piece of paper or as an Affidavit, but importantly signed, best mutually.
Often parties agree on the scene of the accident but miss out to document and protocol full and sufficient about what is agreed upon, as to the level of hope and trust prevailing to the time. It is not anticipated that a breach may follow.
That will just be the ideal situation for someone, either never want to honour any agreement or just be influenced as mentioned. There will be little or may be nothing, the fair party can do to proof a claim, if denied or not honoured, due to the lack of documentation.
In other words, never trust someone without having prepared to fix and document all the facts, to be enabled to challenge a party for payment, if any promise will be broken.
Which consequences will a settlement agreement for car accident compensation do have?
In due course of a claim for car accident compensation, that caused damage to property or to vehicles, and finally coming to a point of settlement, matters must be agreed upon and the deal be fixed.
After carefully studying the settlement offer, if sufficient in value of money that will be paid to the one suffered the damages and the check on the terms coming with the settlement offer, the deal can be finalised and signed, if agreed to the content by all parties.
The conclusion, accepting the reimbursement offered to settle, by signing and returning the document to the other party, will trigger the compensation pay-out.
Certainly a verbal agreement can be reached and will constitute a valid contract as well, but it's not recommended concluding the settlement verbally, as it can hardly be verified what has been agreed upon, once the other party doesn't comply.
It's not a big deal to file a settlement agreement in writing, once the conditions are clear and accepted by all participants. Even for smaller amounts of compensation claimed for, a short and simple written statement is advisable.
A settlement agreement, once signed by both the parties, or by one party signed and the other paid or fulfilled the conditions, constitutes a conclusive action, that affirms the settlement offer even without signature.
This is the way how most South African insurance companies conclude a settlement for damages caused in traffic accidents.
Once a settlement agreement has been concluded, it constitutes a contract. If any party breaches the deal, the contracted content can be enforced. On the other hand, when the party honoured the liabilities of the contract, there will be no or little room for opposing or betterment.
A correctly fulfilled settlement agreement will be final, and no court of law will ignore the fact, even if it's found later the settlement will not be suitable to reimburse for the full range of damages suffered.
Obstacles in settlement offers and what need I do know about those?
Obstacles or hurdles, to overcome in the process concluding a settlement offer to pay and eventually close the claim, are common and should be looked on before signing any such offer.
One of the common risks must be seen in a settlement offer that comes "without prejustice". This literally means, the party offering such settlement don't accept the reasons arguments or whatever leads to this offer to settle, as binding for them.
This limitation includes the risk, the other party will not be legally bound to pay or fulfil its part of the offer. It must be clear, that an offer is not a contract. A valid contract must entail the signature or any other proof able acceptance of the parties, or finally concluded by fulfilling the contractual obligations.
This can mean, that a settlement offer coming as "without prejustice" will be a one sided offer, the other party engage into (most often the claimant, suffered the damages will be the one first sign) and once putting the first unconditional signature onto the document and return such to the offering party, will be legally bound to his/her part of the offer, once the other party fulfil or sign.
Such offer can come with limitations to your claim value and can state clauses one don't understand or not estimate the full consequences.
Quite common are agreements between two parties involved in a motor crash, the one - the victim and entitled to compensation - will be insured with a comprehensive motor cover, agrees to the other liable party - not insured against risk originating from car accidents - to just pay the shortfall the comprehensive insurance policy will not cover, as excess or others.
The liable party think to have the matter settled once paid the shortfall to the other party that get payment for the other damages, from his/her own insurance company.
Relying on such "settlement" in the believe to have sorted the matter can be dangerous, as the motor insurance company will more often than not, have the right to recover damages from a liable party, once paying its insured. That certainly can mean, you the liable party paid the excess or shortfall to the other party, cannot be sure not to be forced paying for the full damage once a recovery claim is launched.
Motor Car Accident, in South Africa?
Want your car accident damages being paid for and receive your material vehicle accident damage compensation for destructions, suffered in a traffic accident on South African roads?
You are welcome to contact RAMLA to receive free advice after a free accident fact check to determine your position.
Contact RAMLA (Road Accident Management & Legal Action), tell us your Motor Vehicle Accident story, the issues of concern, the problems you detect or face and get a free check and advice how to proceed.
We will check and analyse your individual case and revert to you - most of the time in a short circle of time.
For best results contact us by email initially, give us an idea of the incident, attach one or two pictures of the damages or relevant situation, the extend or value of the damages suffered - if already assessed.
In case of an Insurance claim decline, supply us with a copy of the repudiation letter, of give us the reason for the rejection and name the Insurance Company.
Should you like talking to us (phone contact displayed below), best do that after the initial email briefing, but keep in mind even we need some time to check about your matter first.
Your are very welcome to utilise such valuable absolutely free initial advice*
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| RAMLA can be the solution in MVA matters
Do you know that RAMLA is a specialised expert in handling and enforcing or defending all kind of MVA (motor vehicle accident) matters, pursuing motor car accident compensation claims, Insurance dispute resolutions, for its clients - effective - professional - decisive and resolute, to best and affordable fees.
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As you probably have recognised on our comprehensive web information platform, we do know what we are taking about.
We do invite anyone in South Africa, facing an MVA (motor vehicle accident) problem, to contact us for a first - free - analyse of your particular matter and get initial advice how to proceed.
As a specialist in traffic accident recovery actions, we act for clients/members in the relevant manner, but based on a paid mandate or membership, if a need of practical support arises.
We do offer a free first advice, to determinate your case and give you a direction how and what may be the way forward, in order to build confidence with a potential client.
As professional specialists, in charge of acting in motor accident damage claims in South Africa, we offer a well performing, decisive and demanding claim pursuit, at affordable fees.
It's so easy contacting us by email.
The effective way will be sending an email containing the nature, damage and problems detected. Once sent through to us, we will study the matter and after analysing the facts, we get back to you by email (most commonly within about 3 hours), with the result and advice,
- free of charge.
If you like explaining your problem to our claim manager on duty, you are welcome to contact us by phone for an initial briefing on cell 076 770 3179 (standard rates apply).
For best results: dont't just call, once you took notice of the opportunity!
First think what you like to get accross, best file it as email and call once you got our feedback.
For reasons to convince you not just calling immediately, please follow: how to contact RAMLA successfully.
It will be much more effective; if we do get a briefing of the matter via email, before a telephone call, so we will be prepared answering your questions.
* please note that a practical claim pursuit will not be free of charge and comes with a paid mandate, but at reasonable and affordable fees, however take the chance to get initial free advice.
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Car accident compensation claims for damages, may cause some headache,
in South Africa.
RAMLA can be the solution to sort out MVA problems.
Not everything in a compensation action goes smooth and the way wanted, as we are confronted with numerous possible challenges.
RAMLA a specialised legal expert in material car accident damage claims,
filing, demanding, enforcing compensation actions, supporting disputes in dispute resolution actions, with Motor Insurance Companies, or its Agents, work in Ombudsman's (OSTI) review cases,
or defend a motorist against unreasonable or inflated compensation claims.
Contact RAMLA to analyse your case, and get a free opinion where you stand and what to do next. You can contact RAMLA 7/24 and receive a response soon.
It's so easy, just e mail your story and attach what you got to make the RAMLA claim manager understand your problem.
Just draft a brief report of what had happen and send it (use this mail link) to RAMLA for free analyses and you will receive a reply soon.
Contact us now and let us know how we can help you?
email us your story and details to ramla@ramla.co.za for a free first analyse and advice.
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RAMLA offers full legal support to solve a car accident compensation claim, starting with a comprehensive claim preparation and subsequent legal action to enforce fair compensation or defend against inflated or unrealistic recovery actions, all the way up to a court case, if no solution can be found in pre-litigation.
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What makes a good settlement agreement to end a motor car accident claim?
As always in contractual matters, as a settlement contract or agreement constitutes, the quality must be considered in regard of and to which degree the parties will be satisfied with and to the legal implication it will carry.
Certainly a good settlement agreement will be fair to all the parties involved. But fair is an interpretable substance. In any case, the question of satisfaction with any content of a settlement contract must be sorted out before the contract will be concluded or signed.
In terms of a motor car accident compensation settlement, the agreement can be a good one, if all the damages can be resolved and the repair of the motor vehicle paid for.
A settlement for the reimbursement of destruction to property or the motor vehicle, can even be a compromise and still be regarded as a good settlement, if the compromise will be wise and justified to avoid other implications, i.e. going to a court of law fighting for fair compensation.
A fair compromise takes from both sides concluding the settlement agreement. A one sided compromise will not really be one, as it will be more a cementation of unduly losses for one party.
Further a good settlement contract should be binding both the parties to fulfil what has been agreed upon. It should not aim overcharging or putting disadvantage to a party that is willing to settle a claim.
A good settlement agreement will not leave room for interpretations or confusion. It should be in writing and duly signed by all parties.
Surety ship - a guarantee of another to fulfil the agreement
The guarantee of another to fulfil the agreement between two independent parties, means a good boost of security, if it comes to fulfil the obligations, mutually agreed to in a settlement agreement.
Any Surety ship must be drawn up in writing and signed properly best even by witness.
It must set out parties, conditions and amount and circumstances of the Surety ship as to confirm agreed terms and when and if a party can call on the surety, to come in effect to step in and fulfil, if another fails to honour the obligations.
A concluded settlement will be final and no recourse will be possible.
Once a settlement agreement or contract has been established, either by practical fulfilment or by signing, it will be final.
No recourse or actions can be taken if the agreed settlement has been duly fulfilled.
South African law only allows one legal action stemming from the same cause of impact. That means all what is of relevance or value must be claimed in one action. Once this action has been completed, be it by judgement or settlement agreement, this one was it.
The South African law prohibits a claimant to raise further legal action or complaints aimed for a betterment or correction of damages, even if it has not been known to the claimant that those circumstances or damages have been existing and only found out about too late, once a settlement or judgement closed a case, i.e. during the practical motor car repair phase.
Compensation for hidden damages, not detected before the claim is finalised, cannot be claimed for after the close of the case.
That will once again demonstrate the need of - very carefully - examine any motor car accident damages, before a claim is pursuit, but at least before all options of amending a pending case are past.
Looking on a settlement offer from this perspective, it may well be clever to accept even a compensation that falls slightly short and will not completely cover your vehicle accident repair costs.
But certainly this does not mean you should accept just every offer only to avoid to battle further.
An offer received from motor insurance companies, unfortunately most often will be short in terms of fair compensation and most often it's worth to take on the challenge and go for a betterment.
Evaluating on which condition one should accept such or any settlement offer is a very individual thing and no general rule or advice can be applied. Your own motivation must always have the say in the process to take on a compensation offer for the better, or make the shortcut deciding cutting your losses.
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RAMLA will be your one-stop car accident claim service in South Africa
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Not all settlement offers are fair and acceptable
Often observed in the routine of the pursuit of motor car accident damage claims, offers to settle for vehicle damages are insufficient and not acceptable in terms of the amount of compensation to be paid for the vehicle repair, or even important, the terms and conditions coming with the offer.
If you receive an offer that is different to what you believe or had been assessed to repair your motor vehicle, it will be wise to find out what is the reason for the divergent offer.
Insurance companies sometimes come just with an unspecified offer stating a certain amount of damage to be paid for by them. They may have a reason to arrive on such amount to offer you when they process the damage claim. They may not explain or copy you the documents on which basis they arrived ffigures in the settlement offer to compensate you for your car accident damage, unless demanding and demanding.
It will be worth trying to motivate them to copy such documentation to you, so that you can double check the facts, enabling you either to accept or, if you are convinced by such documentation or having your arguments forwarded to the party offers the settlement, in order demonstrating your facts and get the offer to settle amended.
If the difference between your fair compensation expectation and the settlement offer, will be significant and the positions as far apart that no way leads to conclude a settlement and you have exhausted all other avenues of demand you need to go to court and fight legally for your car accident compensation.
But it may well be worthwhile getting an specialist for motor car accident damage recovery, such as RAMLA involved, before the long road for justice in a court of law should be considered and seen as the very last resort.
If you consider accepting a settlement offer at all, to avoid a court case, after you have carefully evaluated the material component of the offer, always look to the terms and condition this offer to settle for your losses suffered in the motor car crash may be based on and forming part of the offer and the settlement as such.
Settlement in pending legal action made an order of court
One should be aware, that an opportunity to settle will always be open to all parties, even in a pending court case. Perhaps or especially a settlement to end court procedures are a good way out of long term proceedings, which will come with efforts and costs.
All litigants in court should have such desire to settle, however as legal practitioners do make their best part of fees or money in court, especially in the Litigation phase, they may not always be in favour of ending a case by voluntarily agree to settle.
But all those, needing to care for legal expenses, should always have a relationship of compromise and further costs in mind.
Ending a battle that may not be clearly in one parties favour, can be a better economical choice as to fight to the end, considering risks of winning/loosing, apportioning etc.
A settlement in court procedures leading to make such an order of court will come in the form of a mutually signed court document, and thereafter by one party settling, commonly the Plaintiff, be served to Court to have it made an order of Court.
Once such is made a valid order of Court, the consequence will be, that the party entitled to receive be entitled and able to obtain a warrant for execution, based on the order, without having to enter into further legal actions, other the execution, given valid reasons can be shown, the other party failed to adhere to the terms of the Settlement.
A party to such agreement should be aware of that danger, before signing, if any possibilities may be the agreement cannot be fulfilled entirely and timely.
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RAMLA - Road Accident Management and Legal Action - is one of South Africa's most experienced and decisive advocates to sort out legal disputes with parties, Insurance companies or act in defence for clients, confronted with unreasonable or inflated claims.
Car accident issues that matters most:
We are legal specialist in motor car accident damage recovery matters and offer our services to those suffering damages or in need to defend unreasonable or inflated claims.
Taking on disputes with motor insurance companies, engage and solve unfair declines or incorrect apportionment of damages, oppose a wrong assessed Quantum, or take a matter on review with the Ombudsman (OSTI), to get a matter of comprehensive insurance dispute reviewed.
Sometimes, if a matter cannot be resolved in a full attempt, and the case need to be heard in a court of law, should all fail to find a solution in pre-litigation, the escalation to a court of law is inevitable, we will suppot the action.
RAMLA can get you through the trouble, get reluctant parties moving serving Summons, for just some affordable fees, commonly just equal or lower then towing/storage cost may be.
We are one of the most experienced, decisive advocates, when it comes to car accident problems - issues of compensation or defence against unreasonable or inflated claims, bad repair practice and much more.
We work only on motor car accident matters.
Check us out, so you do know if we can uphold we say, free of charge.
Welcome to RAMLA
Road Accicent Management & Legal Action - South Africa
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RAMLA - is an experienced legal expert in most MVA - Motor Vehicle Accident - issues.
We act professionally and decisive for the - Demand of damage Compensation - Dispute Resolution - Defence against inflated or unreasonable claims, as well as for damage recovery caused by bad workmanship after car repairs.
With more than ten years of professional experience, well educated stuff, knowing the subject of car accident issues and solutions, we have advised many, many inquirers in the first steps to take for a solution,
- free of charge - ,
and over the years, served a high number of clients to solve differences with parties, addressed compensation actions, acted against unfair Motor Insurance declines or short falling settlement offers, pursuit reviews with the Industries Ombudsman and filed law suits and defences.
RAMLA do know very well, that all cases are individual and need particular attention to the details, as only a well structured and factual claim can have chances to success. With us, you can feel save.
If you valued visitor of the RAMLA web information platform, do have any such problems listed above, you may well be good advised to contact us and brief us - best by email - with what had happened and may be your problem.
Our initial reply and advice will be free of any charges or obligations,
but an active pursuit of a claim or defence will come with some smaller fees.
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How going forward once there is a claim or dispute or other challenges?
Well, once someone checks a web site as this one RAMLA presents, there will be some sort of a problem.
Motor Vehicle Accident (MVA) issues are manifold and can be complex.
It may either be that there is no response from the liable party or the Insurer, the other party repudiate, apportioning damage liability leading to a short falling compensation offer, or any other claim decline, such as to violation of Insurance terms and conditions. All need experienced attention.
There are even cases, where a claim is directed to a 3rd party, deemed liable and demanded, but no engagement noticed.
Lot of issues coming up in MVA - car accident matters, may not be handled according to valid law, or wrongly interpreted.
There are many people in South Africa's motor insurance industry, without a legal background and act under instructions, don't care, nor perhaps not having the necessary skills, or just follow a strategy, to get rid of valid claims.
Such should not be accepted and the challenge taken head on, even if it comes with some engagement.
RAMLA as a specialised legal expert can solve such problems, just for a fraction in fees what you may miss out, if you don't have the right support.
In our view, it is not the correct way and get a legitimate claimant's demand, just been brushed away, isn't it?
Just take the time and contact, tell us about the matter and let us take care of it.
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Defence against unreasonable or inflated claims?
RAMLA can help you most effectively to get a claim dropped or eased.
The results defending someone against whatever car accident compensation claim, can be very good, as often the evidence the Claimant do have is not sufficient to proof the claim, which is a pre-requisite for a successful action.
If it isn't as clear what the implications are and what evidence the other party/Insurance do have, chances are very good to stand through and get a claim successfully denied, even if a summons may have be served already.
The party alleges or accuses is forced to proof the claim and not the demanded party.
Many Insurance recovery claims fall short of such reliable evidence and therefore can be repudiated, even if it comes from attorneys or recovery agents.
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However we do handle every substantial MVA claim,
against whatever party, Insurance, reluctant party or company successfully, given the merits of the issue are clear and stand a challenge.
Should the merits not be so favourable in the first place, we do all we can, improving such merits, to get the matter being a strong case.
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Chances of success, if there is a strong case, and any other winning guarantees?
Those are questions we hear frequently, before a new client is prepared to accept some fees.
There cannot be any guarantee of success in legal matters, as the other party may have evidence matching or being better proof. If it comes to an action in a court of law, the presiding officer is the instance of weighting all brought forward in the action and decides.
However if sufficient evidence is at hand, chances are high to predict a win and succeeding with a matter, which ends up in an acceptable settlement/judgement.
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You want to visit a local RAMLA office in your area and have a chat with one of our experts?
We are very sorry telling you, that we have chosen a different way of performing our business.
In order to hold overhead costs low, and not compromise on expertise and service, we have decided to act from one central, but not public office, in the Western Cape.
In order to hold fees low and offer very competitive rates, compared with similar legal services, we decided to concentrate intelligence and contain costs in this manner.
Anyone who likes to visit his/her adviser or attorney, should not choose RAMLA as a favourite, as we cannot or want honour just that.
But we can deliver the way we operate effectively, wherever you are in South Africa and with whom ever we have to deal, effectively, decisive and affordable.
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What about fees, must they be paid upfront or can it be deducted from recoveries?
Let me answer the question in short.
Yes, all fees need to be paid up before we take action.
Why is that so?
Our fees are as competitive low, that we cannot enforce any such fees economically, if someone just take our services and thereafter give us hassles to pay.
Any local attorney will do the same, as asking for a deposit, commonly far higher than our entire fees are, upfront.
In general those deposits are offset against fee notes and further deposits requested in due course.
We dont do that. We deliver services not billed on time issues, but on performance phases, which gives cost certainty and the assurance to be taken care of the full matter.
Contact us to get more detailed information.
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Any doubts about our capabilities or performance as this offer is an anonymous one on the web?
Well I must accept such doubts and can only point out and rely on the many we served before and who may be contactable for reference.
Check out what we display on our comprehensive web pages, which will back up our knowledge and experience without a doubt.
Anyhow we will never accept a mandate before we have had a first free analyse of your particular matter and if you aren't satisfied with our reply, simply don't go on with us, despite it may be detrimental to you.
We value a fair and open informative strategy, keeping a client updated, which will please most of those with an open mind to comunication technologies, such as email etc.
But we can only do what we offer and if you aren't happy with such offer, just get into contact with your local lawyer, or ask us to refer you to someone with specialised knowledge in MVA matters.
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Should you have been through all before . . .
and still think we can be the one to solve your motor vehicle accident compensation problem in South Africa, just get in contact with us.
You're welcome to be served perfectly.
Kind Regards
Your RAMLA team
Nationwide Claim Service
SMS RAMLA to 076 770 3179
and let us know the problem, or much better send an e-mail to:
ramla@ramla.co.za
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RAMLA Expert Partnership
Become a local partner of our Nationwide Network of experts in adjacent industries, such as:
Legal profession
Panel beater or auto body repair workshops
Independent vehicle damage assessors
enhancing mutual business at no cost to either side.
Please follow the link to the industry above to learn more about the offer.
SMS "network" your name and industry, place of business to 076 770 3179
and we call you, or send to
e-mail info@ramla.co.za
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Motor Insurance Disputes
An insurance claim, either as a third party or comprehensive claim can come with a number of challenges.
Having the knowledge and experience, is a prerequisite to stand through against sometimes very strange arguments or decisions utilised by South African Motor Insurance Companies or its Brokers.
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Ombudsman for short term Insurance (OSTI)
The Ombudsman for short term insurance disputes (OSTI) reviews matters that emanates from Insurance policy differences or disputes.
That means only contractual issues can be given for review and no 3rd party claims issues can be addressed to the Ombudsman.
Many people believe in objectivity and sympathies the Ombudsman may have to issues, believed to have been made unfairly by any Insurance decider.
It must however not always be expected that OSTI is in favour of Insurance clients to protect their rights.
Too often the decisions taken by the Ombudsman's office are backing the Insurance decision, particularly so as the evidence provided hasn't rebutted the Insurers argument, due to lack of knowledge.
The often one-sided information provided by the Insurer, even without verification, is taken for the decision, if a client in need for help doesn't know how to repudiate false or weak allegations and the matter will most probably be lost and the Insurer rests relaxed.
The Institution of the OSTI office is financed by the Insurance Industry.
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A reluctant party try to hide and not engage?
Don't allow a party to act in such manner. A liable driver must take responsibility, but it can be a challenge if you have been too patient or trustful of promises and the other do know how to make you struggle.
It must be noted that a claim is easier declined than proven, and factual proof is what is meant the claimant has the onus of proof.
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Companies don't engaging into claims they are vicariously liable for its employees
Companies are in some circumstances responsible and vicariously liable for employee's action and damages, if in charge for the business.
Despite most such companies may maintain a valid insurance cover, not many are open to an amicable solution and reluctant to support a claim.
The problem may just be that those who employ personal which need take part in public traffic in order to do the job get too much involved in car accidents throughout the employee's mistakes and don't like seeing the insurance cover in danger or face higher risk premiums.
There are commonly more difficulties to get matters processed as if claiming against a private person.
Our advice, get support as soon you feel something may not go as expected.
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