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This RAMLA web platform providing much information on almost all interesting issues in connection with MVA - Motor Vehicle Accident - matters. If you do not find you look for, use our keyword search page and look for the related keyword.
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:
Keywords Section - X Y Z
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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.
Third Party car accident (RSA)
Go directly to page selection Headlines
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Your specialised legal expert to sort out MVA matters
Professional - competent - swift - decisive and affordable
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Road Accident Management & Legal Action
The first stop solution for any MVA problem
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3rd party motor insurance cover will protect the Insured against compensation pays, emanating from car accident damage claims from other parties.
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What does it mean 3rd party motor insurance cover?
Third party motor insurance cover is a useful form of car insurance that pays for damages, a liable and negligent driver must compensate other parties, for destruction to property caused in a traffic accident.
In South Africa it is currently not compelling for a motorist, driving in public traffic to be insured at all, against risks out of car accidents, that can cause harm to others.
Lot of other foreign countries however do have traffic regulations, that compelling the owner of any motor vehicle taking part in public road traffic, to be insured at least on the lower level of insurance cover, the 3rd party coverage, before a vehicle is allowed to participate in public traffic.
Talking about public traffic with motor cars, the possibility of accident damages are always on the agenda and motorists can be involved suddenly and unexpectedly to any time.
Most often road accidents end up with damages, to property (the motor cars involved, damages to facilities, buildings or to nature) or it can harm persons with injures, on a scale from harmless to severe.
Insurance Site Map - A comprehensive overview of relevant Insurance Issues
Once a motorist in South Africa does not have to have any kind of insurance cover currently, any such risks of damages or injuries remains with those liable drivers, causing or contributing to the car accident. As damages or injuries will be quantified in money, if it comes to the need of compensating for such disadvantages, a person deemed liable for the cause of the traffic accident, must pay, if insured or not, against motor vehicle damages or the insurance company don't settle.
Traffic accidents causing car damages happen every day on our roads, in South Africa. The challenges to get compensation for destruction to a vehicle or motor car are different, as to the circumstances and situation.
A short breakdown of the headlines on this page will be found by just scrolling down a bit. Those information's given are of a general nature and it may not always explain or suggest a perfect solution for a particular matter.
This is why RAMLA - Road Accident Management & Legal Action - offers a first free analyse and response to persons, faced with motor car accident compensation issues.
RAMLA is a specialised Expert in all MVA - Motor Vehicle Accident - matters and our work is focused just on solution to get compensation paid, Insurance disputes solved or taking defensive measures against unrealistic or inflated claims.
We may well be one of the most experienced experts in MVA compensation matters in South Africa. Anyone having a problem within the spectrum is welcome to contact us.
How to contact RAMLA, in what way best to do and what we need knowing to reply
Your specialised expert to sort out MVA matters
Professional - competent - swift - decisive and affordable
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Denied or partly accepted 3rd party claims
After a motor vehicle accident (MVA) on South African road could not be avoided, and the parties get together to exchange important data, contacts etc. and a motorist find out the other party seen the liable one, causing the car accident do have motor insurance, will prompt some hope being compensated for such damages.
But there will always be a risk, that even a legitimate claim will be denied or only partly accepted.
Anyone has the right to deny any private claim, and cannot been forced to give any reasons for the decline, as long as the matter will be dealt with privately, before legal actions in a court of law are unavoidable.
If all demand, presentation of evidence etc., will not be successful, or only lead to a partly accepted claim, action needs to be taken, if the evidence back up such further actions.
A denied claim must not immediately need legal action in a court of law, as sometimes only the evidence needs to be strengthened and presented in a proper and knowledgeable manner, which can change the other parties point of view, or be as strong, that the other party in a claim doesn't see any good chances to get away with it, and lead to a better offer or even accepting the claim.
South African motor insurance companies, frequently deny a compensation claim unfairly, by just listening to the story the insured put forward. If the insured party gives a controversial statement as to what a claimant evidence set out, some insurer easily take that for a decline as appropriate.
Certainly such unfair decline or rejecting of a legitimate claim, must not be accepted and fighting for your rights and compensation can be very well worth-while and even validate some costs for support.
On the other hand, motor insurance companies can accept a claim partly, arguing the insured has been found causal for a certain portion or part of the car accident, but further saying, the claimant has equally contributed to the vehicle accident, on various reasons.
Some South African motor insurance companies are very much in favour, of blaming another motorist being partly liable, by saying the other violated rules of the road, not having taken all evasive measures, not having had control over the own vehicle, not have observed the traffic properly by not having had a "proper look out" etc., that could be expected reasonably should have done by the claimant, avoiding an impact.
Thereby commonly case law will be cited, out of various sources to its deposal, which a motorist not that much experienced in pursuing car accident claims, cannot easily rebut. But in fact to most previous judgements cited, another saying just the opposite may exist. Furthermore, no motor car accident will be exactly the same as those circumstances in the precedent.
The insurer than suggest an apportionment of damages as they feel fit, i.e. 60 or more % in favour of the claimant. The problem here is not the percentage alone, as for calculating a settlement offer, they take both or all damages of the motor cars in consideration, add them together and divide to the percentage they found appropriate.
That means effectively, that a motorist claiming damages and acknowledged being i.e. 75% in the right, will still pay for the others damages. Such can be very detrimental to a claimant, once the damages of the other are calculated high and exceed the own damages, which can lead to a very limited amount of compensation, or even to zero or minus, entailing the chance they demand a pay from a motorist not found liable to a high percentage and no compensation pay-out at all take place.
Any such settlement offers or declines should be investigated, before being accepted. It will most often be relatively easy getting a better offer, before legal actions must be considered.
Facing such kind of dispute or unfair analyse of facts about the cause of the car accident or negligence, take some advice. RAMLA deal with such matters continuously on a day to day basis and may be the right and affordable source of support.
It is a different matter and process to claim damage to property as to claim for bodily injuries. South Africa has established the RAF (Road Accident Fund) mandated to deal and compensate injured persons (only injured - bodily injuries).
RAF, as a State owned enterprise, handles the cases for compensation of any bodily harmed person, innocently suffered injuries in traffic accidents. The fund is financed by a portion of the patrol price and is the only way to go, in order to claim compensation in the range of personal injuries, recovering costs for medical treatment or provide finance for long term implications affecting a person's health or even to claim for the loss of the income of a breadwinner, and other specified losses.
As we are talking about material damages (destruction of property) here, more information about the South African - Road Accident Fund (RAF) can be found in other publications. RAMLA currently don't process claims for bodily injuries.
The best way to avoid financial risks, standing in front of a liable motorist, which can cause huge problems being the negligent car driver and sued to pay vehicle accident damages and facing subsequent claims, being insured and to have a valid motor insurance cover.
Third party motor insurance cover is the simplest and most needed cover, avoiding bitter struggle in a compensation claim, another demanding recovery of financial damages. A 3rd party motor insurance cover should pay for car accident compensation claims, other motorists put forward against you.
Third party insurance cover doesn't pay for any damages the negligent, insured car driver suffered to his/her own property or motor car.
What else must be known about what the 3rd party insurance will do, before paying out a damage claim
A third party motor insurance should pay damages out of a car accident. But unfortunately it's not granted that the auto insurance pay easily and satisfactory.
South African motor insurance companies step into nearly all the claims reported to them, in order to find measures to accept or deny car accident compensation claims, on behalf of the insured. That applies on the level of 3rd party claims as well as in comprehensive insured matters.
All along, too often, claims are denied or made complicated to enforce to minimise the insurance pay-out. A claimant - the one who demand compensation - will most commonly be a layman in terms of motor accident claim. On the other hand they deal with specially trained insurance admins, working on motor car accident claims every day. Just the difference in experience can lead to difficulties on the way claiming for financial compensation recovering destructed property.
Anyhow, as disputes with South African motor insurance companies are daily occurrences, even a proper insured car driver/owner, can still be forced and personally involved in a disputed case.
The other party/parties may sue the insured directly for the payment of the damages and serve a summons, as the motor insurance company is not directly part in the claim. No one claiming for vehicle damages will be forced to deal with the insurance company, if no amicable solution can be found. The good news will be that the insurance company is forced to pay the bill at the end, if the claimant succeeds in a dispute.
Should a basic 3rd party motor insurance cover be compelling in South Africa?
Despite the South African Insurance Industry does perform very much how they feel fit, instead providing a reliable and calculable motor insurance cover, they intertwine a lot of small obstacles into the insurance contract, someone not aware and critical enough to know and adhere, may face unexpected problems, when it comes to a claim, a general third party motor insurance, that covers a driver/owner against risks to harm or damage others property, should be obligatory, but to reliable conditions for the victim of a car accident damage.
A number of South African car drivers are not capable and/or willing to pay for vehicle accident damage they are liable for, especially if they are not insured against this risk.
This poses a risk for motorist suffering damage to property, in terms of the fulfilment of the obligations in law, to compensate another to pre-collision state, if no such money is privately available.
Those - not insured against the basic risks in daily road traffic - bur being aware the financial consequences that anything can happen, may be prepared to get away from compensation demands by cheating on the other party, either in terms of personal data or place of residence or just lying about the real financial status, that may well be good enough to pay off damages caused.
Not having motor insurance cover against liabilities caused by car accidents and not being capable to pay for those obligations is obviously very much unsatisfactory for the victim.
Avoiding 3rd party insurance cover to save premiums, will demand that the one don't want to pay the premiums, for what reason ever, should save the premiums not paid, separately in a savings depot, unless a reasonable amount is accumulated to pay out of the own financial reserves, if it hit one day.
As it will be an illusion believing a motorist in need of all funds available will do such savings, building reserves that are suitable to pay, shouldn't there be a compelling 3rd party cover.
Yes, South African law should be amended to make 3rd party car insurance obligatory, before a car registration can take place and financially maintained (paid up) before the motor vehicle will be allowed to participate in public road traffic.
Motor insurance companies, providing the basic insurance cover, should be compelled to pay damages and not get around the obligations, based on matters as alleged contractual misbehaviour of the insured, even if recklessness, as the other party cannot be forced to be stranded with the damages to the fault or recklessness or even criminal behaviour of another.
But, the 3rd party insurance cover must pay, without reservation!
If all motorist must be basically insured against the risks in daily traffic harming others, there will be no more the reason downscaling damages or deny insurance cover and a lot of recovery claims, which all comes with costs, can be avoided for the good of lower premiums for all.
The existing praxis that a motorist needs a comprehensive motor insurance cover to be paid by him, just having some security, once been hit by another causing damages to him, only to get paid with not too much of a hassle, and still face shortfalls in various ways, is absolutely the wrong way.
A comprehensive cover should be taken for the purpose to cover own fault, when damages to property in traffic occurs, only.
Report any matter that can trigger a claim to your motor insurance company
At the very beginning of a compensation claim directed to the motor insurance company, the report of the matter to them must be addressed.
It will be crucial for the insured client to report any matter that can have an impact on the cover of the risk insured. This may entail any claims that can have effect or any impact to the cover, now or in future. The duty to inform the insurance company in time will mostly been stipulated in the terms & conditions agreed, when concluding the contract.
Right after the claim is reported, the insured party will convey its side of the matter to the insurance claim admin.
As a case is reported properly to the motor insurance company, they will make use of the rights ceded to them and will deal with you the 3rd party claimant or your representative and argue what they deem fit and not necessarily what the insured client may think, when dealing with the matter.
Motor Car Accident, in South Africa?
You 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 short circle -.
For best results contact us by email initially, give us an idea of the incident, attach one or two pictues 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 repudidation letter, of give us the reason for the rejection and name the Insurance Company.
Should you like talking to us (phone contact displayed below), do that after the initial email briefing, but keep in mind even we need some time to check about your matter first.
You are welcome to utilise such valuable absolutely free inital 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 to explain 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 therafter.
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.
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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 is a specialised expert in material car accident damage claims,
demanding, enforcing compensation actions, supporting disputes with Motor Insurance Companies or its agents, work in Ombudsman's 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 car accident claim, a comprehensive claim preparation and action to enforce compensation, all the way up to a court case.
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Don't expect much support from the liable motorist, as they tend to leave it to the 3rd party insurance to sort out the case
A plaintiff looking for compensation and getting his damages paid, should not expect too much cooperation from the insured and liable party caused the traffic accident, as they prefer to let the insurance act and stay just outside a claim.
Once a claim is reported to the motor insurance company, they open a case and give it a reference No, helping them finding the right case when you contact.
Now, the insurance company want you, the victim of the accident, deliver certain documents to them, before they even decide to entertain the claim or not. Such documents should identify the claimant and the car owner, your general claim report how things happened and some other documents. They probably inform you in detail of what they do require in your specific case.
Certainly the assessment/quotation of your damages is essential and you are required to specify. Be careful that the lowest damage listing will be sufficient to repair your auto damage professionally.
In cases of more serious damages, most often the insurance company will undertake a vehicle damage assessment to calculate or assess the damages to its standards. The result of the examination will be served to the insurance in the form of an assessment report, drawn by the appointed assessor.
Right here the first problems may occur, far before anything to the cause of accident itself had been exchanged.
The arguments of the cause will then be part of the claim. Determination of liability will always dependent on the individual matter. The next step on the side of the insurance will be, to crosscheck your accident report with the report the insured put forward.
If there will be inconsistencies between your statement and those of the insured client, the insurance admin will most probably buy the version the insured claim, how it's all came along.
Coming to the conclusion both statements are matching, and the insured motorist accept being at fault and acknowledge it towards the insurance company, you may find them pay-out, provided no other obstacles emanating from the obligations the insured do have against his/her own insurance.
But if the two accident reports differ and the insured claim not to be liable, the plaintiff/claimant will be in trouble to get along and the case eventually accepted. If all attempts to settle fail, but the claimant still believes and be able to proof he is in the right, all must be taken forward to sue the insured person for payment, probably escalating to legal actions.
A claim put forward to the insurance company will mostly not be a quick and amicable matter, so prepare investing quite a time to sort out thinks. If you expect that the insurance company will correspond to time lines set out for them to comply, more often than not you will be disappointed, they don't.
They are in a better position, as you want something to achieve and they actually are not keen to pay out more as the minimum they do need. It's legal, but not amicable and fair.
The force to respond in time will only apply if the matter will be in court and according to court rules and orders, all participants must apply and abide those time thresholds not to risk a default judgement.
What does comprehensive motor insurance cover mean
Comprehensive motor insurance cover does mean, having an insurance policy that protect against all kind of motor accident repercussions. It will regularly cover an insured motorist against any 3rd party claim and furthermore will pay for damages to own property, in general even if the insured be the liable and causal driver.
That sounds good and should even be good.
Comprehensive motor insurance cover is designed to protect own property against financial losses, but comes with a set of stringent conditions, which must be upheld entirely, not risking a decline, once it comes to a claim.
Those conditions are very important and it can have detrimental results if an insured failed to abide. The acceptance of the condition must have at least the same attention as the premiums charged for cover.
It won't help much in case of a traffic accident damage claim, if the claim will be declined, despite premiums paid over a reasonable period of time. If there is no cover when the incident happened, all premiums paid are of no value and a loss on top of disappointment.
It is therefore advisable, that a motorist knows the Insurance terms & conditions of a contract and honestly abide by such, but there is a lot to look on and not just keep the premiums paid.
Another benefit having a comprehensive motor insurance cover can be that many if not all South African motor insurance companies, step into a claim and handle such for the client.
This isn't particularly in order to help the client, to get out of the way of the hassle coming with a compensation claim for traffic accident destruction, but rather to have a say and take decisions as the Insurer think fit, in order even protecting the own interests.
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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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Alcohol or drugs a driver has abused but driving a car under the influence and causing the accident
Alcohol or Drugs shouldn't be consumed when on the road, for good reasons, and prohibited by law.
Once alcohol or drugs are suspected or proven, any insurance cover will lapse and no compensation can be expected covered by any Insurance.
However, the misuse of drugs and or alcohol must be proven in a professional manner.
It will not be acceptable, if an Insurer or another party just allege the other being intoxicated.
No witness or any observer can detect any or the degree of intoxication, even if they are medics, without scientific analyses, there is no proof.
Breathalyser and professional medical laboratory tests must show if any intoxication and to what degree, to get a claim declined or even to make one against another.
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Market value, trade and retail value, scrap or salvage are all part in a "write off" case
When it comes to more serious car accident damages often repair costs are high. Should repair costs exceed the market or pre-collision value of the motor car, it will be called a "write off".
Unfortunately many of those been written off is caused by a decision of an Insurer.
The manner in which the car values of a highly damaged vehicle being evaluated, is by applying value schemes, often inappropriate schemes or wrong assessment results should be challenged.
A write off can cause many hassles in some regards.
There are some value schemes offering private persons a one time free value check.
Below as an example, TransUnion Car Value
www.carvalue.co.za
Anther source will be www.book-value.co.za as well as www.autotrader.co.za
TransUnion Car Value Scheme
www.carvalue.co.za
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