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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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facilitating a claim
claim against the liable party causing the car accident enforcing full and fair compensation . . .
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Should you do not find the issue you are looking for, contact RAMLA (Road Accident Management & Legal Action), as one of the most experienced experts in matters of car accident damage recovery claims.
We however believe the issue in question will be found on one of the other pages on the
RAMLA comprehensive MVA - motor vehicle accident - Information Platform,
but as we haven't installed a search function, rather contact RAMLA, instead of waste time for a search.
There are sections in the main top selector, such as claim, assessment, legal and insurance matters; you may navigate to find what you're looking for.
Car accident damages as result of a traffic collision, always gives task and commonly hassles, unless one do have a compressive motor insurance cover that lives up to the promises made.
But unfortunately, that's not always the matter and if ordinary South African motorists are asked, if they believe and trust a valid claim is a guaranteed matter, one will hear a number, if not the majority of those questioned, doubting that it will be so.
 Your specialised expert to sort out MVA matters
Professional - competent - swift - decisive and affordable
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Issues with South African Motor Insurance companies
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Should a matter be taken to a court of law?
Most commonly the overwhelming number of disputes or claims can be solved in pre-litigation, but if no amicable solution can be found, matters sometimes need the escalation to a court of law to be solved.
It should be noted, that most of the deciders of claims, (insurance claim admins, claim evaluators or technicians, however called and other representatives, regularly do have no certified legal competences.
This means the decisions made to either accept or deny a claim are performed by persons with experience, but often not applying a legal background, taking all facts in consideration, but all too often rely on party statements, without a check on the balance of probabilities if that point of view may represent the correct situation, or act biased as to benefit schemes or other incentives, declining claims to cut down on compensation pay-outs.
Approaching a court of law give the certainty to have the case evaluated to the laws prevailing in accordance with the particular applicable situation, and after analysing the parties written arguments exchanged in the pleading phase of the trial, hearing the plaintiff and the defendant, as well as witnesses and thereafter the judicial officer will come to a decision, making it an order of court.
It is obviously clear, that such comprehensive analytic process will be by far better, than just accept an unjust decision of a person in charge, neglecting the basics of fairness to look onto a claim unbiased.
It may therefore be fairly well to accept the initial costs, coming with a legal action in a court of law, but given the evidence is supportive enough to convince the court on the basis of probabilities to decide in favour of the party, to get compensation and a refund of costs necessary to pursue the claim in court.
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The RAMLA web pages are designed to supply you with valuable information's to sort out material motor car accident compensation cases occurred in a traffic collision on South African roads.
You will find a lot information that can help you to claim for damages or to deal with disputed motor insurance claims and even to defend you, if you face an inflated high and unreasonable claim against you.
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On your way looking for a professional car accident damage assessment, to quantify and calculate your traffic accident damages occurred one of the provinces of South Africa,
Gauteng - Freestate - Northern Cape - Limpopo - North West - Mpumalanga - KwaZuluNatal (KZN) - Eastern Cape - Western Cape -
you found the RAMLA web pages giving you some ideas about the pro and cons of an independent damage investigation and what you should look on to get a reliable accident damage report, helping you to proof the material claim, against the liable party or the motor insurance company.
Even if you are located in one of the mayor cities of the country such as Cape Town - Bloemfontein - Johannesburg - Soweto - Pretoria - Polokwane - Durban - East London - Port Elizabeth - or in the wider areas around those cities or wherever in the county you are,
RAMLA (Road Accident Management & Legal Action) can support you with various service options nationwide.
Working with RAMLA will of course be the most comfortable and economic support in pursuit of a legal compensation claim, whether against a 3rd party or directed to any motor insurance company in South Africa.
Motor car accidents happen on a daily basis, and in all the South African provinces, wherever you are, in Gauteng - Freestate - Northern Cape - Limpopo - North West - Mpumalanga - KwaZuluNatal (KZN) - Eastern Cape or in the Western Cape.
In the several provinces you find differences in the level of risks, according to traffic density, conditions of the roads, day and night times, weather conditions and many more.
A motor car accident rarely does happen just out of one singular fault. Mostly more influential factors and other negligent actions must get together causing a traffic accident at all,
when driving through Cape Town or Kahilitsha, Paarl, Parow, Calvinia, Springbok, Vredenburg, as Port Elizabeth, but not just there.
In all our South African cities and even in rural areas, are risks by travelling a vehicle on public roads. Be aware that most accidents happen in your very near neighbourhood or on your daily way to or from work in your home town Middelburg, Graff-Reinet, Somerset - East or Somerset West, Grahamstown, Bisho, Zwelisha or East London, due to the facts that one who is very familiar with this routine, will not be on the alert level one should be.
You can minimise to be dragged into an auto collision, if you concentrate on the traffic, abide by the basic precautions and don't contribute negligent in driving, by let's say texting or telephoning behind the steering wheel.
But even if you live in other small towns or mayor cities such as Umlazi, Durban, Pietermaritzburg, Potchefstroom, Port Elizabeth, Knysna, Krugersdorp, Oudtshorn, Mossel Bay or Worcester you have to be aware of the danger by making your trip.
Other road users may not be up to their best abilities, be drunk for example or driving a motor car that better should not be on the road, as it is not roadworthy and so poses risks to other motorists.
Just participate in local traffic within the towns and villages as Roberson, George, Kimberly, Rustenburg or Mabopane, you can be caught up in a vehicle crash at all times, despite you may drive carefully and respect the rules of the road. The other party is always even your risk.
Minimising the probability to be caught up in a road crash, especially in bustling cities such as Pretoria, Johannesburg, Soweto, Germiston, Rustenberg, Welkom, Bloemfontein, Polokwane , Durban or Cape Town, where high volumes of motorist getting along all day, the risk to be involved in a car accident is much higher than just travelling in quieter areas as Klerksdorp or Mahikeng.
The best will be, if you are on high alert all the time you drive a motor car. Taking care of keeping proper following distances which is a very good measure not to be involved in car accidents,
when you on the roads of Kimberly, Queenstown, Beaufort West, Prieska, Upington, Vryburg, De Aar, Belfast, Bethlehem, Kroonstad , Harrysmith, Mabane, Nelspruit or Ermelo.
In huge metropolis as Johannesburg or Cape Town where you deal with rush hours when commuters get to and from work in the morning and evening hours, the danger to be trapped up in a motor car accident are explicitly higher as to other traffic times.
If you have been unlucky dragged into an auto accident caused by another one or more motorist who drove negligent, not abiding the rules of the road or even careless and subsequent suffered material damages to your motor car, you want that the liable party pay compensation you for losses.
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Car accident lawyers and professional claim managers to analyse, support and pursuit your material car accident claim, effective and economical, nationwide in South Africa.
You will find a lot of useful information on the RAMLA (Road Accident Management & Legal Action) web pages.
First of all we have to definite, what we have to understand, will be 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 off into the sectors.
The first is that of bodily injuries, which is dealt with very differently as to that of material damage compensation.
The web pages you are browsing currently, only focus on the material and civil compensation claim or action, for you to receive the full and fair traffic accident damage compensation, ensued to your vehicle.
RAMLA offers web visitors, having an actual problem in a MVA claim matter, to look into the case and analyse and advice the inquirer with the results of the analyses, the aspects and a suggestion of the way forward, in a case of car accident compensation claim or a defensive action, against unreasonable or inflated claims from 3rd parties.
Contact RAMLA for such an advice via email, ramla@ramla.co.za for your free initial case analyse Now.
Provide us with a short briefing of what had happen and what's regarded the problem.
Attaches may be send, such as reports, pictures or document exchanged in the correspondence with the other party or the representatives, but it should been taken care that a single file per mail should not exceed 2.5 mb in resolution.
Rather reduce or split into several mails, to avoid double work.
ramla@ramla.co.za
The South African law says: A victim of a traffic collision, should be materially compensated, so that one will be able to have the damaged auto repaired to the state it was in, before the traffic collision impacted, provided the other party will be the sole cause of the car accident and the other party did all reasonably possible to avoid the impact.
The maximum of compensation that can be claimed is the pre-collision value, often even referred to as market value of the vehicle at the day before the accident.
That means one cannot expect a new car (some exemptions excluded here i.e., if your motor vehicle is very new and not too much mileage, not older than a year since being on the road the first time), if the motor car is fairly used and the marks of wear and tear are visibly impacting you auto value.
But even motor cars owners, whose car is in immaculate conditions, expect the financial affords and sought after the motor car have received to be neat and clean, should find some respect.
Unfortunately South African law doesn't provide for compensation of sentimental value, so all value claimed, that may differ from the market value schemes, should be proven and if successful be awarded.
But the common accident damages are in the range being economical worth to repair and the proven liable party must pay such professional car accident repairs.
But even an older motor car, must be repaired to manufacturer's standards, to maintain the roadworthy status and the value, of the then repaired vehicle.
The law say, simply interpreted - get the motor car back on track, as it has been before the traffic collision, but do not try to make a fortune out of it, as that can easily backfire on you.
But this does not mean one have to agree to too many compromises, in terms of the motor car repairs. Having the damaged car back into the state it had been before the accident is the challenge, which may need to have a proper and expertly damage analyses, assessment report or repair quotation/estimate.
A solid base of car accident damage value, can be analysed for your compensation, either by a qualified repair quotation or throughout a professional damage assessment.
Initial determination of liability in motor car accident matters is sometimes done by parties or parties' representatives, as they feel fit. Such privately determination, will only be a one sided offer and does not necessarily be fair and correct.
It should be looked on to, with the necessary care and foremost skills, to analyse an accident situation, or to determine a position from another party.
The two major different ways to address a claim will be, if one either claims from the accused/deemed/proven liable party or the motor insurance covering the party for car accident damage compensation, or directing the claim to the own comprehensive motor insurance cover to be protected for own faults or minimise the risk to claim against another party.
Find more about:
third party claim or a claim you direct to your own comprehensive motor insurance policy.
In most cases, you should have some professional support. If you want to get the matter sorted out quickly, possibly with less costs as possible, and being compensated for your car accident damage fairly, you should consider and let a car accident damage claims specialist such as RAMLA, or your local attorney working for you.
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ramla@ramla.co.za
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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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Free download RAMLA forms and other needful documents. Please select your document below as Adobe pdf file - Acrobat reader needed
RAMLA Vehicle Accident Data Form
Preparation Guide Liability Forms Employment
A claim or legal action to hold another liable, to pay for motor car accident damages, is an individual process and can't be explained in a sentence.
However the start will always be check, analyse the evidence at hand, have the vehicle damages properly assessed and draft and serve a LOD (letter of demand).
All comes next, will be dependent on reaction and tailored to the particular matter and reaction.
The first priority should be and solve a compensation action in pre-litigation in order avoiding the long term and costly way, approaching a court of law.
RAMLA strives with its experience to do just that and work hard to prepare a claim well, formulate the right arguments or reject false or unreasonable claims.
When you are involved in a motor car accident . . .
and want a successful car accident damage compensation claim, take the time to research carefully, as the preparation suing somebody paying compensation, is essential.
As to your question in your search for a solution we do provide some answers. Just being involved in a car accident crash gives you several obligations and you need some knowledge and luck to have a hassle-free car accident damage claim.
Being involved in a motor car accident in South Africa, will give you some tasks and hassles to sort it out, especially if you're the victim and not liable for the cause of the MVA.
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RAMLA is a specialised expert in all MVA matters, claims, disputes (3rd party / Insurance) and defensive actions
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Handling a compensation claim for the recovery of damages to property, caused by an auto accident on South African roads, all what is to do, starts immediately at the scene of the motor car accident.
Gathering as many details of the circumstances, how all unfolded, getting evidence such as witness details, photographs not only of all the damages but even the surrounding, traffic signing, robots and marks etc. as good as possible, is the task of the moment, after checked on injured humans.
Don't remove the vehicles from the position where they came to final still stand, before the evidence is secured. If asked to do so immediately by a traffic officer, refuse and ask them for help securing the evidence, to expedite and clear the scene.
In a later claim for recovery of damages suffered, proof of the matter must be based on facts and this is what you need to handle your car accident claim successfully, or disprove and defend an unreasonable of inflated high claim instituted against you by other parties in the car accident, or motor insurance companies on behalf of insured motorists.
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Proof of the matter based on facts, is what you need to handle your car accident claim, or disprove and defend an unreasonable of inflated high claim, instituted against you by other parties in the car accident, or motor insurance companies on behalf of insured motorists.
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Whatever will be the case, claiming or defending a matter of auto accidents, without good foundation of facts, supporting or rebutting any argumentation, one will end up disappointed.
A compensation action or claim can only be successful, if the mutual allegations or differences can be proven by the parties. In pre-litigation, the time frame where it is thought to find a solution, before matters need to be escalated to the level of a court of law, arguments will be exchanged and evaluated by the other party, or its representatives to its own discretion.
There will be no objective process to verify, the parties' arguments, if disputes arose and couldn't be solved in negotiations between the parties.
Failing to secure sufficient compensation in pre-litigation, matters may need to go to a court of law, for decision and a magistrate or judge will analyse critically, what will be presented to him/her, before making a decision and a ruling.
So, don't underestimate the weight of evidence, as a mere confident feeling or self-reliant position, will not be sufficient to get matters sorted, neither in pre-litigation, nor in a court of law.
Being successful in a court case, it will be absolutely necessary to have good evidence of how the accident unfolded, what all the parties effectively did or omit, or have done to avoid the impact and finally good and professional proof of the damage.
Without all those, it will be a challenge and problems need attention, improving the merits and evidence of the matter and build a strong case.
Lacking good and experienced support in handling cases for recovery of damages and proper legal backing, one may find end up disadvantaged, as the other party may just do better, as they take such experience and knowledge, what will support them better to achieve sometimes undeserved victory.
Utilise affordable but professional services, such as RAMLA offers, avoid disadvantages and get your compensation paid.
read more below:
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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Getting your fair share of compensation is influenced by the determination of liability
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RAMLA is a specialised expert in all MVA matters, claims, disputes and defence actions
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When you analyse factors of liability, put yourself into a position as to think, who had been able to avoid the motor vehicle collision and who had acted responsible and took all reasonable care to avoid the car accident and which motorist may be the negligent or most negligent driver. The test is how a reasonable man would have acted, in the given circumstances.
Determination of liability means, one has to look on a variety and high numbers of factors, that must be taken into consideration. A basic test to apply is that of how a reasonable man or motorist, could have foreseen and avoided a collision at all, if have had abided to all the rules of the road, especially to" have a proper look out" - watching the traffic continuously and as important, have control over the vehicle to all times, meaning come to a still stand before any foreseeable impact.
A motorist applied such rules, and by taking all evasive measures and actions to avoid a collision, but could not do so successfully, with all the caution exercised, will most expectedly - not - be the negligent one.
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The question of negligence is a key question in any motor car accident, when it comes to determine liability.
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Numerous articles in papers and books, have been written about the subject of negligence in MVA matters, but what really will be negligent driving and stringent methods how to definite such out of a court of law, are often inconsistent and partly biased, and will leave space for argumentation of the parties.
There are huge numbers of cases, dealt with by courts of law, that sometimes been cited as precedent, by the representatives of parties, as local attorneys or motor insurance admins, but each and every case can, indeed will be, different and individual.
The matter of case law or precedent is taken into argumentation very frequently to underpin a position, commonly to deny a claim. The claimant, expectedly a layman in terms of motor vehicle accident problems and not having an intimate knowledge of South African traffic legislation, will be confronted with those statements.
The aim certainly will be, to impress the claimant or defendant in the expectation to accept. But it needs to be clarified in all earnest, that case law or precedents are only suitable for the principle of a matter or circumstances, but not for the determination of an individual case.
Get some experienced support, once you face any such challenge and don't agree.
The matter of detection and determination of liability at all, is crucial and no general rule can be applied. Any car accident is unique and different.
Motor insurance companies and other legal institutions or lawyers, like to cite cases, seaming to be similar as that to deal with, to confront a party with decisions and conclusions of previously decided matters in a court case, in order to blame the other party with liability.
Our advice is: don't accept such argumentation without serious questioning, if this will be exactly matching your individual case. Commonly there are just other cases, decided by other judges, coming just to the opposite conclusion.
Experienced people, dealing with auto accident damage claims in the country professionally, should be able to determine the position of liability after scrutinising the aspects of the matter, but if not agreed upon by the other party, only a court of law can finally determine the case.
But there are professionals and professionals, if you include the motor insurance claim adjuster into this group of experts. Having an unbiased claim adjuster, employed by any South African motor insurance company, seems to be unlikely.
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Another car driver skipped a red robot or stop sign and hit my car causing the MVA and damages to the vehicle
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RAMLA is a specialised expert in all MVA matters, claims, disputes and defence actions
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In a case another motorist, skipped or missed to respect traffic signs, robots or proper marks, the motor car will not have been driven with due care and may be seen to be negligent. All car drivers in public traffic are obliged to abide to the rules of the road.
However, unlawfulness driving must not automatically be negligent driving, but will give some indications of being negligent. Unlawfulness and negligent driving issues are overlapping in certain circumstances.
Not driving with due care and ignoring or deliberately violating traffic legislation will be a strong indicator of negligent driving. A negligent driver will be seen to have caused the traffic accident and therefore liable for the compensation of damages to others, resulting from the particular impact.
However all motorist on South African roads are equally obliged to have properly observed the traffic, not only just before them, but have a proper look out on all relevant sections of driving, including other parts of the road, the opposite lanes, crossings in its entirely, as well as the rear traffic behind the car.
A car driver having the right of way, however needs to take precautions and anticipate dangerous situations and do all reasonable possible, to avoid an impact with another, clearly driving unlawful.
This certainly does not mean, the car driver with the right of way cannot expect that other motorists abide to the rules of the road, and correct mistakes in due course of driving, before the danger will become an impact.
Travelling cautiously and abide to the obligation given or posed onto him, a motorist can trust the other car drivers will abide to the obligations and in so far can drive reasonably, with due care, but still be aware and do all reasonable possible to avoid an accident, if a motorist can be aware, an impact may happen, out of a dangerous situation.
In terms of scenarios, like skipped robots or stop signs, entering unlawful and to an inopportune moment into the flow of other traffic, South African motor insurance admins tend to blame the proper and responsible other driver, being contributable to the accident, accused not have been cautious and evasive enough.
Any such attempts of blaming the victim of the accident being contributable should be looked on in detail and if appropriate, be disputed, not to risk a detrimental shortfall in compensation.
Some arguments, in due course of accusing other carful driven motorists, by admins of the motor insurance industry, must leave the impression, that as to meet those standards a driver should rather leave the car at home and don't drive at all, as meeting all those baseless obligations, would mean, not travel at all. This is certainly not what the law has in mind and what a learned judge will expect from a reasonable driving person.
A vehicle hit the car in front from behind and damaged the rear of the vehicle
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RAMLA is a specialised expert in all MVA matters, claims, disputes and defence actions
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If a vehicle collides with a car in front of another, negligence in that driving behaviour is almost certain. Being hit from behind is the most comfortable scenario to proof negligence and liability. Even motor insurance companies tend to accept a 100% liability, in cases of a rear end collision.
A motorist following another is obliged or even compelled, driving at a reasonable speed and keep an efficient safety distance between vehicles and always watch the traffic in front, enabling him to stop the car or take evasive measurers and actions, to avoid an "rear ender" impact.
Reasonable speed is not necessarily the speed limit on the section of the road; it may fairly be a lower speed appropriate, as to danger to be anticipatable or weather conditions, etc.
Such driver coming from behind, possibly speeding or at least don't keep an appropriate safety distance, is at fault, once an impact happened and liable for all the damages emanate from such impact.
Any attempt from another party or motor insurance, cover the party causing the accident, to bring accusations of contributable negligence into the matter, should be rejected and full damage compensation be claimed.
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Chain accident - vehicle 1 hit vehicle 2 from behind and 2 been pushed onto car no 3
A vehicle hit a car from behind and damaged the rear of the car - at such high speed that impact been so heavy, that the car has been pushed onto the one in front, - while standing and waiting for the signal or situation, to clear for him to go.
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RAMLA is a specialised expert in all MVA matters, claims, disputes and defence actions
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Given the situation a car driver is compelled to slow down because the traffic in front demands such, or is stationary on the road, abiding to stop signs or robot signal and another from behind crash into the rear, will be entitle to full compensation, as to the content of the article above.
If the impact will be as heavy that the car bumped into from behind, and subsequently pushed the vehicle crashed into, onto the motor car in front of this, the owner of the 3rd vehicle must blame the 1st motorists, hit the 2nd, having negligently driven and caused the accident, being liable for all the damages in the chain of cars.
The motorist in front of the chain of cars, needs claiming damages not from the car pushed by the impact onto it, but claim from the causing and liable driver, crashed into the one at first.
As I made a right turn another car came at high speed and bumped into my left side, caused a lot of damage.
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RAMLA is a specialised expert in all MVA matters, claims, disputes and defence actions
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The situation, if a car driver intends to turn right, or make a U-turn where permitted, must be handled careful and been watch out for an opportune moment, so the section to be entered is clear and safe to do so, before effectively start the manoeuvre.
The car driver who does not observe the traffic carefully enough and entered at an inopportune moment and a collision occur, will most probably be the liable party.
But given the driver who intends to turn right, has properly observed the traffic and chosen an opportune moment, to do the manoeuvre, but collided with a motorist coming from the opposite direction, may have valid reasons alleging this motorist ccoming along the lane entered, being contributable negligent or having driven recklessness.
Reasons can be, speeding and/or didn't had had a proper look out, or not taken appropriate evasive actions.
Depending on road conditions or other obstacles as buildings, trees or other factors, that may have a negative effect to visibility and sight, the driver coming on the opposite lane, must have anticipated a potential danger, having had reduced speed, as to have proper control over the vehicle, to avoid an impact with the other, unexpectedly comes into the line of traffic.
Turning to the left
But a motorist, intending to turn left, being aware another car is coming from the opposite direction, clearly indicating to turn left, cannot rely by just seeing the indicator flickering, that this motor car indeed will turn left and not so expect, that the road will be clear, unless the car that is indicating to turn indeed turns.
The appropriate moment to do the manoeuvre to turn left, can only be, if indeed the car indicating the turn, clearly moves practically to the into the direction indicated.
Those cases may turn out in a dispute about liability and causation as all parties may claim on facts to its favour, blaming the other to be driven negligent. A proper evaluation of facts and circumstances are of outmost important to determine the causation or contributable liability correctly.
It will further be of importance that facts and allegations can be properly proven.
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A drunken driver speeded, skipped a red robot or a stop sign and hit my car head on or at the side.
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RAMLA is a specialised expert in all MVA matters, claims, disputes and defence actions
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Well such an accident scenario is most unwelcome, but the question of liability and causation relatively clear, as drunk driving is ipso facto negligence already.
The matter of alcohol or intoxication while driving in public traffic, will establish negligence and perhaps recklessness driving, leading to liability. All motorists do know that driving under the influence isn't allowed and not just a cavaliers delict.
A drunken driver will face not only to be arrested, but next to the civil damage compensation claim, a prosecution by the state.
It is however too often the case, that an alleged drunk driver get away with it, if not been properly tested for blood alcohol or unlawful drug consume. Motorists being the victim of such accidents are sometime too lax, or even tend to help the drunken driver to get away with it, just trusting of honesty and kept to the possible promise the drunken driver gave, to pay for all.
It has been observed, not only one time, that the verbal promise of the drunken driver isn't worth much. Once there will be no proper testing procedure and time went by, there is little to proof. The now sober person, may regret he admitted something at all and having been presented with the extend of the damage, make all efforts to deny any wrongdoing.
Once the time for proper testing is missed, there will be little chance effectively proof drunk driving and negligence in that regard; if not at least a comprehensive written acknowledgement is stated.
It is highly recommended to call and even wait for police, despite it may take time, and be decisive to compel the police officers to have a proper testing done.
If an interested reader of these articles comes across the knowledge of the content, it may already be too late.
It is always advisable to take proper evidence at the scene of the accident and secure witness contacts etc.
The driver lost control over the vehicle and swerved, veer off the road with a lot of damage
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RAMLA is a specialised expert in all MVA matters, claims, disputes and defence actions
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Cases of motor vehicle accidents, where no other motor car is participating, but damages to the own car occur; can only be solved throughout a comprehensive motor insurance cover.
If a driver lost control over the vehicle and damages are significant and/or happened to late evening or early morning hours, it will be expectable that the Insurer will have a closer look on the circumstances and undertake an investigation in the matter and situations.
The issues investigated will be utilised to check, if a breach of insurance terms may be apparent and a claim could be declined, as the insured may be in violation or breach of the insurance contract.
A motorist should be aware of any such investigations and be prepared of what is at stake, before engaging with the insurance assessor/investigator.
If such investigation takes place, the insured must brace himself and potential other witnesses of what had effectively happen, as if contradictory statements will be detected, the problem may start soon.
It had been observed in cases handled, that just inappropriate statements given in an interview, most commonly telephonically, by people that aren't involved directly, has led to a decline of an insurance claim, despite those witness statements may not be true and correct, lack the evidence needed to base a decline onto, or just made vague or misleading, in a sudden surprise of a telephonic investigation inquiry given unprepared and irritated.
It will be a challenge to get a decline reversed, once decided a decline is appropriate, just one sided.
Looking for support will only be good enough in an early stage, best before practical investigation is undertaken. The investigator will be prepared, but the "witness" may be surprised and annoyed.
Unfortunately the phone call will be recorded, and its rarely been seen, having a second interview to offer the opportunity to clarify.
A company vehicle driven negligent into my car, how to claim damages
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RAMLA is a specialised expert in all MVA matters, claims, disputes and defence actions
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Being collided with a company vehicle, small transporter, lorry, taxis or whatever type of a vehicle, driven in due course of the business in pubic traffic, poses some extra challenges to parties claiming.
It will be out most crucial to secure as much evidence as possible. It should be attempted to find witnesses and take contacts.
The reason for such extra care is in the reluctance of some or more as just some, companies and its management giving a legitimate claimant a difficult time in the pursuit of the matter.
It is obvious that company vehicles travelling much more as private motorists, enhancing the possibilities to be involved in car accidents more frequently. The result will be, they are on alert and do have some experiences how best handling a case, to deny liability.
The driver in charge will not be happy telling the boss he caused damages due to his negligent driving, fearing for the job. The management of a company looks on low insurance costs and in so far interested not getting each and every accident through to them for attention.
It may well be, that even if reported to an insurer, they may give contradictory statements as to what had happen, which in turn will lead the insurer decline the claim more easily.
The fact of the matter is that a company will be vicariously liable for its employees in due course of the business performing under its orders. Certainly the negligent driver should be held liable next to the company, as first and second respondent.
A demand and a claim for damage compensation should be directed to both of them.
Unsatisfying, unacceptable motor insurance compensation offer, as to apportioning liability and damage
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RAMLA is a specialised expert in all MVA matters, claims, disputes and defence actions
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It may well be that the matter of apportioning damages, the attempt to accuse the other party being contributable in the causation of the car accident, as not have taken care, or many other arguments, case law citation etc. and so have been part of the negligent driving and causation, can be the worst to be confronted with.
Apportioning damages effectively mean, that both or more parties are accused to have contributed to a certain extent to the traffic accident and so being liable for the percentage, someone decided upon as they deem fit.
It is very easy to do so and a claiming party does have sort out such hassles, which can have very detrimental effects on the amount of compensation, even if found the claimant is mostly in the right.
The problem is, that the other party take all damages together and then from that basis calculate the financial contributions. In cases where the claimant found to be up to 80% in the right, but damages claimed by the more wrong party are high, or quite higher than that of the claimant, it can be disastrous in financial results.
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Determination of liability - Damage analyses - and Demand are the components of pre-litigation actions
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RAMLA is a specialised expert in all MVA matters, claims, disputes and defence actions
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Once the question of liability is addressed and your position determined if you are not liable, partly liable or even caused the accident, the other party may find your conclusions of liability are wrong. They may have come to completely different conclusions drawn from the facts and that will certainly cause dispute.
Given the analysis of liability for the car accident are to your satisfaction, the quantification of damages is next. The calculation of damages can be done by professional damage assessment, or by way of repair quotations made by an repair expert, such as a panel beater. Now you finally got the damage value for your traffic accident recovery.
When all of that is assembled you must contact the supposed liable party and send them a letter of demand, setting out the damage and timeline of response. Make sure you have proof that the letter had been reached his/her residence.
If you do not get the reaction or response you do expect, meaning the other party deemed liable for the destruction accept your claim, you enter the step of dispute.
It's now the challenge to sort out the differences. Most often this can entail extensive exchange of arguments. Certainly the subject in dispute - either the question of liability or the damage value claimed for - determines which steps need to be taken to find a settlement.
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It will be your benefit, if you have mandated an experienced claim support - such as RAMLA - to get on with little hassle on your way for fair and full payment of car accident damages.
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Unfortunately not all cases can be settled amicably and before legal court actions are required.
Theoretically a summons (the first step in curt procedures) can be issued by yourself and served on to the liable party (but you must know how and abide to the rules), hoping that this serious step will help to motivate the liable party to pay what you claimed for to repair your car accident damage.
You should consider RAMLA claim management support, as soon as you can see that the matter is not going well. You are welcome to contact RAMLA for an initial check of your car accident matters - without any cost for you.
RAMLA - Road Accident Management and Legal Action - offers a variety of very powerful but still highly affordable pre-litigation claim support solutions. Just contact our claim manager on duty to know more.
We certainly take any disputed matter to a court of law, but the goal will be solving the recovery of damages in the process before court. Court procedures in South Africa are never amicable or entertaining and will entail legal cost, before any compensation pay, after the legal battle will be won.
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Aspects and options
RAMLA membership
RAMLA membership is your ticket for relaxation if it comes to any kind of MVA (motor vehicle accident) issues to be solved by membership
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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 of 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 in unfair declines or incorrect apportionment of damages, take matter on review to the Ombudsman, or even get matters to be heard in a court of law, should all fail to find a solution and the escalation to a court of law is inevitable.
RAMLA can get you through the trouble, 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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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's Insurer or a repudiation, apportioning or any other decline, such as to violation of terms and conditions.
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
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