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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.
Risk and Chances in a compensation claim (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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Motor insurance claim decline - the process of challenging it - for a better outcome and a pay!
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Risk and Chances combat disputed, denied, rejected or dismissed claims under your Comprehensive motor car insurance cover in South Africa
The general perception of a comprehensively insured motorist is to be protected against all sorts of losses, connecting to motor vehicle accident damages. This is the ideal case and should be the norm. But unfortunately there are just a too many cases were benefits of policy cover is denied.
The reasons for such differences are wide ranging. The start can be non payment of premiums.
Should that be the case, just don't look further to your Insurer, as there will be no chance to have a compensation action paid. No pay of premiums - no pay of damages, even if one paid for years and years, without a claim at all.
In regard to the above non payment issue, there may be a chance to claim from a liable party, if the question of causation will allow alleging another having caused and be liable for the accident. Find more to that topic - third party claim action.
Other reasons for a problem getting a comprehensive insurance cover claim approved are even manifold, as for example:
Reasons for disputs and agruments in a comprehensive MVA insurance claim.
If all went wrong with dispute resolution, there is still the Ombudsman (OSTI) to go to, for a review, before a court of law is the last instance.
Comprehensive motor car insurance cover was designed to compensate the insured party for own vehicle damages, that were caused by your own fault or even negligence and responsibility, to protect your property and safeguard the value.
As South African law presently do not compel, a motorist driving a motor vehicle in public traffic, to have at least 3rd party motor insurance cover, the risk being involved in a motor car crash with someone just not insured and on top even not be able or willing to pay any damages, are high.
This is the main reason, that the comprehensive motor car insurance cover is needed, to protect your property, in cases of any car accident with an uninsured and financial not as stable party, to pay your losses.
It is also common practise in South Africa, that a person will most probably claim from his own comprehensive motor insurance cover, even if they are not liable for the accident and despite the other party is insured against 3rd party damage claims, just to avoid the hassle of enforcing compensation from the liable party or his/her insurance company.
There are a lot of good reasons to have your valued motor vehicle comprehensively insured, but as we are dealing more with problems then benefits in terms of car accidents on these web pages, we will focus more on the risks than on the advantages.
Let's make something clear right here in the beginning, you will have little hassle with your insurance company sorting out any claim, as long as you are called a "good risk profile".
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 advice in 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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If all went wrong with dispute resolution, there is still the Ombudsman (OSTI) to go to, for a review
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What does it mean to be a "good or bad" insurance risk profile?
The matter or purpose of a risk profile is, to evaluate which or what kind of individual risks an Insurer takes, giving a client cover for a specific kind of risk, in our case the risk for indemnification for finacial obligations, emanating from car accident damage compensation claims.
A cover protect or insures against 3rd party demands, for the pay of damages to the other party, if found the Insured is liable, and in terms of comprehensive cover, even pay damages caused by fault or even negligence of the Insured him/herself, to the particular risk and object insured and what conditions to attach, as well as to the amount of premium, cover will be sold.
A rather good risk profile comes with good behaviour, such as sticking to terms & conditions, pay premiums regular and in time, and - don't claim too much, that's as easy as it is.
Paying your premiums is a must and further being aware and abide to the terms & condition, best to all times in detail, and not claiming whatever you can, is the way to be classified as a low claim client, or good risk profile.
A good risk profile insurance client can be relativly sure to have little or no problems, if in need to report a claim, that will trigger a pay-out.
If the Insurer regards and keeping you in the status of being a "good risk", will benefit you, if it sometime will come to a major claim.
Our advice is, don't claim for all and everything, or at least not too often, for small values as i.e. a broken mirror or windscreen. These claims will not be to your benefit, when you need the insurance cover most, as it can lead to get your rating downgraded and your status being a good risk is in danger.
Motor Insurance cover in South Africa, should not be seen as some sort of - if I can claim I do, in order to get something for the premiums paid. It is rather advisable to regard insurance cover to shield against the worst and have it active as you need it, which we all know, is unpredictable when it may happen.
Certainly it will be different, if you haven't claimed for a very long period at all, but mind the risk to be in trouble, if you suddenly trapped in a serious traffic accident.
A "bad risk" will as it is not complicated to imagine, just be the opposite. However there are many factors that can trigger to be seen more a bad than a good risk and not only the number of claims may play a major role.
Being found or categorised a "bad risk" will ultimately lead the Insurer having an open eye and trigger precaution measures, investigations and in depth scrutiny, if claims are reported.
Such investigative actions, are commonly designed to find some sort of violation of duties, in order to decline a claim and if such is at stake or even only announced the assessor or investigator will contact you, must be a loud warning sign and one must be aware of those loopholes one can trap into, not be confronted with a decline.
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.
Be welcome utilising 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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Please take note of the below information, to have a more complete picture about the free advice:
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, but
practical work pursuing a case, cannot be free of charge.
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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RAMLA will be your one-stop car accident claim service in South Africa
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When best, or best not, claim from your comprehensive insurance cover, but directly claim from the liable party
If you take the route, claiming for compensation from your comprehensive insurance cover, if you are not the liable party, it will shift the risk and task to claim from the victim to the insurance. As always, one has to pay for such extra service in the end and this may be expressed in losses of benefits or extra expenses in relation to your car insurance policy, but in general leads to higher premiums for all.
There would be no or little need, to either be comprehensive insured at all (except protecting you against losses out of your own failure) , or to claim from your own cover, if it will be compelling for any motor car travelling in South Africa to have a 3rd party insurance.
A 3rd party insurance that should be obligatory for all, will help lower comprehensive auto insurance premiums, you have to pay, as the risk then will be limited to cover damages to your property that are caused by your own and just you being responsible for, i.e. if you hit someone else with your vehicle in a crash and you need to have own damage repaired.
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RAMLA can help clients in all MVA matters to solve problems professionally, claims, disputes (3rd party / comprehensive Insurance cover), review of declines with the Ombudsman (OSTI) 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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As to today's practices, most often the motor vehicle accident damage is claimed through the comprehensive cover, if insured as such, instead to claim from the liable party.
Keep in mind that you are not compelled to claim from you comprehensive cover, given you are not the liable party. You can always claim from the other party directly, even if you first tried to get the compensation paid by your insurance company, but found you don't come right.
A benefit can be seen claiming from own cover instead from the liable party, in the fact that the insurance take care of the problems, in the first place and you don't have to be involved in actions.
What to look on, taking the decision to go the way through claiming from your cover, is about the circumstances and tangling factors of influence, which comes from your insurance plan. All contributions or other compromises you have accepted to have acceptable premiums, will have the consequence of a shortfall in your overall compensation.
In a claim directly launched against the liable party, none of any other contributions or restrictions, as those the law proposes applies.
No financial contribution, in terms of insurance excess, restriction in repair terms, measures of determination what will be qualified as what, under circumstances and conditions, your insurance plan will have, apply in a 3rd party claim.
Another detrimental factor will be, the more you claim, the more your risk profile increases and this will most probably lead to an increase in your annual premiums.
It is understandable that your insurer does not like to pay more compensation than the value of your premiums. They may need utilising instruments, like the increase of premiums or other measures to prevent the inappropriate use of the insurance cover.
Check your terms and condition and the effect to your risk profile carefully, before you decide which way to go, when you claim to be compensated for losses you suffered to your damaged motor car, in an accident you are not liable for.
If you trust in your specific insurance company, to pay fair and easy for your claim made with them, and that may be worth the financial contribution for you, this is your way to go.
Ombudsman for Short Term Insurance - review a declined or short offer in a comprehensive motor insurance claim.
The South African motor insurance industry have created an arbitrarily review instance, for claim disputes between the insurer and the insured.
The Ombudsman for short term insurance is located in Gauteng and the physical adress is:
The Ombudsman for Short Term Insurance (OSTI)
Sunnyside Office Park
5th Floor, Building D
32 Princess of Wales Terrace
Parktown / Johannesburg
An initial dispute can be launched via email, by visiting the Ombudsmans web pages at www.OSTI.co.za launching a complainant with the OSTI office, or best send the compaint via email to Info@osti.co.za with the name of the insurer or underwriter, not a broker or agent, the policy reference and claim reference, accompanied by a short briefing.
The service of the Ombudsman is free of charge but, only available for insurance clients, not happy with an outcome or dispute about the policy cover or terms, as a matter of contractual dispute between Insurance and Insured.
The offices and costs of the Ombudsman's operations are funded by the insurance industry and its members signed up to the Ombud's scheme. The objective of the Ombudsmen's work, is to solve disputes arbitrarily out of court, and it is expected to do so in an unbiased and independent expertly manner.
The process of reviewing a pending Motor Insurance dispute
Once a contact is made to the OSTI offices, as mentioned best by email to Info@osti.co.za, such is taken note of and the applicant will receive a form in order initially address the matter.
The filed application form has to be returned. References etc. will be given, who of the Ombudsman's office will be in charge for the review and the OST case reference.
Commonly the OSTI office call on applicants to be patient, as the work load appears to be huge and the applicant urged mot inquire at each and every time, but only if a certain period is gone by, without any reaction.
However it is noticed in practice that the OSTI offices try to do what they can, not delaying the process. But as they always have to correspond to other parties, give them time to respond and then take own time to check and forward, it is just to accept, that the process will take its course, for a longer period of time.
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RAMLA can help clients in all MVA matters to solve problems professionally, claims, disputes (3rd party / comprehensive Insurance cover), review of declines with the Ombudsman (OSTI) 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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In the course of the review, right after having received the application completed, the Ombud will contact the Insurer and request its evidence to be provided to him.
Once received the Insurance evidence, he/she will have a check with the review briefing in the application file and compare with the evidence supplied by the Insurer.
This may result the Ombudsman drafting a prelimenary statement of the matter, as to his/her view and advice how the applicant should act in order to provide sufficient quality evidence, as well as forward the evidence the Insurer has provided, to the applicant or his/her legal representative.
Legal representation is allowed and the applicant can make use of it and if in knowledgeable hands, it may be to the benefit of the applicant.
A legal representaive is requested to legitimate himself per Power of Attorney.
Once the detailed evidence of the insurer is forwared, the complainant must address the matter of dispute in detail and provide facts, rebutting the evidence the other party provided.
The insurer had its file prepared already, as to the time a claim decision has been made, which had been based on such findings, but often those evidence isn't released to the client or his representative, before.
It is an obstacle not having the full picture of the other parties opinions, to find better arguemnts in the process of dispute resolution with the Insurer, before going to the Ombudsman review.
But it appears that the Insurance Industry isn't as keen to open books too early and too wide, in order to avoid enabling a client to find out about the background of a disputed decision, before escalating it.
It should be understood, that the Insurer will be bound on the decision or ruling of the Ombudsman, but not the Applicant, as he/she is free to escalate matters to a court of law, for a final review and judgement.
A court of law do have more powers in order to find the truth in a matter, as the Ombudsman do have, so for example to hear witness and not be hampered if parties collide with factual evidence, the Ombudsman cannot verify and consequently can't make a ruling.
Even more, given the Ombudsman's ruling isn't to expectations, may be as just to wrong handling the matter, it is of vital benefit to have done the pursuit of Ombuds review, as to the knowledge gotten out of the process, what the Insurer argue and what proof there indeed will be and if it is a well-founded or just a weak proof. The analyses thereof can pave the way for or not approaching a court of law.
For a complainant it is important to know, that just repeat the problems, probably already discussed with the Insurer, won't be good enough. The matter must be addressed in detail, even supported by evidence or rebuttal evidence of what the insurer may put forward.
The insurer often rely on assessments or investigations to proof the claim decision and the Ombudsman will unfortunately too often, not challenge the evidence at all, if the complainant don't provide some sort of rebuttal evidence of same or better quality. Just denying the findings of the evidence supplied by the insurer isn't good enough to be seen as credible and successful argumentation.
One of the good measures to go to the Ombudsman will be that the Insurer must put all the supporting evidence forward and that will be given to the Complainant to review and rebut.
Even is a claim isn't overturned by the Ombudsman's decision and remain in favour of the Insurer, it will be a good support, if matters must go further to a court of law, as the complainant or his/her representative does know what will, or can be argued in court and chances of success therefore can be best evaluated.
Once the Ombudsman decides a case, the matter and decision is binding for the Insurer. However it isn't binding for the complainant, as there will still be the way to a court.
The Ombudsman must take all evidence in mind, which have been brought forward by the parties to decide. However, he cannot actively involve or even hear or question witnesses or do inspections in loco etc.
A court of law can do more, as to the possibility of questioning witnesses or parties in the examination part of the trial, or hear expert witness testimony etc., which is far more accurate and unbiased at all possible in a Ombudsman review.
The process with the Ombudsman is a long term one, and takes at least 3 to 6 month to be heard and decided.
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RAMLA can help clients in all MVA matters to solve problems professionally, claims, disputes (3rd party / comprehensive Insurance cover), review of declines with the Ombudsman (OSTI) 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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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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