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Car accident lawyers and professional claim managers to analyse, support and pursue your material car accident claim, effective and economical, nationwide in South Africa.
You need to claim for motor vehicle damages in South Africa (RSA), after a car crash and damages occur to your or o-ther automobiles or even worth, people had suffered bodily injuries.
A claim or your entitlement to obtain money for compensation to the material damages your motor car had been smashed in a traffic accident should be mainly categorised in two steps.
The pre-trial and the trial process, meaning the pre-trial phase includes all what needs to be done to gather proof and evidence, analyse your damages and the approach to the other party and the demand to pay the listed damages.
The pre-trial phase should always be utilised and targeted to achieve a amicable solution. Therefore arguments must be exchanged and the other party must be convinced to accept liability.
If you claim against a South African motorist that has motor insurance cover, you might see the claim adjuster and the damage assessor of the insurance company in charge dealing with you.
The battle, yes most often it is a kind of battle with the insurance company, belongs to the pre-trial phase.
It must be the aim of the pre-trial phase to find an acceptable settlement to avoid costly legal law suites.
Anyhow, most of the tasks of the pre-trial phase are very essential to the second phase of a motor car damage claim in South Africa, when it comes to the court case.
The trial phase then applies to the rules of the courts and needs knowledgeable persons to deal with.
It may even not be avoidable to have a competent member of the legal business to your side to stand a chance and win your auto accident case.
When it comes to select the right and suitable person or organisation to do a proper job for you, your discretion is forced.
Please take note that not all of the members of the legal business are determined to help you in the first place, rather than to fulfil the needs of their own obligations to contribute to the law firms needs.-
There is always a possibility to have a first advice - free of charge - from your RAMA claim manager, before you decide what to do. You are welcome to find out.
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Five steps RAMLA support a claim for car accident damage compensation.
RAMLA take actively part in the full process of the motor car accident damage claim, helping and preparing and further pursue a vehicle damage compensation claim, for a victim's success, even taking the matter to court, provided the member is not liable for the course of the motor vehicle accident.
The challenge is to manage a car accident claim well. Consequently a mosaic of several components should be followed, to end up with a successful damage claim.
The first phase is the place of the accident, where the collection of data is important to record the situation, the circumstances, witnesses, police report, etc. This is the first important part for anyone involved in whatever kind of vehicle accident, enabling a claim support at all.
Unfortunately RAMLA can support little here, as we are not on site when one will be suddenly and unexpected involved in a car accident, to help gathering all your proofs. To have the best results, one should be prepared, before being involved in a vehicle accident crash, by studying the RAMLA preparation advice.
The second step will entail the examination of the material car accident damage. Here the auto body repair industry is the first choice to go. It must be understood as crucial, having a full and fair damage listing, as the entire following claim actions will be based on the damage value assessed and listed in a motor car accident repair quotation.
Another way to get the auto crash damage listed is a professional motor vehicle accident damage assessment. This will most often be more expensive as a vehicle repair quotation. The benefit of a professional motor car accident damage assessment is that it is reliable and the assessor may be more eager to support a claim with testimony etc., as a panel beater concentrating on his daily business.
RAMLA do not support the common praxis having about 3 different quotations, as lot of South African motor insurance company's request, as a basis for a claim. RAMLA is of the view, that a motor car accident damage will be relatively easy to assess by experienced personal, working in that matter on a daily basis. In terms of having more than one different quotation, calculating the same damage, no huge differences should be found in the repair quotations, which found in praxis is most often not the case.
RAMLA likes to encourage the repair workshop to do a good job when working out a quotation, but in return to provide business to the one who took the effort and did a good job.
When relying on a one repair quotation only, it must but be a trustworthy one. The victim of the motor crash who wanted the motor vehicle damage listed and have it repaired, must at the end be able to receive a professional repair, for the equivalent of the listed damage in that quotation.
For a victim of car accident damage, such damage listing will be trustworthy, knowing where it comes from and further knowing that the workshop follows certain standards and a watchful eye will look onto those standards from time to time.
This is the reason to maintain a nationwide network of auto body repair workshops, so that RAMLA can recommend a local partner, within the nationwide network, to be a reliable and professional car accident damage repairer and to utilise those will be safe.
A repair network partner in that regard, can be relatively safe to receive the repair order, as no other competitor is at stake, but must consequently go the extra mile in the quality of the quotation.
RAMLA do expect that a network partner in charge for the damage repair and foregoing quotation underpins any assessment with suitable photographs and enable the RAMLA in house claim manager or the damage assessor, to double-check the findings in order to anchor all to safety.
The aim hereby is, to claim for the correct compensation value, to repair car accident damages full and professional to manufacturers standards and avoid giving the liable party a chance to rebut the damage claim against him/her, in terms of the physical damages.
The third step in the process of a claim is where RAMLA is going to explore and determine the liability at all. This proceeding can take place parallel to the determination of the material damage value, and will be based on the car accident documentation RAMLA claim management received from a victim.
Finding that the other party is the perpetrator of the car crash, a claim will regularly be accepted for pursuit.
In the fourth step RAMLA prepare the claim basis and RAMLA will inform the wrongdoer formally of his/her liability and ask accepting liability and fulfil payment for the vehicle accident damage compensation responsible for and/or report such claim to the motor insurance company he/she is covered by for such risks.
It is common sense at RAMLA claim management that such demand to accept the liability for the car accident, must already entail qualified arguments that enables the deemed liable party to verify the allegations and damage suffered, in order making the liable party more willing accepting the situation he/she is in.
If the liable party fails to accept the claim put forward against him/her, nor comes forward whith a qualified denial and provide evidence to proof the denial, the car accident damage claim, goes further to the next action opening a legal case.
RAMLA initiate the legal process, enforcing the car accident compensation in court. Thereby RAMLA is ambitious and determined to win the initiated court cases, as to the indemnification of the member for legal cost, RAMLA takes on own financial burden when losing out in a claim.
Before such legal case for car accident compensation should be opened all proofs, affidavits etc. must be gathered. RAMLA will list all needed and advice as well as practically support a member, how to proceed.
Affidavits and other proofs, will be formulated and submitted by RAMLA, enabling the member to gather all is needed for a successful claim, to the easiest.
In most instances, the legal action to fight for your motor car damage compensation starts by filing a summons and serving it to the liable party. If we are lucky, they will think twice and pay at this stage, to avoid the high legal cost resulting from a court case. However, if the other party does not want to pay or accept liability, for the car accident damage they are deemed liable for, the full scale of the court process has to be followed.
RAMLA prepares and file the case for car accident compensation and mandate a local attorney, holding office in the district of jurisdiction of the case, if such support for your motor crash claim will be needed. A member or a new member applying for immediate claim service, will be covered for all legal cost the car accident claim entails, when the claim is approved by written notice. This will regularly be the case if the liability will be found onto the other party and the car accident documentation had been found suitable to proof the matter in court.
RAMLA car accident claim managers interacts and instruct the correspondent local attorney and look after the proceedings, to avoid time delays very often observed in court proceedings. A RAMLA member will be updated regularly about the steps taken and the results received and in all regularity not have to take part of the legal trial, for your motor vehicle accident compensation, unless one will be needed to attend in court.
At the end part five may be necessary, if the money for the damage must be collected. When a case is won in court, but the wrongdoer still does not pay the car accident damage he coursed, payment has to be enforced.
A writ of execution must be applied for and the sheriff must be send to collect the outstanding money. Given the debtor just manage to hide his valuables to the sheriff, and his action turns out with a "nulla bona" meaning nothing had been attached or found suitable to be, an independent RAMLA listed claim collector can be mandated to investigate the debtor and make him/her paying for the accident damage he is liable for.
Unfortunately the step five - claim collection - is not part of the process and must be initiated and paid for by the member to be paid back throughout the payments of the liable party.
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RAMLA (Road accident management and Legal Action), is a specialist in material car accident management in South Africa.
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We suggest finding out more about the RAMLA accident claim management and legal service to make an informed decision as the unique RAMLA car accident claim management is very different and supports manage and pursue any accepted claim professionally and without any legal cost for you.
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RAMLA will be your one-stop car accident claim service in South Africa
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