Motor vehicle accident damage claim enforcement
- defence against inflated or unreasonable claims
- Motor Insurance disputes - claim declines



car accident in South Africa car accident in South Africa car accident in South Africa car accident in South Africa car accident in South Africa car accident in South Africa car accident in South Africa

Recovery material damage in a car accident





Car accident damage claim enforcement

Rebutting unfair settlement offers

Insurance claim declines or dismissal

Defence against unreasonable or inflated claims

Support pursuit in any MVA matters, in South Africa


Road Accident Management & Legal Action
(RAMLA)






We are car accident damage compensation recovery specialists

as well as experts to defend against unreasonable or inflated claims.




                                                             RAMLA - car accident damage claim service South Africa

You do have an issue with any kind of Car Accident claims, disputes, rejected claims or the need of enforcing your traffic accident compensation, in South Africa?



RAMLA - car accident damage claim service South Africa

RAMLA is a specialised legal Expert in regard to Motor Vehicle Accident damage compensation enforcement, or assistance in defensive actions against unreasonable or inflated claims.



Select issues of interest by keyword search



      car accident in South Africa





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The content and information supplied are linked and legally associated to the disclaimer, supplied at the end of the page and for private individual purposes only.





Motor car road traffic accident damage recovery, is what our subject is all about.

Below please find some issues and occurrences of common interest, listed and linked.

Car accident issues that matters most:









      facilitating a claim



     
claim against the liable party causing the car accident   enforcing full and fair compensation . . .
     insured driver/owner

     not insured motorist

     3rd party claim

     reluctant party





car accident in South Africa car accident in South Africa car accident in South Africa car accident in South Africa




   value of damages



   Calculation of damages

   Quote or assessing

   severe damage -
      write off - total loss,
      scrap, salvage





car accident in South Africa car accident in South Africa car accident in South Africa car accident in South Africa










   Insurance claim evaluation, decline, dispute



     


   3rd party claim

   comprehensive claim

      violation of terms (t&c)

      in regard to investigations

   declined claim

   insuficient settelement

   Apportionment

   Precedent / case law

   Defend Recovery Action





     




Should you do not find the issue you are looking for, contact RAMLA (Road Accident Management & Legal Action), as one of the most experienced experts in matters of car accident damage recovery claims.

We however believe the issue in question will be found on one of the other pages on the

RAMLA comprehensive MVA - motor vehicle accident - Information Platform,

but as we haven't installed a search function, rather contact RAMLA, instead of waste time for a search.

There are sections in the main top selector, such as claim, assessment, legal and insurance matters; you may navigate to find what you're looking for.





Apply for RAMLA Membership NOW



Car accident damages as result of a traffic collision, always gives task and commonly hassles, unless one do have a compressive motor insurance cover that lives up to the promises made.

But unfortunately, that's not always the matter and if ordinary South African motorists are asked, if they believe and trust a valid claim is a guaranteed matter, one will hear a number, if not the majority of those questioned, doubting that it will be so.

car accident in South Africa   Your specialised expert to sort out MVA matters

                  Professional - competent - swift - decisive and affordable






         Issues with South African Motor Insurance companies

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Should a matter be taken to a court of law?

Most commonly the overwhelming number of disputes or claims can be solved in pre-litigation, but if no amicable solution can be found, matters sometimes need the escalation to a court of law to be solved.

It should be noted, that most of the deciders of claims, (insurance claim admins, claim evaluators or technicians, however called and other representatives, regularly do have no certified legal competences.

This means the decisions made to either accept or deny a claim are performed by persons with experience, but often not applying a legal background, taking all facts in consideration, but all too often rely on party statements, without a check on the balance of probabilities if that point of view may represent the correct situation, or act biased as to benefit schemes or other incentives, declining claims to cut down on compensation pay-outs.

Approaching a court of law give the certainty to have the case evaluated to the laws prevailing in accordance with the particular applicable situation, and after analysing the parties written arguments exchanged in the pleading phase of the trial, hearing the plaintiff and the defendant, as well as witnesses and thereafter the judicial officer will come to a decision, making it an order of court.

It is obviously clear, that such comprehensive analytic process will be by far better, than just accept an unjust decision of a person in charge, neglecting the basics of fairness to look onto a claim unbiased.

It may therefore be fairly well to accept the initial costs, coming with a legal action in a court of law, but given the evidence is supportive enough to convince the court on the basis of probabilities to decide in favour of the party, to get compensation and a refund of costs necessary to pursue the claim in court.








car accident in South Africa

car accident in South Africa






















The RAMLA web pages are designed to supply you with valuable information's to sort out material motor car accident compensation cases occurred in a traffic collision on South African roads.

Involved in a car accident in South Africa and like to know what to do?



You will find a lot information that can help you to claim for damages or to deal with disputed motor insurance claims and even to defend you, if you face an inflated high and unreasonable claim against you.


On your way looking for a professional car accident damage assessment, to quantify and calculate your traffic accident damages occurred one of the provinces of South Africa,

Gauteng - Freestate - Northern Cape - Limpopo - North West - Mpumalanga - KwaZuluNatal (KZN) - Eastern Cape - Western Cape -


you found the RAMLA web pages giving you some ideas about the pro and cons of an independent damage investigation and what you should look on to get a reliable accident damage report, helping you to proof the material claim, against the liable party or the motor insurance company.


Even if you are located in one of the mayor cities of the country such as Cape Town - Bloemfontein - Johannesburg - Soweto - Pretoria - Polokwane - Durban - East London - Port Elizabeth - or in the wider areas around those cities or wherever in the county you are,

RAMLA (Road Accident Management & Legal Action) can support you with various service options nationwide.

Working with RAMLA will of course be the most comfortable and economic support in pursuit of a legal compensation claim, whether against a 3rd party or directed to any motor insurance company in South Africa.

Motor car accidents happen on a daily basis, and in all the South African provinces, wherever you are, in Gauteng - Freestate - Northern Cape - Limpopo - North West - Mpumalanga - KwaZuluNatal (KZN) - Eastern Cape or in the Western Cape.

In the several provinces you find differences in the level of risks, according to traffic density, conditions of the roads, day and night times, weather conditions and many more.

A motor car accident rarely does happen just out of one singular fault. Mostly more influential factors and other negligent actions must get together causing a traffic accident at all,

when driving through Cape Town or Kahilitsha, Paarl, Parow, Calvinia, Springbok, Vredenburg, as Port Elizabeth, but not just there.

In all our South African cities and even in rural areas, are risks by travelling a vehicle on public roads. Be aware that most accidents happen in your very near neighbourhood or on your daily way to or from work in your home town Middelburg, Graff-Reinet, Somerset - East or Somerset West, Grahamstown, Bisho, Zwelisha or East London, due to the facts that one who is very familiar with this routine, will not be on the alert level one should be.

You can minimise to be dragged into an auto collision, if you concentrate on the traffic, abide by the basic precautions and don't contribute negligent in driving, by let's say texting or telephoning behind the steering wheel.

But even if you live in other small towns or mayor cities such as Umlazi, Durban, Pietermaritzburg, Potchefstroom, Port Elizabeth, Knysna, Krugersdorp, Oudtshorn, Mossel Bay or Worcester you have to be aware of the danger by making your trip.

Other road users may not be up to their best abilities, be drunk for example or driving a motor car that better should not be on the road, as it is not roadworthy and so poses risks to other motorists.


Just participate in local traffic within the towns and villages as Roberson, George, Kimberly, Rustenburg or Mabopane, you can be caught up in a vehicle crash at all times, despite you may drive carefully and respect the rules of the road. The other party is always even your risk.

Minimising the probability to be caught up in a road crash, especially in bustling cities such as Pretoria, Johannesburg, Soweto, Germiston, Rustenberg, Welkom, Bloemfontein, Polokwane , Durban or Cape Town, where high volumes of motorist getting along all day, the risk to be involved in a car accident is much higher than just travelling in quieter areas as Klerksdorp or Mahikeng.

The best will be, if you are on high alert all the time you drive a motor car. Taking care of keeping proper following distances which is a very good measure not to be involved in car accidents,

when you on the roads of Kimberly, Queenstown, Beaufort West, Prieska, Upington, Vryburg, De Aar, Belfast, Bethlehem, Kroonstad , Harrysmith, Mabane, Nelspruit or Ermelo.

In huge metropolis as Johannesburg or Cape Town where you deal with rush hours when commuters get to and from work in the morning and evening hours, the danger to be trapped up in a motor car accident are explicitly higher as to other traffic times.

If you have been unlucky dragged into an auto accident caused by another one or more motorist who drove negligent, not abiding the rules of the road or even careless and subsequent suffered material damages to your motor car, you want that the liable party pay compensation you for losses.





Welcome to RAMLA - Insurance Matters - South Africa (RSA)

If you do have any problem with a South African Motor Insurance, Broker or Claim Adjuster in attending your claim, just let us support you.

Motor car accident disputes with the insurance companies, regarding a compensation claim, directed to SA motor insurance company, are common in South Africa. Lots and lots of claim disputes arise on a daily basis.

Car accident lawyers and professional claim managers . . .

to analyse, support and pursue your material car accident claim, effective and economical, nationwide in South Africa.

You will find a lot of useful information about all sort of MVA - motor vehicle accident - damage compensation issues on the RAMLA (Road Accident Management & Legal Action) web platform.

Alternatively contact RAMLA - for a free first check of your particular issue, if you are struggling to be compensated fair and full, preferred by email to

   accident@ramla.co.za


Should you like knowing how RAMLA works for you and/or what you should provide us with, for a free first analyses check out:

   RAMLA contact Info


What you should know - when you need to claim from your comprehensive motor insurance cover for car accident damage compensation from your own insurance - South Africa (RSA).

Car accident lawyers and professional claim managers . . .

to analyse, support and pursue your material car accident claim, effective and economical, nationwide in South Africa.

You will find a lot of useful information on the RAMLA (Road Accident Management & Legal Action) web pages.


 
                        

RAMLA offers:

Free initial claim - dispute evaluation and advise in regard to a motor insurance issue


car accident in South Africa



Free case analysis

RAMLA offers a first free analyse into the details of a particular motor car accident, in order advising what will be your position, your aspects and the recommended way forward.

After checking the brief information - we like you to supply us with via email,- in order to determine the situation, especially the question of causation, liability and subsequent responsibility for compensation under South African traffic legislation and circumstances.



In cases of a motor insurance disputes, we look onto the merits and the reasons leading to the dispute, in order to advise.

What is needed to do so and best submitted via email to ramla@ramla.co.za will be:



1. Brief information what had happened, the road situation, arguments others may utilise, your position/point of view of the matter, you look for initial advice.

2. A reference to damages and values are appreciated or one or two pictures of the damage may be submitted, so we can check about the rough damage value.

3. Probably a sketch of the scene of the accident, showing all the vehicles involved in positions - before - at impact - after impact (still stand) and further display important road marks, traffic signs, robots etc.

Kindly make sure you give us your initial briefing in your own words and don't just forward a full set of dispute information to be scrutinised, as this isn't part of the free advice offer.

Please further make sure your attaches do have a reasonable size, especially pictures, as some devices today take exorbitant and absolutely unnecessary high resolution pitures.



Contact RAMLA by following this email link   Contact      and secure a swift and free first advice, returned to you by email.



Should you want to know before you contact? Follow this link to   more info.

car accident in South Africa

      
 








Disputes with South African motor insurance companies, regarding a compensation claim, to recover motor accident damages, are common in South Africa.

Car accident in South Africa?

Lots and lots of claim disputes within the sphere of insured clients and its motor insurance company, arise on a daily basis and only a part of those insurance claim disputes are referred to the RSA ombudsman for short term insurance. But even those numbers are more than some hundred a day, according to own statements of the South African ombudsman's bureau.



So you see, you're not alone if you struggle to get along with a disputed or rejected insurance claim.





Involved in a car accident in South Africa and like to know what to do?



Involved in a car accident in South Africa and like to know what to do?
Any dispute about differences resulting out of a contractual relationship with your motor insurance company can be heard and resolved by the ombudsman for short term insurance. But only those matters that are between those both contractors, the insurance client and the insurance company can be brought before the ombudsman's office.

It is always considerable to do so, but results to your favour as you may expect, are no way granted.


OSTI - Ombudsman for short term insurance RSA

As the South African ombudsman can only deal with car insurance claims that arise out of a contractual - motor insurance policy - dispute between the insurance company and the insured and cannot deal with 3rd party insurance claims.

Due to a release from the ombudsmen's office, hundreds of claim disputes are coming in daily and times to attend an individual complaint became longer and longer. The same publication confirms that the ombudsman's office is understaffed to deal with the rising numbers of insurance claim disputes.

A noticeable number of motor insurance disputes cannot be dealt with by the ombudsman. These are the 3rd party claims where the victim claims from the perpetrator.

Any dispute that derives from a car accident claim against the liable party and/or the motor insurance company on behalf of the insured, to compensate the motor vehicle accident damages must be dealt with in the appropriate manner and according to the law applicable.

If your case will be one of those where the motor insurance company reject, deny or do not offer fair and full motor accident compensation, you should enter into a dispute resolution with the motor insurance company. But don't expect too much. It will be a hard and you need to be persistent.

This is by far not an amicable claim. Most differences with a South African motor insurance company are based on the findings of the motor insurance vehicle damage assessment. Lot of those party friendly damage assessments are not acceptable for the victim of an accident and can be caused on a number of issues dealt with in the motor vehicle damage assessment report.

If you find yourself in such a case, you should not hesitate to look for experienced support as it will be not a walk in the park to finally get the motor insurance pay what is fair and correct.

To the experience of RAMLA - Road Accident Management & Legal Action - the insurance claim negotiator or whatever the tittle will be, may be stubborn insisting on the position he is directed to follow, even if very obviously being wrong, the tactic is that you simply give up to end the saga and cut your losses.

But is that really the way to go, accepting a significant shortfall of compensation only to end the story?

You can always consider mandating RAMLA with your motor insurance claim dispute, for professional, effective and economically very favourite conditions.

Involved in a car accident in South Africa?



Involved in a car accident in South Africa?



Involved in a car accident in South Africa?



Involved in a car accident in South Africa?



Involved in a car accident in South Africa?



Involved in a car accident in South Africa?



Involved in a car accident in South Africa?



Involved in a car accident in South Africa?
If you want support to be compensated for your car accident damage RAMLA can be your one stop solution.

RAMLA means to work with experienced, specialised experts in all regards of MVA (Motor Vehicle Accident) matters, disputes in issues, defences against unreasonable or inflated claims, or recovery claims to get damages caused by another paid.

Please contact RAMLA by e-mail contact.ramla for a free initial analyse of your case.

Want to know more what will be helpful to know before you contact RAMLA (SA)


Involved in a car accident in South Africa?


You found the RAMLA web page because you were looking for some general information on how to proceed in a case of a car accident in South Africa.

You will find lots of information about it here to support your own claim perusals, or even answer questions you might have in your car accident claim.

If you want support to be compensated for car accident damages, RAMLA can be your the stop solution and take the matter forward to pursuit the claim on behalf of a client.

The RAMLA services are professional, decisive, but affordable.

We offer services in claiming damages from a 3rd party, Insurance Companies, dispute resolutions emanating in pending claim actions.

We work for the defence against claims, either from an Insurance company (recovery claim), rebut inflated or unreasonable claims,

supporting matters of review, such as the Ombudsman for short term Insurance (OSTI), and whatever is the task in any car accident compensation action.


Involved in a car accident in South Africa and like to know what to do?



Involved in a car accident in South Africa and like to know what to do?



Involved in a car accident in South Africa and like to know what to do?





Unresolved matters in a dispute with the comprehensive cover may end up at the Ombudsman's office.

The ombudsman can only attend a matter and make a decision, where there will be a dispute in matters between Insurance client and Insurer, not in 3rd party matters.

Unresolved matters in a dispute with the comprehensive insurance cover may end up at the Ombudsman's office.

The Ombudsman's task is an impartial arbitration of a dispute, between and Insurance client and the Insurer, commonly about the review of a decision, not accepted by the Insured.

In its arbitration process the Ombudsman hears both sided of the matter, check and analyse evidence brought from both parties and give all participants the chance to improve evidence, once the first exchange took place.

The manner of which the process is conducted is similar to the purpose in a court of law, but with less powers to the disposal of the Ombudsman, so they cannot hear witnesses or cannot evaluate contra orate evidence or evaluate expert reports in assessing of facts, if another contra assessment of the same professional value stand against another.

In other issues the Ombudsman can make a ruling. Such ruling will be binding for the Insurer, but not finally for the complainant. The complainant will have the opportunity to seek recourse in a court of law.

If the review of a dispute with the Ombudsman does have a certain financial value, one should not underestimate the complexity and the need of detailed argumentation and presentation of hard evidence. Someone who doesn't have sufficient experience should be well advised to make use of support offers, such that one RAMLA offers a client.

Be aware, that the Insurance Company deal with such matters on a daily basis and the dispute resolution or legal department stuffed with some knowledgeable persons, it may be better to go into such important review with the power that help succeed, such as the experience and knowledge of the RAMLA service.

RAMLA - car accident damage claim service South Africa


In a case between a comprehensive insured RAMLA client and the insurance company, such dispute of facts had been the case.

Disputes of facts:

The dispute has been, that the Insurance alleged that the insured vehicle cannot have been part of the accident the Insured claimed to be and declined a claim based on its investigation and expert assessment.

The insured subsequently appointed another qualified accident reconstruction expert and submitted the analyses and report to rebut the Insurance.

Now the issues are based on two different Expert vehicle assessments, both arguing conflicting.

The expert assessments resulted in two very different outcomes in the evaluation of circumstances.

The insurance expert denied the possibility that technically both damages could be resulted out of the one and same accident. The insurance company denied the claim on the basis of dishonesty and subsequent violation of the terms & condition.

The expert of the insured concluded, after carefully analyse the circumstances and by looking deeper into the damages, that had been hidden and covered by other parts of the car, just the opposite, and gave abundant evidence about the reasons he arrived at his conclusions, so that indeed it was technically possible to have both cars involved in the same accident and that the damages do match.

These differences in evidence create such dispute of facts, and the Ombudsman will not have the power to oversee such case as to the comment quoted below:

One of the limitations of my function as Ombudsman is that where there is a material dispute of fact between Insurer and Insured, and the validity or otherwise of the repudiation depends on whose version of the facts is correct, I have no power to hold a formal hearing, or take witnesses' evidence on oath and hear them examined and cross-examined, as happens in a Court of Law. Where there are such disputes, testing the opposing witnesses in this way, is often the only way to arrive at a proper conclusion.

In your case, there is indeed a material dispute of fact, as you will have seen from the papers, and there does not appear to be room for compromise.


End of quote.


Motor accident in South Africa?


Some of the daily contacts RAMLA get for support:

I was involved in a 3-car motor vehicle accident where the driver causing the accident did not sustain any damages and did not stop on the scene of the accident and fled not leaving her details which was recovered a week later by myself driving past the same driver & vehicle in the same road as where the accident happened.

I AM NOT INSURED !

Details of Accident :

On 12 February 2014 at 09:30 traveling south on Atlas rd, Bonaero Park, Kempton Park, I was about to cross a busy intersection, with the robot still green for me, at Geldenhuys rd, when a white female driver, on her cellphone, from the opposite direction decided to go and turn right, crossing right infront of me, I turned sharply left, to avoid hitting her, but could not turn sharp enough, hitting another vehicle stopped at the red robot about to go west accross Atlas rd.

My vehicle (2002 Mercedes ML32O) was damaged on the front and front right side. The other vehicle (a brand new Renault Sandeo) was damaged on the full right side of her car upto the right back door with estamated damages of R67,000, luckilly she has insurance.

The female driver, causing the accident, in her very new grey Mercedes 350AMG did not stop and fled the scene. Her number plate was partly taken, but was incomplete, but a week later I saw the same driver and vehicle in Atlas rd, and took her details and reported it to the SAPS Kempton Park, where I reported the accident within 24 Hours of the accident!
RAMLA - car accident damage claim service South Africa


I even followed this vehicle all the way in to Kempton CBD where it stopped at a Ferobrake business in Pretoria rd.

The SAPS supplied me with the details of the owner of this grey Mercedes.


I did call the owner, Mr. . . . . , of the grey Mercedes 350AMG, who owns a Ferobrake business in Pretoria rd, Kempton Park, but he told me to go see my lawyer as his wife was not to blame for the accident and that his car did not sustain any damage !

Witnesses : I had a passenger which is a witness.

The other vehicle had 4 occupants which all will be witness to the accident.

I have an independant witness which left his details also with me.

I took my car for a Repair Quote at a panelbeater in Spartan, Kempton Park, and I am still awaiting the quote, but he told me it would be in the region of R50,000 !

I do not have Insurance on my car and are unemployed at the moment and can not afford a lawyer.

I wanted to go to Small Claims Court, but the limit is R12,000 ?!

Can you please help me ?!

Regards,

RAMLA comment: It is not possible to utilise the small claims court, as the damage/claim value is higher than the limit. The matter must be heard in the Magistrate Court, if no other solution could be found in the pre-litigation phase


Involved in a car accident in South Africa and like to know what to do?


To whom it may concern;

I was recently involved in a car accident in a private parking lot with traffic rules such as stop signs and yield signs through out.

The Person that hit me was at fault 100% and admitted so. The vehicle i was driving is not insured. The other driver is insured and the claim has been submitted with her insurance company.

In the settlement agreement, her insurer is stipulating that she is not at fault as the accident took place in a parking and "no one has right of way in a parking area". If this were true, surely there would not be traffic signs in the parking lot.

The insurer is also claiming that I did not keep a proper lookout

" Neuhaus vs Bastion Insurance Company 1968 (1) SA 398 D AD" when their client already admitted to wrong doing and the scenario was impossible for me to have see her..

Another reference that the insurer is making is i should have taken evasive action of the approaching driver and thus i am liable for 25% of the damages based on a case

"Smith v SA Eagle Insurance Co 1986 (2) SA 314"

Considering the 25% will put me back R20,000 i feel that the insurer should unequivocally prove undue care on my part. I clearly had the right of way. I was following/observing the speed bumps and limits. their client did not observe the speed limit or the yield sign.

I look forward to your comments and recommendations.

Thank you,

A. S. W . . .

Involved in a car accident in South Africa and like to know what to do?



Involved in a car accident in South Africa and like to know what to do?



Involved in a car accident in South Africa and like to know what to do?



Involved in a car accident in South Africa and like to know what to do?



Involved in a car accident in South Africa and like to know what to do?





Dear . . . . (RAMLA),

Thank you for your response. I plan to dispute the settlement. What is your suggestion for improved evidence.

In my opinion the fact that my car suffered R80,000 worth of damage from a parking lot accident clearly implies that this was not a standard fender bender and that the impact was clearly due to above average speed for the accident area in question.

Also the point of impact on the car clearly suggests that I was mid way through the perpendicular point of the intersection where she should have been yielding to make the right turn suggesting she never even stopped.

In your opinion should I contact the person responsible and ask her to clarify to her insurance once more that she was solely responsible. At the time of the accident she stated I should let her know if I encounter any problems with the insurance company.

Please advise your fees for practical support should I require it.




Involved in a car accident in South Africa and like to know what to do?


Good Day

I drive a 1991 Mazda Mx5. It is insured.

I was involved in an accident that was not my fault (this is clearly stated in the accident report by the other driver).

Unfortunately my insurance company wants to scrap my car as the damages exceed more than 70% of my vehicles value. This is largely due to my car being a classic and parts are expensive bearing in mind that the only parts that needs to be replaced is a door and a fender.

My insurance company advised me that the only option I have to avoid my vehicle becoming a code 3 is to withdraw the claim from them and sue the insurance company of the driver that caused the accident.

Is this a good idea?

What steps need to be taken and how long will it take?

Any input will be greatly appreciated

Kind regards

Meiring P . . . .


Involved in a car accident in South Africa and like to know what to do?


Good day,

Please advise if you can assist me in a small matter and the possible cost involved.


I was involved in a car accident in Boksburg which was entirely the other person's fault.

I was stationary at the traffic lights and the other car rear-ended my car causing the bumper of my car to be damaged. I reported to the police and my insurance.

My insurance assessed the damage but I declined to claim from my insurance as the amount (about R2600.00) was almost the same as my excess (R2000.00).

I then claimed from the other party as per the attached email. The other party said their insurance told them that I must claim from them (insurance company, Outsurance). I then duly completed their claim forms and submitted to Outsurance. I then heard nothing from Outsurance and my follow-up request was ignored, with not even an acknowledgment of receipt.

I live in Howick, Kwazulu-Natal, and I do not think it will be feasible for me to pursue this in the small claims court in Boksburg. I therefore request further advice from yourselves.

Sorry, Outlook does not seem to allow me to attach another email so I will forward the other email to you directly after sending this.

Thanking you

Kind regards

Douglas B . . .

Involved in a car accident in South Africa and like to know what to do?



Involved in a car accident in South Africa and like to know what to do?



Involved in a car accident in South Africa and like to know what to do?



Involved in a car accident in South Africa and like to know what to do?



Involved in a car accident in South Africa and like to know what to do?



Involved in a car accident in South Africa and like to know what to do?



Involved in a car accident in South Africa and like to know what to do?



Involved in a car accident in South Africa and like to know what to do?


Hi ......,

Thanks for your prompt reply.

What happened is that at the intersection I got in front of the truck driver from the lane on his left, which was a lane that was turning to join the other road. He seemed to not have appreciated that. As I was moving forward, now fully in front of him, he accelerated and I thought he was going to stop but he didn't. He hit my car so hard at the back, it was thrown forward a few meters. When I asked him why did he hit my car, he said I came from a side he did not expect and he did not see my car. He then said that I'm in the wrong and I don't have a case against him, we will meet in court. His actions came across as very deliberate, in fact.

There was not much damage with his truck but a lot with my car. I have attached pictures of the damage and I'm still going to get a quotation for the cost of fixing the damages.

Interestingly, after the accident nobody came to be part of the unfolding discussions between myself and the driver of the truck. He had a passenger in his truck, who also did not come out. He remains the only witness, obviously biased, of the accident.

I have not approached the company yet, since this happened this past Friday, late afternoon. I also wanted to make sure that I have the right support before approaching them. I'll only know about their insurance after approaching them, and only if they are willing to report it them.

The damage is at the back and side of my car, as per attached pictures.

I took all the details I could of the driver and the truck and went straightaway to report it to the police. I have a case number.

Please let me know what assistance do you offer and what are your requirements.

Best regards,


Car accident in South Africa?




Dear ......,

Thank you for your response.


I plan to dispute the settlement. What is your suggestion for improved evidence? In my opinion the fact that my car suffered R 80,000 worth of damage from a parking lot accident clearly implies that this was not a standard fender bender and that the impact was clearly due to above average speed for the accident area in question.

Also the point of impact on the car clearly suggests that I was mid-way through the perpendicular point of the intersection where she should have been yielding to make the right turn suggesting she never even stopped.

In your opinion should I contact the person responsible and ask her to clarify to her insurance once more that she was solely responsible. At the time of the accident she stated I should let her know if I encounter any problems with the insurance company.

Please advise your fees for practical support should I require it.


Involved in a car accident in South Africa and like to know what to do?




Hello

I am waiting for a response from Renasa. I spoke to claims clerk this morning. I told her that I want my car back. I'll find the money to do it myself. I can't be paying insurance and still end up being the loser here.

Regards

Elvin


Involved in a car accident in South Africa and like to know what to do?




Good day,

I was in an accident a year ago, the guy didn't have insurance so we had an agreement for him to pay my access which he did.

Now my insurance is suing him on my behalf for the money they paid to pay for the damage. Does the insurance have a right to sue on my behalf without me giving them permission? Will the insurance company sue me if I consent for rescission of judgement against the guy?



Involved in a car accident in South Africa and like to know what to do?



Involved in a car accident in South Africa and like to know what to do?
My mom was involved in an accident on Tuesday 5th March 2014 with a police vehicle.

The officer driving the vehicle has admitted to it being his fault, he was speeding and lost control of his vehicle and skidded across the lane into oncoming traffic and hit her head on.

The towing service that towed the vehicle will not release the vehicle until we pay the towing fee as well as storage fee amounting to R7000.

Would the police not be liable for damages and as well for the towing and storage fee for her vehicle?

Please could you kindly advise on what we should do.

Regards,

Muneeb


Involved in a car accident in South Africa and like to know what to do?




Hi .......

Thank you for getting back to me so quickly.

Yes unfortunately I signed the document on behalf of my mom. I know this was probably a stupid thing to do and only learnt from it after.

I understand that this will not be quick and easy as this is the government we dealing with.

Would we have a case as the towing company will be adding storage fees daily and don't see why my mom would need to fit the bill as the police officer was speeding and careless on a wet road.

I have attached pics from the scene, just in case.

Do you think we might stand a chance with getting them to pay for damaged and the towing fee as the car is a write off or will we just be wasting our time?

Regards,


Involved in a car accident in South Africa and like to know what to do?




Thank you for your prompt response!

To Whom It May Concern

I came across your website on the internet.

I have a vehicle that was involved in an accident in January this year. The panel shop carried out an assessment and sent it through to the insurance company.

The insurance assessor removed most items from the list of damage stating that this was due to old damage and not the accident. I asked that a second assessment be carried out as the old damage was in dispute (diesel tanks etc were damaged in the accident but was removed from the list as it was considered to be old damage)

The insurance company handed the matter over to attorneys who then appointed a second assessor to view the damages. The second assessor now has reduced the claim even further (by 50%) and has even removed items that was agreed upon during the first assessment but included things such as the diesel tanks. I have responded by stating that I am not happy with the second assessment and am now awaiting a response from the insurance.

Will RAMLA be able to assist me with this matter should the dispute not be resolved? Also the vehicle in question is a commercial vehicle that I use to run a small business. The matter has been dragging on for almost two months now and I have subsequently lost out on revenue.

Please advise on the cost involved should RAMLA be willing to assist me.

Regards,

Neresh


Involved in a car accident in South Africa and like to know what to do?




Hi My wife was involved in an accident on 27 March 2014. No one was hurt.

I have attached the assessors report as well as a diagram of accident.

I am insured with Outsurance, Vehicle is a 2013 Chev Trailblazer LTZ 4x4 auto with less than 13000km on the clock. Only 9-10 months old.

Driver B as in diagram was in the wrong as he jumped a stop street.

Now, I'm waiting on the panelbeaters to come back to me on part availablility.

What leaves a sour taste in my mouth is that vehicle has R64000 worth of damages.

This will surely affect trade in ? and I don't see this vehicle being as safe as it was 2 weeks ago.

Structurally it will never be the same car it was when it left the factory.

With 3 kids this makes me very upset as if another car just decides to drive into the same side of my car I wouldn't know what to expect.

Is there anything else I can do wrt my claim?

I just want to be sure I've covered all bases.

Thank you for this brilliant service you giving the public.





Involved in a car accident in South Africa and like to know what to do?



car accident in South Africa



Challenging a decline for alleged drunk driving is rather the exemption as the norm

RAMLA do get a lot of inquiries about the proof and evidence needed to sustain an alleged drunk driving, and subsequent decline of insurance cover.

However it must be frankly admitted, that even after years not one, to our knowledge or with our assistance, has taken up the challenge against the Insurer, despite no breath or blood test done, to have a hard proof of intoxication.

It may indicate, that in most of those cases, the suspected liquor consume may be correct and the pressure of the moment only drives the insured party to oppose loudly any allegations.

As far one can find on this web pages, RAMLA is rather critical than friendly to South African motor insurance claim decisions, but in terms of drunk driving, we do feel that it may be more correct as not to decline a claim and leave it the Insured to oppose the decline.

If there has actually been no such substance abuse, while driving a car in public traffic, it should be no problem to take on a decline and get it overturned.

A challenge is always possible, but a challenger must know that the parties may testify in a court of law, under oath commonly, which can weaken someone's testimony, if not indeed the truth and therefore no uncertainty can come along, at all.





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Support in pursuit of Motor Vehicle Accident damage compensation

RAMLA (Road Accident Management & Legal Action) is one of the most experienced experts in pursuing MVA - motor vehicle accident - claims, disputes, defences or reviews.

The specialised expert team concentrates in solutions of car accident damage matters; predominantly in pre-litigation (all before a court of law cannot be avoided to have the final say).



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Acting from a central office, but offering services nationwide, enables RAMLA to provide expertise and competence to very affordable fees to clients, in order to get disputes solved, between the parties directly, in regard to motor insurance matters, disputes out of comprehensive insured matters or so called 3rd party claims.

RAMLA defend clients against unreasonable or inflated claims, in actions to establish defence against a summons or motor insurance recovery claims, where the insurance paid the insured, but as the insured allegedly hasn't been liable, in actions to recover expenditure, from the other party.




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.


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Facing challenges with motor car accident issues in South Africa?

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in all sectors of vehicle accident damage compensation problems.

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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.


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Facing challenges with motor car accident issues in South Africa?

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in all sectors of vehicle accident damage compensation problems.

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Support in pursuit of Motor Vehicle Accident damage compensation

RAMLA (Road Accident Management & Legal Action) is one of the most experienced experts in pursuing MVA - motor vehicle accident - claims, disputes, defences or reviews.

The specialised expert team concentrates in solutions of car accident damage matters; predominantly in pre-litigation (all before a court of law cannot be avoided to have the final say).



car accident in South Africa
Acting from a central office, but offering services nationwide, enables RAMLA to provide expertise and competence to very affordable fees to clients, in order to get disputes solved, between the parties directly, in regard to motor insurance matters, disputes out of comprehensive insured matters or so called 3rd party claims.

RAMLA defend clients against unreasonable or inflated claims, in actions to establish defence against a summons or motor insurance recovery claims, where the insurance paid the insured, but as the insured allegedly hasn't been liable, in actions to recover expenditure, from the other party.




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.


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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.

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   Your specialised legal expert to sort out MVA matters

                  Professional - competent - swift - decisive and affordable




Road Accident Management & Legal Action
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The first stop solution for any MVA problem


Motor insurance claim decline - the process of challenging it - for a better outcome and a pay!





Motor insurance accident compensation claims to recover material damage, in regard to your comprehensive cover with one of the South African motor insurance companies.

Motor Insurance claim declines based on various reasons, revoke of cover, shortfalling settlement

We are dealing with your rights and obligations, risks and benefits, if it comes to a claim for MVA damage compensation, directed to your own insurance company, launching a claim against your comprehensive motor insurance cover.

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Claiming from a South African motor insurance company is not always smooth sailing. The worst case will be a declined or rejected claim, if you need it most.

If you need support, RAMLA can help you to take the matter forward, even in declined motor insurance claim matters.

In the first place, talking about comprehensive motor insurance cover, one need to understand that the main source of guiding the relationship between you, the insured and the company, is the policy and the terms & conditions, of your insurance contract.

In a case of a claim, you the insured hope and trust on the backing and pay-out, for what one believe the risk is covered under the policy. Right here differences may be found, if you don't know exactly what you are covered for and how a claim will be handled, in case of determination for acceptance or rejection of a claim.



    Go directly to Headlines   page index selection          RAMLA service in South Africa



You will find it easy to deal with your insurance company, if you are classified as a "good risk". This means you will be a client for a certain time already and always paid your premiums to date, but more importantly, you did not claim.

Such good risk, all companies are looking for and in order to keep this type of clients happy, they will probably be generous and quick, if unfortunately one must claim against the policy, once in a while.





RAMLA - Road Accident Management & Legal Action



car accident in South Africa

Get a unbiased and intially free reply to your inquiry where you are and what is the way forward - free of charge - just to enhance confidence trusting RAMLA expertise, before you mandate us.

if you want be paid compensation for yor car accident damages or in a need to defend you against unreasonalbe or inflated claims,

Contact us NOW

RAMLA is a specialist in motor accident damage recovery claims. Our team can help you through the process and minimise trouble affecting you in a claim.


An insured motorist may face difficulties, if in need to claim more often. Such claimant must be aware to be scrutinised more in particular, according the policy terms of the policy and circumstances of the car accident.

This will especially be expectable, if one just concluded the contract and soon thereafter need to claim, or the traffic accident happen at night time, or other suspicious aspects appear.

Another frequent issue having the insurers alarm bells ringing, will be, if the car has been driven by someone else as the so called "regular driver", nominated driver or named in the policy (another than the one listed to drive the vehicle overwhelmingly) and/or if the accident happened in an area far away from the insured risk area, combined with another driver as the regular one.

Those scenarios will almost certain trigger Investigations.

Other minor incidents has been utilised for declining a legitimate claim, such as alleged unlawful leaving the scene of the accident or not obeying the rules and traffic regulation, violation of the Insurance policy or terms & conditions.

It must however be emphasised that a decline of cover can only be uphold successfully, if the insured or the permitted driver has been behaved recklessness. Only just making a mistake, don't be concentrated or properly focussed on driving, which may be classified as driving negligence in public traffic cannot be utilised successful for an insurance claim decline.

But, it can indeed be a challenge to get through to the decider and convince him/her, reversing the wrong decision. The "might" of the Insurance apparatus and the experience of handling, declining claims, are to the Insurers advantage, by far.

Once in a conflict with your own insurance company, strange circumstances can develop. Based on a number of factors, such as breach of the terms (which can entail a variety of arguments), or findings by the assessor or investigator, in pursuing the work to analyse the case circumstances, probabilities and the damage, can lead to a conflict, which needed to be sorted out, by supplying proper facts, rebutting any such allegations.



RAMLA is a specialised legal 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      car accident in South Africa


If not successful, there is commonly the possibility of a dispute resolution department or person, within the Insurers Organisation, that can be approached to review matters.

Should that even fail, the way to the Ombudsman for short term Insurance (OSTI) can be taken. If that even fails, the reasons must be analysed in detail and if found all those declines aren't coherent with other evidence or just applied from not acceptable allegations, the matter can still go to a court of law.

It becomes even more common, that motor insurances don't just analyse the damages by assessment, but engage an investigator to check out backgrounds, witnesses etc. finding some reasons to argue or decline a claim, if some indicators suggest so.

But it must be pointed out that by far not all investigation results are credible and made in a forensic or investigative acceptable manner. Once getting into the details of such investigations, it may be found that they just lack credibility, and should be challenged.



RAMLA - car accident damage claim service South Africa


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.

Know more how to contact RAMLA, in what way best to do and what we need knowing to reply
car accident in South Africa   Your specialised expert to sort out MVA matters

                  Professional - competent - swift - decisive and affordable






What you should know and better not miss out to do, when dealing with your insurance company and maintaining your policy duties.

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We listed some information, which will help you to understand your obligations and rights in terms of your motor insurance policy or contract and what at least to do, when you are involved in a vehicle accident.

Find and select information's to the topics of:

   1. Interaction with Insurances in regard to comprehensive cover



   2. Getting your comprehensive insurance claim started

2.1. Open a claim with your insurance

2.2. Dealing with the claim in the process of approval

 

   3. Disputes in the process of an insurance claim

3.1. Apportionment of liability - shortfall of compensation

3.2. Problems resulting out of insurance damage assessments

  

   4. Rejected, denied or declined Motor Insurance claims

Your car insurance company reject a claim based on breach of terms.

4.1. If your premiums are not paid up, it will hamper your cover

4.2. You haven't disclosed relevant information when concluding the contract

4.3. Missed updating policy details as to define the regular driver or relocation

4.4. Driving a not roadworthy vehicle

4.5. You are accused of driving under alcohol or drugs

4.6. Texting or telephoning while driving

4.7. Breach of the rules of the road

4.8. Not taking reasonable precaution

4.9. Drunk driving, driving without licence, or severe overload

4.10. Decline in regard of the regular driver or change of permanent area of use

   

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(5) Your obligations in relations with your motor insurance policy

5.1.    Your premiums must be paid up.

5.2.    You must report a claim even if you don't intend to utilise the cover

5.3.    Furnishing the insurance with all requested or relevant information

5.4.    Honesty and compliance with your T & C is important

    

Ombudsman rulings and comments on several insurance disputes

6.1.    How to work with the OSTI and how register a claim

6.2.    How to argue in a OSTI case for review

6.3.    Who can approach the Ombudsaman for case review

6.4.    Claim rejected as to negligent driving

6.5.    Reasonable precaution is an obligation but not always reason for decline

6.6.    Can bad Tyre's be a reason for rejecting a claim

6.7.    Speeding as cause for the accident

     

General issues to prepare and finaliese an insurance claim

7.1.    Gathering full and correct information to document your matter

7.2.    Track and trace a driver not disclosing the details

7.3.    Conclude settlement with the insurance company

7.4.    Do I need an attorney or an MVA expert to fight the insurance

Headlines and Issues on this page


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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.


  RAMLA will be your one-stop car accident claim service in South Africa

       motor car accident damage claim is complex             

When you need claim support for car accident damage compensation, in South Africa you are on the right web page.


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.


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?


car accident in South Africa

email us your story and details to ramla@ramla.co.za for a free first analyse and advice.

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.





more about ......

Car accident claims for material damage, in regard to your comprehensive South African motor insurance cover; what you should do and what you better not miss out to do.

   2. Getting your comprehensive insurance claim started

2.1. Open or not open a claim with your insurance

2.1.1. Open and report a claim with your insurance

2.1.2. Attention when reporting the details of the accident for a claim

2.2. Dealing with the claim in the process of approval



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2.1 You are involved in a traffic accident in South Africa and like to make a decision, whether or not to report your motor insurance claim, to your insurance company, you should understand some things:

in short to say, always report any incident, that can lead to a claim against your insurance cover, immediately, even if you made arrangements with all the parties involved. Any party can change mind!

Motorists who are involved in a vehicle accident often have questions about whether or not they should file a claim with their motor insurance company and when to file the claim. If you have been involved in a motor car accident, you may not want to put in a claim to your insurer, because you suspect that your insurance premiums will go up in future.

You should think twice when you decide not to report or file a claim with your insurance, despite the fear of rates increases, as unexpected consequences coming later, might be detrimental to you.

Just reporting a claim, or inform your insurance company, that a car accident happened, does not mean, you make a claim for a pay-out at the same time. If you decide not to claim for a pay now and let your insurance company know, you're dealing with the claim, without them initially involved, you are safe in a case if matters escalate later as you cannot come to terms with the other party.

Not coming to terms with the other party can trigger a claim against your policy, some time later and if you haven't informed your insurance company of the possibility a claim may or may not come, it is expectable you don't have insurance cover for this particular case.



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An insured motorist should understand the terms and condition and act accordingly to all you have accepted, but on the other hand even force the insurer to be awarded all you are covered for, once you need to claim.

When been involved in a motor accident, it's critical to know what your insurance policy requires you to do, because it could make it easier for you to decide whether or not to file a claim. The policy already might require you to report or file a claim at all, regardless if you consider not doing it now.

Most car insurance policies explicit require you to notify your motor insurance company of any "occurrence" or "event," like an accident, that might lead to a claim being made under your motor insurance policy, whenever there is any possibility that you, or someone else could ask for compensation from the insurance company, you have to notify them in time.

Lots of insurance companies require you to notify them in a specific manner, which is stated in the insurance policy or as required by state law, probably by calling a specific telephone number or you may be required to give the insurance company a written notice of the accident, may be even on a particular form. Time limits for giving such notice and the form will be defined in your insurance contract.

You may face problems, if you don't file a claim or give such notice to your insurance company. The worst problem you may find is that the insurance company cancels your policy, because you didn't do what you accepted with the terms and condition. Remember, an insurance policy is a contract, and if you don't do what you have agreed to do, you violate or "breach" the contract, which may allow the insurance company to deny your claim or cancel your policy.

If you do not report any such accident, it can lead the insurer to reject the damage claim at a later stage.



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(2) Getting your comprehensive insurance claim started make sure all will be correct reported

Open a claim with your insurance

Just after or even at the scene of the accident, you will or should contact your insurance company, to inform them that you might need to open a claim under your comprehensive cover.

Some motor insurance companies even offering some support you may need, just after the auto accident happened, i.e. a trustworthy and insurance approved towing service. You should just know which way to contact your insurance company or broker, before you drive off, as a car accident can catch you always and certainly unexpectedly.

After you contacted your insurance company, you should get a reference no your claim will be registered under. This reference number will always be helpful, if you or another one on your behalf, need to get in touch with your insurance.

As a general rule, you should not act and agree for services rendered at the place of the accident, without knowing the conditions. This is especially important, if any road assistance or towing will be needed, which may sometimes be offered, quicker as the ambulance will be there.

Be careful, as some of those service providers take chances, trying to overcharge for towing and very often for storage costs. Most motor insurance companies don't pay all of those costs, if they didn't select or approve the provider.

Be especially alerted, if your car is in danger to be classified as "write off" and not movable without assistance. Don't let the vehicle on any towing yard or other place of storage coming with costs, longer as the shortest possible time.

Insurances regularly only cover such costs, if so at all, unless damages are assessed. Should you just let the car unattended, you may face inappropriate high bills and a refusal to release the vehicle, before not all is settled.

As observed too many times, some "storage" facilities charge fees comparable to Airport parking rates, which is absolutely unacceptable. Should you just learned about those detrimental possibilities, act immediately.

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What must be attended by or known when reporting the details of the accident for a claim

The content of the details reported for a perusal of a claim can be crucial in the process.

A claim report should be made after having thought through all the details needed to be taken into account and the one reporting the claim, probably initially over the phone (which will be recorded) or in a written statement must know, that those information are tested against the honesty clause in the terms & conditions of the policy.

In a telephonic report, which as mentioned always will be recorded, the person questioning have a trained skill of asking questions, in order to draft the data for further evaluation.

Any sort of inconsistence with issues or circumstances probably found in a later investigation, can easily lead to a claim decline on the basis of dishonesty, even if there has been no awareness or intend to do so by the insured reporting.

Once on record and proven inconsistencies are found or at least attempted to proof being of such nature, will most commonly lead to a repudiation and can even lead to the cancellation of the motor insurance policy.

The reports, either telephonically or written, will even be tested against other types of obligations an insured is obliged to adhere to, such as breaking the rules of the road, not be vigilant enough to protect against loss of property as other factors that may play a role.

If the information supplied isn't congruent and logical in itself, some problems may be in the forecast.





RAMLA - Road Accident Management & Legal Action



car accident in South Africa

Get a unbiased and intially free reply to your inquiry where you are and what is the way forward - free of charge - just to enhance confidence trusting RAMLA expertise, before you mandate us.

if you want be paid compensation for yor car accident damages or in a need to defend you against unreasonalbe or inflated claims,

Contact us NOW

RAMLA is a specialist in motor accident damage recovery claims. Our team can help you through the process and minimise trouble affecting you in a claim.



Dealing with the claim in the process of approval

Once you reported your claim to your insurance, in the manner your T & C may require, you want to get your damages settled as fair and quick as possible.

You will be required to supply certain documents, enabling your insurance claim adjuster to have a clear picture of your case.

Most often it consist out of: your own draft accident report, a copy of the police report, your car - registration - document (not the licence) a copy of your driver's licence the damage assessment or quote and most often a sketch showing the causes and movements of the accident.

Certainly all insurance companies can have different requirements, and you need to meet those best you can.

The insurance adjuster will now check the matter and take measures to examine what they deem fit. It can be that they reach out for legal advice, from its departments or external legal advisers.

In cases where the damages will reach a certain amount (depending of the sole discretion of your insurance company) they will order a damage assessment, carried out by one of the assessors/adjustors they work with.

The results of those examinations will have a major impact, on how any settlement offer may look like. So for you, it is important to know what is going on and best be on site during such assessment.

Kindly note that one of the tasks of an insurance assessor is, to downscale damages as good as ever possible and don't expect it as certain you will get an independent and fair calculation.

Most insurance companies only pay for storage cost until the date of the assessment. So if your car will be stored at a place that charges for the parking, make sure you move it or make arrangements with either the storage company or your insurance. Missing out, it can become costly and even cause a fight with the storing company before they release the vehicle, if not paid up what they will charge you.

All together, the process of an insurance claim, will take some time, and you shouldn't expect a settlement just after some days.



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RAMLA - Road Accident Management & Legal Action



car accident in South Africa

Get a unbiased and intially free reply to your inquiry where you are and what is the way forward - free of charge - just to enhance confidence trusting RAMLA expertise, before you mandate us.

if you want be paid compensation for yor car accident damages or in a need to defend you against unreasonalbe or inflated claims,

Contact us NOW

RAMLA is a specialist in motor accident damage recovery claims. Our team can help you through the process and minimise trouble affecting you in a claim.



(3) Disputes in the process of an insurance claim

3.1. Apportionment of liability may very well cause a shortfall in compensation

3.2. Problems resulting out of insurance damage assessments

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3.1.   Apportionment of liability and damages leading to pay partly for

          other peoples damages




What does it mean - Apportionment of Liability - and what will be the effect to your pay out?

Apportionment will be needed to understand as a part of liability caused by contributable negligence, that will be blamed on more than just one party, causing a traffic accident. In short, more than one party is at fault out of whatever reasons.

But, and this is a warning, car accident in South Africa our motor insurance claim adjusters, by far too often and wrong apply apportioning, in order to drop down pay-out. It is therefore important knowing if any such apportioning is fair and applicable, which isn't always easy.

In terms of compensation for damages, this apportioning the settlement contribution, will result for the parties found causal for the accident at all to a financial contribution for all the damages add togeher and thereafter apportioned to the percentage of liability alledged.

In a case, just two parties are involved in the road accident; both parties have to pay a certain amount of the combined damages of both participants, to the determined percentage of contribution.

The determination of the percentage however can be viewed from different angles and as most of those decisions are made by insurance claim admins, such must not always reflect the very truth, as commonly they are looked on one sided. Only a determination of a court of law, will look on both sides equally and its decision may be fair and needed acceptance.

As an example for partly liability:

Car A in front of B is intended to make a U turn on a road marked with a red or white solid line (not allowed to cross) between the two directions of the road, with a speed limit of 60 km/h.

In this example the road have two lanes in both directions and both vehicles drove on the right lane in the same direction. The driver of car A, driving in front of B, attempted to turn left and thereby clearly violates the rules of the road. Turning isn't allowed right here, but nevertheless he did it without hitting anyone else and did have observed the opposite traffic before, showing a safe possibility to turn, despite prohibited to do so.

Car B follows A, haven't observed the traffic sufficiently and/or not maintain a proper safety distance, bumped into car A and caused damages to both vehicles, without applying evasive measures avoiding the impact.

Despite the clear failure of A to turn inappropriate, B isn't just allowed to bump into A. In this case B should have taken evasive measurers, such as breaking and come to a still stand before impact or even just swerve to the other lane, which had been free of traffic, bypass the obstacle to the time of impact.

The fact that B didn't avoid the accident, despite there had been possibilities not but bumping into A, makes the driver B the more liable party. The mistake of A to turn where it's not allowed makes driver A even partly liable.

But what needs to be addressed clearly, that B wouldn't be partly liable, have he had made such evasive attempts to the best he could and despite such not been able to avoid the collision, driver B may not at all be partly liable, as following all obligations in traffic legislation, being aware of danger doing the best possible under the circumstances, to avoid a collision.

What may be drawn from that is, that liability and non-liability can be very close to each other and only some, but important differences will distinguish liability or participants.

The determination of the part or percentage of liability is always an individual matter. Motor insurance companies tend to blame the other party, being partly liable easily.

But those decisions can be one sided and not necessarily definite a partly liability correct.

Motor insurance claim admins, do have an arsenal of prepared statements, drawn from legal cases in the past, citing them as to be appropriate in comparison to this particular car accident, stating that those give them the right to blame and determine the extend of liability of a party, in regard to the precedent.

But there is nearly no traffic collision just as another and even the judges/magistrates accepts, that any case will be different and precedent's just serve for the nature and not the circumstances and should the Insurer ignore those fundamentals, such argumentation must be challenged.



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Problems resulting out of insurance damage assessments

The calculation or assessment of damages resulting out of a traffic accident is a central matter, next to the question of liability.

As we are focusing dealing with comprehensive motor insurance cover and challenges on the way to settlement here, we do mean the assessment results, a motor car damage assessor, in mandate of the insurance company comes out with.

The aim of an assessment of car accident dmages should be, that the insurance client will be compensated full and fair, to repair or replace the damaged vehicle.

Unfortunately this cannot be seen or taken as guaranteed. Certainly not all calculations made under the supervision of the insurance company must be subject to criticisms. But unfortunately it happens more than just sometimes that there is a need dealing with a bad, wrong or biased damage assessment. Many reasons can be possible for such outcome. There are i.e. bonuses schemes that award those who have a smaller pay-out per claim as others, or someone suspect in any claim fraud against the Insurer, caused by clients or claimants inflating claims to make a fortune. Others try hard to apply terms and conditions to decline claims, often on reasons not even having a connecting relation to the accident at all.

The problems can be:

Wrong calculations as to lack of professionalism and knowledge.

Assessments in favour of a party (in this case the insurance company) detrimental to the insured.

Wrong assumptions on crucial issues or circumstances.

Wrong classification of vehicle damages when called a "write off" or beyond repair and totalled, without proper backing of facts and values.

Other problems can arise out of interviews with the assessor, or assumptions made on influential factors, being said causing the accident, i.e. assumed non roadworthiness of the vehicle, tyres not having the prescribed profile anymore, alleged drunk driving and a lot of more things.

Remember that all those allegations can, but certainly must not be true and if true it must be backed by proof to have a valid impact. Without proof allegations are of little value and should be rebutted and not accepted.

RAMLA as a specialist in motor car accident damage matters, can support someone in need charging just reasonable fees.



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car accident in South Africa

Get a unbiased and intially free reply to your inquiry where you are and what is the way forward - free of charge - just to enhance confidence trusting RAMLA expertise, before you mandate us.

if you want be paid compensation for yor car accident damages or in a need to defend you against unreasonalbe or inflated claims,

Contact us NOW

RAMLA is a specialist in motor accident damage recovery claims. Our team can help you through the process and minimise trouble affecting you in a claim.


(4) Rejected Insurance claims out of various reasons:
4.1. If your premiums are not paid up, it will hamper your cover

4.2. You haven't disclosed relevant information when concluding the contract

4.3. Missed updating policy details as to define the regular driver or relocation

4.4. Driving a not roadworthy vehicle

4.5. You are accused of driving under alcohol or drugs

4.6. Texting or telephoning while driving

4.7. Breach of the rules of the road

4.8. Not taking reasonable precaution

4.9. Drunk driving, driving without licence, or severe overload

4.10. Decline in regard of the regular driver or change of permanent area of use

Your car insurance company reject a claim based on your comprehensive motor insurance cover on reasons of:

What to do if my own motor insurance company - comprehensive motor insurance cover - disappoints me with the settlement, or completely repudiate my claim, and I do not accept the arguments they come forward with.

When you make use of your comprehensive motor insurance cover, to solve the bitter results of car accident damages, you may even not be the liable party, caused the road accident crash, but you are looking for an amicable solution and settlement. This is why you take motor insurance cover.

Unfortunately there can be a variety of reasons that lead the motor insurance company to reject, deny, or decline your claim. Breach of your terms and conditions are most commonly seen as the main reasons utilised to reject a claim.

We need to repeat, that insured motorists classified as "bad insurance risk" - people needed to claim either early after the conclusion of the contract or need to put in a claim more often than expected, must brace themselves for problems. Just having one claim in a long term period and have paid up your premiums, will give you a more amicable solution.



Obstacles to overcome in a claim denial can be you are accused of:


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4.1. Your premiums are not paid up.

Premiums for motor insurance cover must be paid up, to have a valid cover.

If one don't pay the premiums, even within a period of grace, your motor insurance will rightfully not cover or entertain any claim occurred in a period of outstanding payments.

It is up to you to organise any reinstatement of your cover with your insurance, best before you are on the road, if you like relying on cover. Make sure you do know all the conditions to be met, if a reinstatement takes place.

First premiums for a new policy cover, or cover after changing the Insurer, not paid before the car is on the road, may very certainly give some problems to get a claim attended or paid, if the premium isn't paid, but the nightmare happened.

Everybody should be cautious and sceptical if there is an announcement, you are covered now - and you haven't paid. One better only drive off the show floor, if there is evidence that a cover is in place, even without at least the first instalment paid.

Such similar risks can easily occur when an Insurer will be changed. To be particularly conscientious of that risk, will be the best protection and rather pay first and drive thereafter.

However if such scenario happens, that there is ascertained that cover is given, but the first pay not in the Insurers account, there are possibilities to force compensation pay-out, but will depend on particular and individual circumstances.

If there are challenges over a longer period of time, paying the insurance premiums in time, it may be an option to cancel the cover rather earlier and drive very restrictive, having the best control over the vehicle possible, and if there is an opportunity take the premiums not paid for cover and put it in a savings account, so you do have something if a risk can't be avoided.

It is actually a good way to go and save those premiums and drive cautiously. That can give a carefully driving motorist some extra retirement funds, but affords strict adherence to pay into the savings account, at least unless a substantial amount will be reached, that will cover a conventional accident damage claim.

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4.2. Alledged you haven't disclosed relevant information or not been completely honest, when concluding the contract or reporting a claim.

As you know your relation to your insurance is contractual. That means both parties need to abide to the rules, laid out in the policy and its attachments etc.

A central obligation can be, to update your insurer about certain factors, you may find negligible and therefore, you didn't do so, as it is your duty.

Those are commonly: Regular driver, risk area, and coverage of the car during day or night. Those issues are frequently the matter of investigation and if not properly updated may cause some trouble, if car accident damage need to be compensated.

Violating your duties, it is an easy point for your insurer to scrutinise and find arguments, if they want to give you a hard time, or even entitle them eventually to reject your claim, rightfully but not fair, at least from your point of view.

A number of those declines can be challenged in a dispute resolution process with the insurer and further reviewed in and Ombudsman approach, if the matter in question is based on comprehensive cover.

However experience tell, that just repeating the arguments of the past, is most commonly not good enough to get a decline exchanged against a pay-out.

A complainant should really know what is fact and what is fiction, as they deal with people don't do anything else as dealing with MVA - Motor Vehicle Accident claims, on a daily bases. Getting some experienced support in time, can be of huge benefit and can alter the outcome of a dispute review, getting an advanced financial recuperation. You can check out RAMLA, to help with or pursuit your matter.

It is further very important, that you can proof you updated any data that may be required. RAMLA dealt with a number of cases where the client insists to have updated the circumstances, but the insurance denied to ever receiving the relevant information.

The reason for your insurer, to have actual knowledge of any such changes required to update, is to enable them to calculate the risk on the true and actual circumstances.

I.e let's say, your car is now relocated to another city or province, where the insurance determine other rates apply, they will probably succeed against any complaint, even before the ombudsman, if indeed the change of the risk profile would have created a higher risk and therefore entitle them for higher premiums.



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4.3. Missed updating your policy details as to define the regular driver or relocation, change of the risk area the car is regularly driven.

Motor insurance companies commonly requires specified changes in the personal environment to be updated to the policy, as they claim those factors may have influence on the risk and premiums accordingly. The argument is low risk, low premium, and high risk higher premiums.

What however is observed in regard of the above, that those obligations, sometimes rather neglected by the insured, being used to decline a claim, in which suspicious circumstances may have been detected, if no better arguments for repudiation can be found.

As an example: most insured are obliged to update the policy if they have defaulted on debt, even given the premiums always been paid in time. The default does not have any effect on the policy, as long the premiums are paid in time, but can and had been utilised to decline a claim, once it could be established that a financial default has been detected.

Why is "regular driver" and "nominated driver" important for car the motor car insurance?

One part in the terms and conditions of motor vehicle insurance policies, commonly stipulates who is the "regular driver" or a "nominated driver", meaning drivers that are legitimate to utilise the insured motor car and been covered for risks being the overwhelmingly most common driver.

Not jeopardy problems or even give the insurer the chance to reject a claim on this reason, in a case to claim for motor accident damage compensation, it is important that the insured correctly identify and disclose the regular driver. In cases where more than one person will drive a motor vehicle regularly, they should all be registered with the policy.

It won't help an insured to pay the premiums, if there is no certainty that in case of a claim, it will not be rejected on technical terms, even if a full and truthful declaration of the regular user may increase the monthly instalment.

On the other hand, a car owner will be entitled to allow others, not frequently driving the car, to drive it, here and there for whatever purpose, as long they are proper licenced. Those drivers are regularly covered under the policy, if unexpectedly an accident occurs in such time the vehicle is given to a third person.

However, if a vehicle is given to another, not registered as the regular driver, for permanent or overwhelming use, this will be against the policy and the idea of insurance cover, as to calculate risk to the profile of the driver, - age, experience, personal effects etc. -, and the risk emanating from the type of a vehicle, such as value. It is most evident that i.e. a Ferrari will be more expensive as a VW, so premiums will be higher. Sports cars or tuned editions of types may indicate a more risky driving attitude as a good old family van.

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Taking on the policy, everybody will be questioned about the regular driver and notified about the importance to update, to have a valid cover.

If i.e. an insured do have several or more than one car insured for him/her as the regular driver and in fact given the new one to the child, going to University or to work with the car regularly, on a permanent basis, it will be a clear violation of the terms and cover denied. That in turn won't be worth paying premiums at all.

In other words, registering the regular driver with an insured car into the name of someone in fact don't drive the car, isn't worth the premium and should not be considered. Either drive without insurance cover or declare the true driver with the policy, even if that increased the premium.

But, and this is the case in many insurance disputes, the Insurer alleges a driver caused an accident, hasn't been unveiled and registered with the policy to be the regular driver. This can lead to a claim decline and the allegation of material misrepresentation, or fraudulent behaviour, even in case a car been given or borrowed to another, for whatever short term purposes, for them allow utilising the car for some time, and thereafter it gets back to its own (the owners and/or registered drivers) use.

The material difference here is, the intention of a short term use of the insured car by another, or the intention giving use to someone permanently, but not registered as regular driver.

The details will be depended on the policies wording, what is a regular driver and when to report such a change. Some South African Motor Insurers explicitly say a regular driver must be definite in monthly intervals and immediately, but even on these very restricted terms, there are many arguments to rebut a declined claim, certainly depending on particular circumstances.

A "regular driver" may be seen as "the person who uses the motor vehicle most frequently and more than any other". Where a motor insurance policy is issued on a "regular driver basis", other persons may drive the motor vehicle in addition to the regular driver, but they must at least be in possession of a valid driver's license and they should only be the minor car driver.

What is the difference between a regular driver and the nominated driver?

A "nominated driver", is a person who is actually nominated by the insured and positively documented as a nominated driver on record of the car insurance company. Any person who is not nominated and recorded, as a nominated driver, may give you problems in a damage claim to be accepted and covered.

You must be honest to your insurance company and hopefully know your terms and conditions, as well as possible loopholes or shortage of cover, you may have accepted in the policy to save premiums.

What problems are you facing, if your vehicle is incorrectly insured and/or inappropriate information given to your motor insurance company?

If a vehicle is incorrectly insured or incorrect information is furnished about either a regular driver or a nominated driver or the risk area the car is driven and kept predominately, it can result in a policy being declared null and void from beginning, or the insurer may try to avoid liability to compensate for any loss or damage.

Such simple reasons, as failure to submit data as to the drivers status, keeping your current address updated, or not informing the insurer about the location/area the insured car is used in daily life, if it has changed, when you operate the car on a different terrain as from your home for a longer period, you need to inform your insurer correctly and in time. This certainly does not mean a holiday trip etc., but once the motor car will be predominately be used elsewhere as lodged with the insurer, can give problems if not updated with the policy.

The insurance company's use such differences in order to classify and categorise the risk they are exposed to, resulting out of your individual circumstances. This has a link to your premiums to be paid for the cover you hopefully enjoy, in the daily use of your insured auto.



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4.4 Driving a not roadworthy vehicle



What will be the case if you are driving an un-roadworthy vehicle when a car accident happened?

Generally spoken a motor car taking part in public traffic should be roadworthy to all times. There are a lot of factors that may give the not roadworthy status to a motor vehicle. Lot of singular factors are given in other sections of this page as - bad tyres -.

A car owner and the driver are subject to control roadworthiness on a permanent basis. The car owner is responsible to keep the car in good technical condition, so everything required is functioning properly.

Once an accident occur and probably caused, i.e by a burst tyre, and a claim declined based on an argument of sudden and unforeseen technical emergency, isn't acceptable at all. A tyre does not burst, if it is in good shape and no other obstacles as i.e. an unforeseen pothole damages a tyre. Claiming sudden technical emergency is nowadays nearly impossible, as technical maintenance of high standard is available and everyone taking part in public traffic, a car owner is obliged to maintain the vehicle to those standards.

Un-roadworthiness may start with an expired licence, simply not paid up. Lights not functioning properly can cause such status. Failing brakes, unrepaired other damages, or the car is not completely assembled as well as many other simple reasons, such as not having a roadworthy certificate, next to a missed out continuous maintenance, can cause to be categorised the car as not a roadworthy vehicle.

But as always, a simplified argumentation must not automatically be good enough to really create liability throughout un-roadworthiness, as it is always the detail and the circumstances of any individual case that will decide reasonability and foreseeability and resulting negligence, throughout lack of reasonable care.

For example, if the engine will not function probably, it will not automatically give the vehicle a un-/not roadworthy status.

When it comes to analyse, what will be the effect of a not roadworthy vehicle in terms of motor insurance cover, the type of failure leading to the classification not being roadworthy, must have a direct effect to the cause of the accident.

In other words, if the car would have been roadworthy, meaning i.e. the brakes had functioned well, the impact could have been avoided or the damage at least minimised, will have an effect on the insurance cover. On the other hand, front lights not working, but the accident happen in daylight wouldn't.


But just minor technical defects or bad maintenance cannot as easily justify a claim decline and it will be worth-while to look into details, before accepting a claim decline on such reasons.

If the other party, generally liable for the cause of the accident, or its insurance company, can proof successfully, that your car has not been roadworthy, it can shift the liability from the one party deemed liable to the one, who drove a not roadworthy motor car, but did indeed not been the cause of the traffic accident, by driving negligent or violating the rules of the road, other as roadworthiness.



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4.5. You are accused of driving under alcohol or drugs


Driving under the influence of alcohol or drugs is dangerous and forbidden and will lead to loss of any insurance cover.

Intoxication at all, will come to the effect that an existing insurance cover will not pay for such particular incident when drunk driving is alleged. Being on the road intoxicated will endanger the safety of all motorists - don't drink and drive.

But there are cases where pure accusations of being intoxicated during driving in public traffic, lead to a claim denial.

Accusing someone of having driven in an alcoholic state, is not sufficient to decline a claim and the insurance company need to have sufficient backing, such as positive breath test a valid blood test, proving the intoxication being over the tolerated level, to decline a claim.

If you indeed weren't drunk or within the limit the law allows, no decline of a damage claim may stand a review.

Having said that, however there are many claim insurance declines bases just on witness allegations, such of paramedics having smelled alcohol or observed strange human behaviour. Other declines have only been based on "witness" statements, that they smell alcohol or just allege intoxication, based on somebody's layman analyses.

No one can materially detect Intoxication over the level of tolerance, other than bold tests. No layman, not even qualified medical stuff, can detect and proof intoxication effectively.

We have had cases, where the Investigator based his claim decline on the witness, a waitress in a pub saying, the accused have had about three beers. There is no evidence that this consumption will lead to have exceeded the allowed limit when driving, as the time factor of detoxication and the body mass and other factors cannot be determined by assuring to have served three beers to the alleged drunk driver.

Anyhow, such testimony may serve as an indication and call for a full probe, a test needs to be performed.

In some cases, the other party just made a statement, maybe even under oath, the other party have been drunk. But again, that will not be sufficient proof, but an easy way of shifting liability and/or causing trouble as many take the allegation as valid to conclude, the drunk driver will most certainly be the liable. A proof of drunk driving can only be a clinical blood test, or at a weaker state breaths test, with a functioning device and proper handling.

Should a blood test will be missing, this certainly does mean, your insurance company cannot decline a claim on grounds of drunk driving, if there is no hard evidence.

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RAMLA - Road Accident Management & Legal Action



car accident in South Africa

Get a unbiased and intially free reply to your inquiry where you are and what is the way forward - free of charge - just to enhance confidence trusting RAMLA expertise, before you mandate us.

if you want be paid compensation for yor car accident damages or in a need to defend you against unreasonalbe or inflated claims,

Contact us NOW

RAMLA is a specialist in motor accident damage recovery claims. Our team can help you through the process and minimise trouble affecting you in a claim.



4.6. Texting or telephoning while driving

Texting and Telephoning during motor vehicle driving in public traffic in South Africa, is an offence and should indeed be avoided

Using your mobile device while driving a car, either by telephoning, texting or browsing purpose is not a good idea. The police will fine you if they catch you.

But more badly, if it can be proven that you did a phone call or concentrate on your mobile device or navigator inappropriate while driving a vehicle on public roads and thereby contribute or even cause a traffic accident, by not watch out properly, observe the traffic around you etc., you find yourself accused to be liable or at least partly liable for the traffic collision and damages.

A motorist must be aware, that Insurance companies check the mobile beacon report regularly, either to establish the phone been with the driver and if used at the location and time of the accident, it is a profound proof for negligence. If the Insured refused to allow the Insurer to access the beacon report (cell phone record of usage), the claim will be cancelled on reasons of non-cooperation, as set out in the policy.

Be aware that South African motor insurance companies will attempt and scrutinise your service provider to supply your call records that reveals the time of usage, which can serve as a certain proof. But even there can be exemptions that weaken or dismiss such proof.

Your insurance cover may be withdrawn and you pay for all motor damage with you own money, if proof of your texting, telephoning etc. will be valid.

Texting and telephoning during driving reduces reaction times of drivers and are prohibited in road traffic in South Africa. It can be proven, if your insurance company check with you telephone service provider, which is common procedure these days.

According to the National Roads and Motorists Association, text messaging drivers spent up to 400 % more time with their eyes on the phone instead of on the road.

The reaction times of a texting driver worsened by 35 % and are much worse than driving under the influence of alcohol at the legal limit, as those were only 12 % slower in reaction time, or those who had taken drugs, who were about 21 % cent slower.

A texting of telephoning driver seriously take the risk to roam the lane, not concentrating to traffic.

If there is evidence that the driver caused the accident while making calls or texting behind the steering wheel, it is understandable that any motor car insurance claim originating from such car accidents, would be justifiably rejected by the insurance company. Only proper fixed telephone devices connected to a microphone and speakers are allowed to use behind the steering, but still poses risk of not been concentrated.



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4.7. Breach of the rules of the road

Can your motor car insurance claim be rejected, just because you are called a "bad driver"?

No, just being a "bad driver" cannot be utilised by your motor insurance company to reject your claim for car accident damages. If a motorist only violates some minor traffic law, it will be an offence of course, and depending on intensity, it can be prosecuted, but not a reason for a decline of insurance cover, in general.

But the quality of your driving can affect your car insurance policy and your premiums to be paid or worse can lead to a cancelation of your car insurance cover at all.

Concluding motor car insurance, with most of the South African insurance companies will be easy, as they compete heavily for all motorists to cover them. To this moment of time, when you conclude your police (insurance contract), all the car insurers knows about you, is your driving experience and previous accident record and some insight with regards to traffic violations.

The vary factors will have influence on the premium, or even acceptance of your insurance application.

All information required, must be disclosed honestly by the vehicle owner/applicant, in his application for motor insurance cover. That is all about the insurance company knows about your individual driving and personal circumstances, allowing to calculate your premium or select the appropriate tariff. Failing to disclose all relevant factors properly, will not grant you insurance cover, even if you got confirmation and paid the premiums up.

Looking on to the question, if bad driving can be a cause for your insurer to reject your claim, we citing a decision from the Ombudsman for short term insurance in South Africa, but there is no legal definition of what is "a bad driver".

The mater referred to the Ombudsman was, whether careless driving, and therefore the failure to prevent the vehicle accident on reason of bad driving, would justify the decision to reject the car insurance compensation claim.


When a motor insurance company tries to reject a claim on ground of bad driving, the onus to prove lack of due care is on them.



As an example what the ruling of the Ombudsman was in such matter we refer:

A motor car driver involved and insured in a road traffic collision, obtained her driver's licence on 1st August and some months later, she was on her way to work as the crash happened.

One reason that led to the vehicle crash, had been that she drove too closely behind another vehicle, which she say, "stopped unexpectedly and abruptly". In an attempt to avoid a collision with the back of the vehicle before her, she decided to turn in an intersection, where she collided with a vehicle that was travelling in the opposite direction and on its way to turning right.

Whilst turning into the intersection, the traffic light had already changed to red against her. The claim was rejected on the argument that the Insured failed to exercise due care and the action taken was grossly negligent.



But still this particular decision can be challenged, as there have been proven evasive measurers taken by the driver. Despite such evasive measures, the inexperienced driver couldn't foresee the sudden breaking of the motor car before her, and not avoid the collision with another in her action to avoid the collision.

This cannot be seen as grossly negligent as her main fault was just having not kept sufficient following distance. Such decision, declining the claim on reasons of gross negligence, should be challenged in a court of law.



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4.8. Not taking reasonable precaution

Can your motor car insurance claim be rejected, if you don't take reasonable care while driving?

The insurance must proof your "conduct was gross negligent" to be able to sustain a decline of your claim.

The Ombudsman for short term insurance and motor car insurance in response Source: Ombudsman's No. 02/2006



The Ombudsman cited the well-known case of Santam Limited versus CC Designing CC 1994 SA 199, and in the unreported judgement of Stax Masango and Lloyd's of London, where it is stated that the onus is on the Insurer to prove that the insured's "conduct was such gross negligent, that the conclusion can be proven that the driver recognised the dangers to which his exercise can lead, which he himself knew were inadequate to prevent any collision, or about he simply did not care, in the knowledge that he was insured".

The insurance company settled the claim under that pressure.

Your car insurance claim cannot just be fairly rejected because you are called a bad driver. But being a "bad driver" can have a significant effect on your car insurance premium, if you are involved in numerous vehicle accidents or it may even end up in a loss of your insurance cover.

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Your car insurance company wants to know who is driving your car, not to have a problem in a case of motor accident.

According to the terms and conditions you agreed upon, when you conclude your motor insurance contract, you must be well aware all your exclusions and know your obligation that you should meet, best to all times.

Being aware of the content and car insurance policy and complying as good as possible, you do best to avoid hassles. Take notice that your car may not be insured without full disclosure of what the insurance company wants and is entitled to know, i.e. who the regular drivers of your car might be or who is nominate as specific drivers on that motor vehicle.

The Ombudsman for Short-Term Insurance in South Africa has warned consumers, to ensure that they fully understand and being happy with the basis of the insurance contract, upon which motor vehicle insurance had been concluded and expose and categorise the persons driving the vehicle to the insurance, to have them covered whilst driving the motor vehicle belonging to the insured.



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4.9. Drunk driving, driving without licence, severe overload

Drunk driving or driving under the influence of any other drugs that have intoxicating effects, is an offence and will lead to lose any insurance cover.

You lose even your 3rd party cover and must pay for the damages to the other parties, out of your pocket.

However these day's we experience more and more problems, as a motorist involved in a car collision just to night time, will most probably be scrutinise for drunk driving. Investigation being launched, persons interviewed, meeting to question the party arranged, in order finding proof of drunk driving, or at least speculative allege driving under the influence.

But the only proof for drunk driving is a breath test, but more sustainable a clinical analysed blood test of alcohol concentration.

Confronted with an insurance investigation, should trigger high alert and persons to be interviewed should know what they say or do. There is an o/oo limit in South African traffic legislation and as soon the blood alcohol exceeded limitation, its bad and hardly to challenge.

However, one can have a drink and not exceed the limit. If there is no blood or breath test at least, it is hard for anyone alleging drunk driving, to proof it with evidence that stand a challenge in a court of law.

But once a motorist in such a situation acknowledge having a beer or two, it may be good enough, encourage a motor insurer declining a claim, even without proper evidence.



The same detrimental effect you will face, if you are not having a valid driver's license and any claim can be revoked as gross negligent act.

Severe overload is very dangerous and will lead to the fact that your vehicle is not roadworthy to the time you are driving with such overload.

Transporting more persons with the vehicle as the vehicle licence allows, and getting caught in an accident and further worse, persons sustain bodily injuries or even death; one will be facing criminal procedures on top of risking the insurance cover.



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4.10. Decline of a motor insurance claim based on not properly declared regular driver or change of the area of predominant use.

In South Africa motor insurance policies and cost for cover are calculated individually to personal risk factors, under the argument this will guarantee the best possible premium for a specified motor accident cover.

This means individual risk profiles are scrutinised and accordingly the premium calculated. Matters of secure parking, age and times holding a valid driving licence, etc. are factors that determine the cover and the premium.

In such regard, the person driving the motorcar regularly and is the registered or nominated driver for the vehicle, it is important for the insurer being able calculate a risk as to the above said.

The insurance risk of the nominated driver in the policy and another in reality driving the motor car, may well be seen different.

If i.e. parents give or buy a car for kids, but choose register themselves as regular driver, as they are lower risks to age and experience and insurance track record as the child, a newcomer on the road, take a high risk of claim decline, despite paying premiums, if the Insurer find out about the child being the regular driver.

Once the motor accident occurs, the actual driver will be identified. If different to the regular driver registered with the contract, investigations may well be initiated. Questions be asked and interviews arranged to find out, who indeed is practically the regular driver and only satisfied that the driver causing the accident has been just allowed to drive one or the other time this particular vehicle, the cover may be valid, may be with some extended insurance excess.

Report to your Insurer a change in the permanent or at least overwhelmingly area of operation, if it changes.

It will be similar that traffic accidents will be scrutinised more in detail, in cases the vehicle accident will be far from home, the place or area the insured motor car is supposed to be predominant located.

It will indeed be a difference for an insurance to calculate premiums and risks, if a motor car will be driven in a quiet town, like Caledon in the Western Cape, or in major cities as Bloemfontein or even Johannesburg. The traffic density will be significantly different and the extended risk being involved in a traffic accident is not a question.

Any extended or higher grade of risk, covered by a motor insurance policy, where premiums are calculated on risks assessment, will include the need and the right to look into the risk factors and adjust premiums as applicable or due to changes in risk factors, made by the insured.

This does not mean, an insured car isn't allowed to be taken for a trip, even to such extended risk areas, but changing the permanent or at least overwhelmingly area of operation, needs to be reported to the insurer, allowing them to exercise the right to adjust risks and accordingly premiums, as soon as possible and better before an accident occur.

You found the RAMLA web page because you were looking for some general information on how to proceed in a case of a car accident in South Africa. You will find lots of information about it here to support your own claim pursues or even to answer questions you might have in your car accident claim.

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RAMLA - Road Accident Management & Legal Action



car accident in South Africa

Get a unbiased and intially free reply to your inquiry where you are and what is the way forward - free of charge - just to enhance confidence trusting RAMLA expertise, before you mandate us.

if you want be paid compensation for yor car accident damages or in a need to defend you against unreasonalbe or inflated claims,

Contact us NOW

RAMLA is a specialist in motor accident damage recovery claims. Our team can help you through the process and minimise trouble affecting you in a claim.



(5) Your obligations in relations with your motor insurance policy

Unfortunately motor insurance policies do have some more obligations to be aware off, than just paying premiums, so that a valid cover is in place, once unlucky the traffic accident hit and a compensation claim needs to be launched.

5.1.    Premium's must always be paid up to date

5.2.    Report an accident immediately if anyting may trigger a claim

5.3.    Furnish the insurance company with all the required updates

5.4.    Honesty and compliance with your T & C is important



5.1. Your premiums must be paid up.

Unfortunately, without the premium paid up, you do not have insurance cover at all.

Should you have made an arrangement with your Insurer about premiums outstanding and have been assured to further do have cover, you better get that in writing or save a copy of the correspondence, stating so.

Only then there may be a chance to get the claim entertained.

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5.2. You must or better should report a claim even if you don't intend to utilise the cover

We like to give you an illustration what kind of disadvantages you may face, if you were in accident with another car and did not report the incident to your motor insurance company.

Furthermore motor car accidents on South African roads need to be reported to the South African Police within 24 hours after an accident. There are motor insurance companies, which repudiate a claim, if the matter hasn't reported to the police.

The only exemption the accident doesn't need to be reported to SAPS will be, if no 3rd party has been involved and no bodily harm occurred.

Sometimes the damage resulting out of a traffic accident appear to be only of minor value, maybe just a small dent in your bumper or a little scratch on the other cars door.

Both of you do not feel any pain presently and no other remarkable circumstances are noted, so you and the other driver agree to pay each other's damages out of your own pocket and you don't file a claim against each other or any insurance company and not report the car accident to your insurances in order to keep your risk profile with them low.

It might well be that
sometimes later, the other driver gives you a call, saying that he indeed has thousands of rand in damage and he's having neck and back pain. On the other hand it may even be the case you have more serious car damage or feeling pains for which you blame the motor car accident as the cause.

Both such instances can trigger a claim, if the other party may have long forgotten about the matter. Prescription time, the period in which a claim must be made before a party is barred to do so, is three years from occurrence. Only after three years one can be certain, that there is no more risk in an old accident matter. That is a long time.

Just because you didn't file a claim in time or at least reported the incident, your insurance company may refuse to pay any damages now; leaving you stranded despite you paid your premiums.

You may feel very unhappy about the situation, if the other car driver files a claim for this traffic accident with his or her insurance company, while insured comprehensive later on, without you being aware the matter? If the other parties' insurer pays his or her claim, most commonly the recovery department of the other insurance company then come to you, to recover what it paid out to its client, blaming you being the liable party.

If you had filed a claim, your insurance company would repay the other insurer. If you failed to report a claim to your insurance, you may face to fight such claim against you now and if not successful in doing so, you might need to repay the other parties insurer out of your pocket.

Despite the danger to increase your risk profile with your insurer you should file a claim with your insurance company, as soon as possible after the motor accident. The only safe way to avoid the involvement of the insurance company may be a qualified settlement agreement with all parties.

If you missed out to report your auto crash to your insurance and the insurance company denies coverage because of your failure to file a claim in time, you should look for legal support, for instance you contact your local attorney or even as good as such, let the experienced RAMLA - Road Accident Management and Legal Action claim manager look into the matter, which may be very effective as RAMLA only deals with motor car accident claims on a daily basis and sure more economically and affordable as a conservative lawyer or attorney will offer.



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5.3   Furnishing the insurance company with all requested or relevant information

Complying with the obligations you took on, if you conclude your cover, is the only way not to risk to pay for an insurance claim and not having a valid cover, as soon you are in breach of your obligation, even if you claim no one told you, that you do have certain obligations, next to the pay of your premiums, you will be told you have had to know, as specified in the documentation to the contract.

The most important information the insurer want to be updated are:

Who is the true regular driver

Where is the vehicle regularly operated and parked, by day and night time (Risk Area)

Dramatically changes in the financial situation of the policy holder (Default)



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5.4   Honesty and compliance with your T & C is important

Circumstances a comprehensive insured car driver should avoid, not to risk having the damage claim rejected or losing the full cover of the motor insurance, so i.e. not to abide the rules of the road, driving a not roadworthy vehicle, taking drugs or having blood alcohol etc.

An insured can relatively easy face trouble within the pursuit of a claim, but may check some suggestions how to act, if an investigation has been done and a claim declined or refuted.

A breach of the insurance contract can be alleged to all times and even according minor mistakes one may have overlooked in the study of terms and conditions.

However most complications, rise if an Investigator preforms a claim analyse, which is likely if, i.e. the driver caused the accident wasn't the registered regular driver, but another, or the accident occurred outside the declared risk area, or even if it happen at night time or early morning.

Another fact may be, if there has been another claim, not as long ago.

Additionally in a way each and any violation of a clause can constitute a breach of the insurance contract in a formal way and will be risking your insurance cover.

That means you have to abide to each and every clause and content to be safe with your motor insurance.

Luckily the insurance companies cannot always avoid indemnifying the client, even if there is a breach of the contract to be considerable.

The way to find out how to argue against your own insurer, if they reject a claim based on the issue of breaking the contract, can be to consult an specialised expert in MVA matters, such as RAMLA (Road Accident Management & Legal Action) or an independent local attorney, dealing with car accident damage claims.

Someone in need dealing with motor insurance matters should note and realise that those working for the Insurance, deal or work with such matters every day, and just therefore will have an advantage over the client, commonly being a laymen in motor vehicle accident claims.

Declines based of investigations are worth-while to be scrutinised as many of those "Investigations" aren't of quality and not suitable as evidence, but that must be highlighted and reasonably asserted. It will be adequate to enter into a dispute with the insurer in order to get wrong or meaningless allegations resolved in a dispute resolution attempt.

Should that not lead to a satisfying solution, the way to the Ombudsman for Short Term Insurance, will be open for a client for a review of a disputed decision.

But one should be aware, that the Ombudsman act as a legal professional and weight arguments on the basis of probabilities and give credit to expert reports etc. Should a review be successful, all those allegations and offered evidence need to be scrutinised and rebutted with facts and statements, in order to get matters overturned by the decision of the Ombudsman.

Even a review with the Ombudsman should not be seen as a simple matter and just repeat what already the Insurer hasn't bought into.

Find the right advice or support in time, to avoid to be compelled to go to a court of law, if a review fails.

As an insurance client one can approach the ombudsman, if the problem results out of the contract with the insurance and the problems or decisions cannot be accepted as fair and reasonable treatment.



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OSTI - Ombudsman for short term insurance RSA        Motor accident in South Africa?



6.   Ombudsman rulings and comments on serveral insurance disputes

6.1.    How contact and register a claim with the OSTI offices

6.2.    How arguing a dispute in a OSTI case for review

6.3.    Who can approach the Ombudsaman for case review

6.4.    Claim rejected as to negligent driving

6.5.    Reasonable precaution is an obligation but not always reason for decline

6.6.    Can bad Tyre's be a reason for rejecting a claim

6.7.    Speeding as cause for the accident
What is the function and institution of the Obudsman for short term insuance (OSTI) in South Africa.

The institution of the Ombudsman (OSTI) is an arbitrary platform to solve disputes between the Insured and the Insurance Company, over any disputes that will have relationship to the contract and policy.

Arbitration means in legal terms, those two parties (Insured and Insurance) voluntarily select the Ombudsman as arbitrator (an Institution that has the binding power to decide on matters brought to it voluntarily) will present their cases to the Ombudsman in order for him to analyse and make a ruling.

The Institution of the Ombudsman (OSTI) has been formed and is financed by the Insurance Industry, taking part in that Arbitration. The participating Insurance Industry has bound itself to abide by the findings of the Ombudsman, meaning if the Ombudsman overturns an insurance decline, they accept to pay the client, despite its different opinion.

The insurance client however isn't legally bound on the decision of the Ombudsman and still will have the legal course in a court of law.

The approach to the Ombudsman will be free of administrative costs for the complainant.

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6.1   How to work and register a claim with the Ombudsman (OSTI)

The Ombudsman's offices are located at:

The Ombudsman for Short Term Insurance

Sunnyside Office Park

5th Floor, Building D

32 Princess of Wales Terrace

Parktown



The best and easiest method of communication and launching a complaint will be via email: info@osti.co.za

The matter should be addressed to the offices, as to who is the Insurer and what is the subject. Once the OSTI secretariat did receive the complain, the complainant will receive an application form from the OSTI offices to file and return.

Once the form is filed and forwarded, a claim ref will be given and the OSTI office will approach the Insurer and request them, to sustain its position for the decline, or what may be on dispute.

As soon the detailed reasons of the issue are received at the Ombudsman's office, the complainant will get a copy of the facts, which are utilised to support the Insurers decision.

Thereafter the matter needs to be analysed, addressed and pleaded.

The following plea has to address the matter and the dispute itself, and demand what further information may be needed from the Insurer to argue the case. Often the Insurer or the insurance agent or broker elect not to disclose the detailed information, they base a claim decline decision onto, before an action with the Ombudsman compel them to unveil the details.

Once such will be revealed to the Ombudsman, it will be made available to the complainant.



6.2   How to argue in a case with the OSTI for review

The complainant will now have to address the matter in detail and rebut insurance arguments/investigations/assessments/expert reports etc., if they don't mirror the true circumstances.

If a complainant just take the step to the Ombudsman, repeating the argumentation given to the Insurer beforehand, and still not have achieved an altered decision, the chances of success are more likely low.

The argumentation provided to the Ombudsman need have some similar quality as such in a court of law, despite the institution of the Ombudsman doesn't have similar powers. The Ombudsman cannot hear witnesses nor have cross examinations, so he relies on the pleas and evidence supplied to verify against the argumentation of the Insurer.

If a case will eventually be ruled on, the outcome has some significant aspects and if not overturned an Insurance decline or decision, it will still have some general indication of how the outcome may be, if challenged in a court of law, if not in the process of the OSTI review a number of omissions or failures been made, that can be corrected in a court case.

Looking for legal advice, once all avenues are exhausted isn't the best idea, as arguments that may be misinterpret able may be tabled and later on utilised to back up the other parties arguments.

There are many layman's involved in a MVA (Motor Vehicle Accident) damage claim, pursuing it privately, hoping for fairness and trust its own abilities. But as even frequently seen, once a case is lost and thereafter looking for a way out, legal advice or support is looked for, the only way forward may be a review in a court of law, with all the consequences of time consume and costs involved.

Getting the right advice or better practical support, to an early time will be much more effective and economical vibrant as just when all has been gone wrong.



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6.3   Who can approach the ombudsman for case review

The ombudsman for short term insurance (OSTI), is an institution arbitrarily act to resolve private/civil issues resulting out of contractualdisputes with your own motor insurance company.

If one need to solve a dispute originating from a 3rd party claim, you cannot approach the OSTI.

The institution of the ombudsman has got vast experience in terms of disputes in motor insurance matters and will try to make a ruling after scrutinising the matter brought to it.

The ruling he makes will most often be respected by the parties. The complainant can still go to court, if not satisfied with the ruling.

The ombudsman cannot commence own investigations of facts or hear witnesses, as a court of law can do. That means the fundamental facts of the accident must not be on dispute between the parties, such as how the accident unfolded or who has participated in such accident, i.e. the insurance assessment concluded, that the motor vehicles cannot be part of the same accident as claimed by the insured.

Solving such issues, the court of law is the only way to go.

What to do if my own motor insurance company - comprehensive motor insurance cover - disappoints me with the settlement, or completely repudiate my claim, and I do not buy the arguments they come forward with.

When you may make use of your comprehensive motor insurance cover on several reasons to solve the bitter results of car accident damages, you are looking for an amicable solution and settlement.

Claiming from your own insurance cover and you are not happy with the offer or result your motor insurance submit to you, a motorist can go different ways to take on the matter.

a. Refer the matter to the Ombudsman for Short Term Insurance
    for attention

Car insurance disputes can be referred to the Ombudsman for Short Term Insurance, as no agreement can be reached between the insured client and the car insurer. Once the Ombudsman has made a decision - he does so in a formal ruling.

You should take note that only the insured can complain against his/her own insurance behaviour/decision to the Ombudsman. No 3rd party is intituled to search such mediation.

b. Consult a legal advicer to continue the claim.

c. Consult other specialists and adviser in Road Accident matters,
    such as RAMLA in South Africa to sort out your problem.

A number of Ombudsman rulings will be published and can be used as precedent or as a guideline, of what could be expected when seeking such ruling in your own case.

It is always possible that an attorney or experienced motor accident lawyer comes to a different analysis of the individual case, as that the ombudsman arrives on and then taking the matter to court in the hope to get a judgement more in your favour.



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6.4.    Claim rejected as to negligent driving



What does the South African Ombudsman for short term insurance decide in his ruling No. 1 (D14/97) regarding the repudiation of some claims?

Subject: Your comprehensive motor vehicle insurance repudiate a claim on basis of negligent driving, which resulted in damage to the insured vehicle, saying it constituted a breach of a term of your auto insurance contract, that requires the insured driver to exercise reasonable precautions to maintain the safety of the vehicle.

Facts: The insured driver tried to vacate a highway off ramp at too high a speed in wet weather conditions and this resulted in a car accident and subsequent damage to the insured vehicle.

The insurer repudiated the claim, alleging that by driving negligently, the insured was in breach of a clause in the policy which provided that the Insured and/or any person claiming cover under any section of the policy must exercise all reasonable precaution to maintain the safety of the property and to prevent loss, damage and best the accident at all.

The Ombudsman referred to the South African cases of Nathan NO v Accident Guarantee Corporation Limited (1959 (1) SA 65 (N)) and Paterson v Aegis Insurance Company Limited (1989 (3) SA 478 ) and to the statement contained in Gordon and Getz on the South African Law of Insurance 4 ed (1993) at 183, that an important object of insurance certainly is to protect the insured from loss due to his own or his servants negligence even if such negligence constitutes a crime. Reference was also made to the comments of Lord Denning in Marles v Philip Trant and Sons Ltd (No 2) [1953] 1 All ER 651 (CA)).

The Ombudsman made a formal recommendation by clarify the interpretation of the clause referred to by the motor insurance company to repudiate the claim that one of the major purposes of the insurance cover is to be protected, and a claim cannot just be refused to be accepted, based on accusing the insured on negligent behaviour.

Comments:

At the same time as the insurance contract does certainly grant cover for the insured for loss due to his own or his servant's negligence, this must be distinguished from circumstances, where the claim is rejected as a result of the insured having been convicted of reckless and negligent driving .

Circumstances where the damage claim is rejected by the insurance company as a result of the vehicle's brakes didn't work when applying it in order to stop the vehicle, creating and an un-roadworthy condition, and further the failing of the brakes being a material part in the causing of the car crash collision.

Often observed, the tyre condition of your car can be used as a similar argument for the motor insurance, to reject a claim saying the bad condition of the tyres led to the cause of accident and if been in better shape had have effect to avoid or minimise the impact, and this leads to the vehicle considered not roadworthy.

This means to look into the insurance policy wording and this requires individual consideration on the merits of each matter. In other words it is worthwhile to check and investigate any repudiation of your insurance claim bases on similar grounds.

It must be born in mind that the Ombudsman does consider some essentials before he arrives at a ruling by looking in prevailing case authorities, the legislation and legal principles applying this individual matter, considering any rules under which the policy holder might find protection, looking on aspects as fairness and parity and have a close eye on proper insurance practice taking care and consider any individual facts of the case.

The Ombudsman will always consider cases in a method that is fair and equitable. Each claim is to be considered individually and the vehicle owner may enjoy the peace of mind, that if he abides by the Rules of the Road and does not intentionally cause damage to his property, the insurance company will not be able to repudiate a claim on some mere technicality.



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RAMLA - Road Accident Management & Legal Action



car accident in South Africa

Get a unbiased and intially free reply to your inquiry where you are and what is the way forward - free of charge - just to enhance confidence trusting RAMLA expertise, before you mandate us.

if you want be paid compensation for yor car accident damages or in a need to defend you against unreasonalbe or inflated claims,

Contact us NOW

RAMLA is a specialist in motor accident damage recovery claims. Our team can help you through the process and minimise trouble affecting you in a claim.



6.5.   Reasonable precaution in daily road traffic

Your car insurance company reject a claim, for motor vehicle accident compensation, on reasons of:

Reasonable precautions to avoid / minimise the risk of a motor accident and causing a loss when driving on public roads in South Africa is one of the expectations of your motor insurance company.

Surly any motorist should always try to insure to take reasonable precautions, but unfortunately a motor car driver is a human being and exposed to failures different to a machine. So there is quite a space for arguments to be exchanged and the onus to proof the failure not to act reasonable is on the motor insurance company. Just exceeding speed limits are rarely a matter that can stand and entitle the insurance to withhold the indemnification of the insured car owner as long as no intention to cause a loss or accident was intentional and that can be proven. The Ombudsman referred to the well-known decision of Santam versus CC Designing CC, which explained the onus rests on the Insurer when relying on a "Reasonable Precautions" condition included in your individual insurance contract.

The Court in this matter, held that for an Insurer to succeed it must prove that the insured / driver realizes the danger of loss, but neglects the danger because of existence of an insurance policy, meaning that the accident in fact was caused by an intentional act. A large number of accidents occur in the circumstances where the insured or the driver is guilty of being negligent (even gross negligence) in his driving a motor vehicle.

An insurance company is not entitled to uphold a claim just on negligent behaviour, even if it may be classified as gross negligent. This would largely negate the motor insurance cover and any motorist will be constantly challenged to ensure that he has taken any "Reasonable Precautions" to all times to avoid car accidents at all. This would create an untenable situation and will at large shift the risk to the insured despite he/she take motor insurance just to be covered for exactly this unintentional misbehaviour leading to damages.

It is comforting to know that a reasonable error would not refute indemnification under the claim.

The Ombudsman has agreed with insurers in the past and rejected claims for accident damage caused by drunk driving and the driving of non-roadworthy vehicles. It is only reasonable that the vehicle owner should only be covered when operating his vehicle within the Rules of the Road.



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6.6.   Does driving with bad tyres automatically risk a claim denial

What about bad tyres in a car crash

Auto tyres are an essential part of the safety of your motor car and must be kept in a state that represents it as roadworthy so to have the necessary grip on the road.

In the event you launch an insurance claim, the insurer may reject you claim if the accident was the result of operating a non-roadworthy vehicle. A Car insurance claim may/can be rejected if vehicles tyres are found not roadworthy. It will be considered of not being roadworthy if the profile on the tyres is less than 1mm over the entire surface.

That can mean if you missed out wheel alignment and drove down your front tyres badly on the side, but still have a good profile on the rest of the surface, it can start discussions.

The good news hereby is that the insurance cannot argue solemnly that the state of the tyre are too bad and reject your claim just on such argument. The bad tyre must have a causal connection to the cause of the accident.

If i.e. one of your tyres bursts while driving and you lose control of your car, and later the assessment states that the tyre had been damaged badly at sides or repaired against manufacturer's guidelines, you may face trouble with the insurer as this may have caused the accident and known to you or you should have known the improper state of your tires.

We would like to refer to an actual example/ decision by the Ombudsman for Short Term Insurance.

A motor car entered a traffic light that controlled four-way intersection at a speed of about 50 to 60 Km/h. The green light of the robot gave the way of right to the car and just before entering the intersection, an Isuzu white Bakkie drove towards the same intersection from the opposite direction making a turn to the lsuzu's right, and crossed the direction of traffic.

Brakes had been applied slightly and as the driver took notice that the robots light was still green for him he carry on his trip believing that there is no danger to cause an accident.

To his surprise another car a Mazda followed the move of the Isuzu Bakkie and a collision occurred. The Toyota collided with the Mazda's left rear door.

The insurance company rejected the claim on the ground that the two front tyres were smooth and that liability is excluded as a result of "damage to the vehicle caused by or attributable to an un roadworthy condition of the vehicle".



Ombudsman's response

The Ombudsman pointed out that having regard to the circumstances of the collision, the smooth tyres had no causal connection to the collision and the subsequent damage to the complainant's vehicle. The Insurer was influenced to meet the claim.

From the above we can see that the mere presence of smooth tyres will not repudiate the accident claim - it must be one of the factors that caused the accident.



Tyres not roadworthy and being a major cause for the motor car accident crash

To highlight another case where the tread on tyres were considered an important contributing factor to the traffic accident as it was examined that the rear tyres did not have a proper tread situation.

A motor car was travelling from Cavendish Square in Claremont, Cape Town, to his house in Fish Hoek, along the M3 freeway.

Just before the Tokai turnoff, a drunken pedestrian was illegally on the freeway and fell and entered into the road, just missing a Toyota motor car passing. The following car driver saw the pedestrian on the road and made evasive action by swerving his car, applied the brakes heavily trying to avoid the impact but couldn't avoid the collision with the pedestrian who survived the crash.

After the assessment of the insured car hitting the pedestrian, that resulted to qualify both rear tyres not to be roadworthy, the insurance company rejected to indemnify its insured, because both rear tyres had tread below the legal limit, leading to a un roadworthy state of the motor car.

As it is in most cases a condition in the motor insurance policy, that a vehicle had to be in roadworthy condition at all times, the insurance argued on this as reason to reject the claim.

The insured did not accept the allegation, that the bad tyres had been a major cause for the impact and the matter had been referred to the Ombudsman's.



The Ombudsman's analysis found:

The motor insurance policy issued to the insured contained a specific condition that the vehicle must be kept in a road worthy condition at all times, in terms of the Road Traffic Ordinance. The tyre tread depth did not meet the requirements. The insurer's decision was not based entirely on the policy condition, but also on the fact that the collision may have been avoided and the damages lessened had the vehicle tyres been in a good condition. Based on the facts, the Ombudsman concluded that the insurer was entitled to maintain the rejection. Source: Ombudsman Annual Report 2003



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car accident in South Africa    car accident in South Africa

6.7.    Speeding as cause for the accident

Speeding as the cause of motor car accident, will my car insurer pay if the accident was caused by speeding or try to reject the claim on the "Reasonable Precautions" clause?

Speeding is not always a gentlemen offence, but even do not automatically allow the insurer to reject a motor vehicle compensation claim just citing speeding. Speeding that just may have exceeded some kilometres may not harm your claim, but extreme speeding and being the course of the accident may.

To explain what the measures of speeding may be we cite a ruling of the Ombudsman for short term insurance, but anyone must look individually on his case if it is comparable with the below.

The comprehensive insured's 19 year old son was travelling on the N3 from Durban. The road flow into a circle and the driver lost control of the vehicle and it was severely damaged. The claim was rejected on the "Reasonable Precautions" condition, as the driver had admitted that he was driving in excess of the speed limit. The particular road has the speed limit at 100 km/h reducing to 80 km/h and then to 60 km/h. Between the 80 km/h and 60 km/h section the accident occurred.

Reasonable precautions to avoid / minimise the risk of a motor accident and causing a loss when driving on public roads in South Africa is one of the expectations of your motor insurance company.

Surly any motorist should always try to insure to take reasonable precautions, but unfortunately a motor car driver is a human being and exposed to failures different to a machine. So there is quite a space for arguments to be exchanged and the onus to proof the failure not to act reasonable is on the motor insurance company. Just exceeding speed limits are rarely a matter that can stand and entitle the insurance to withhold the indemnification of the insured car owner as long as no intention to cause a loss or accident was intentional and that can be proven.

The Ombudsman referred to the well-known decision of Santam versus CC Designing CC, which explained the onus rests on the Insurer when relying on a "Reasonable Precautions" condition included in your individual insurance contract.

The Court in this matter, held that for an Insurer to succeed it must prove that the insured / driver realizes the danger of loss, but neglects the danger because of existence of an insurance policy, meaning that the accident in fact was caused by an intentional act.

A large number of accidents occur in the circumstances where the insured or the driver is guilty of being negligent (even gross negligence) in his driving a motor vehicle.

An insurance company is not entitled to uphold a claim just on negligent behaviour, even if it may be classified as gross negligent. This would largely negate the motor insurance cover and any motorist will be constantly challenged to ensure that he has taken any "Reasonable Precautions" to all times to avoid car accidents at all. This would create an untenable situation and will at large shift the risk to the insured despite he/she take motor insurance just to be covered for exactly this unintentional misbehaviour leading to damages.

It is comforting to know that a reasonable error would not refute indemnification under the claim.



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RAMLA will be your   one-stop car accident claim service   in South Africa


  Material Damage suffered in a car accident   Be careful when handling your car accident claim   RAMLA car accident claim management enforcing damage compensation   Lucky you when the car accident damage is repaired






(7) General issues to prepare and finaliese an insurance claim

A claim against own comprehensive cover may not be as difficult, once all the circumstances are in line with the requirements of the policy and no huge irritations in the circumstances of the traffic accident.

The comprehensive insurance cover pay's a client, if liable for damages or not. Once the Insurer came up with a settlement, it's on the client to check if that offer is acceptable.

Matters as insurance policy access, an amount stipulated in the policy to be contributed by the client for each and every claim made against the policy, is commonly applicable. That of course results in a shortfall for a client. But given that the enforcement of claim compensation from a liable party does entail some engagement and probably even external costs for support or pursuit, it may well be worth the access to be accepted.

In a number of cases, where data and merits allow so, the Insurer try and get the paid compensation recovered from the indeed liable party, to make up for pay outs, in reality the liable party should pay, which effectively means, the Insurance cover only give some comfort, where the liability is on another.

Should however other unsatisfactory factors as differences in values or diputes in repairs assessment, will add on to a critical mass, it's worth to think claiming from the liable party directly, avoiding all such contractual contributions.

7.1.    Gathering full and correct information to document your matter

7.2.    Track and trace a driver not disclosing the details

7.3.    Conclude settlement with the insurance company

7.4.    Do I need an attorney or an MVA expert to fight the insurance


7.1. Gathering full and correct information to document your matter

Gathering good and full Information about all participants, circumstances and damages of the traffic accident is very important.

The fact that you are involved in an automobile accident, forces you to take certain steps and that starts right at the place of the accident. One of the steps is exchanging information with the driver of the other vehicles involved. This information includes the driver's name, ID No, address, telephone number e mail contact and the name of his or her automobile insurance company at best together with the policy number.

Check on the truth of all you got and best you can, as there are some people out preferring to give false information attempting to escape liability and so avoid paying your compensation.

Do not forget to note the car owner's details, from the other car involved in the traffic accident, if you find out the driver is not the owner.You need to take the owners details and you should find out what was the purpose of the drive and in which relationship the driver of the accident car and its owner are; i.e. family, employer etc. to solve eventualities and difficulties that can occur in a claim.

RAMLA manages motor vehicle damage claims in South Africa and in doing so the daily practice shows that just in securing appropriate data and details at the scene of the car accident is often lacking. It will be very difficult if not impossible, to gather all such data needed to support your motor damage claim later.

If you missed out to take photographs or note personal details, and very important such of any witness etc., as you just didn't take the matter serious enough at this time, you will have a very week case and problems to support your evidence.

You might face some challenges when you unlucky crashed your auto with an uninsured car driver, finding the uninsured party, deemed liable for the car crash, being reluctant or even deliberately try hide as much they can.

Even worse if they give you wrong information's you are in a huge mess to have the uninsured car driver sued for damages. In South Africa it is very difficult to find and trace a person to hold them liable, without knowing where the person's residence or the workplace is.

When it is the case that you are involved in a car accident with an uninsured employed, it becomes even more delicate, as a number of employers don't really like to take the liability; they do have to take for the employed and pay for the car accident damages you suffered.

Dealing with huge companies that do have own legal departments to fight the high numbers of claims, will have its own challenges and needs determined actions to get forward and achieve payment. They fight despite they are properly insured.

Even observed by RAMLA is the fact that the police accident report sometimes is very much incomplete and will not release all data your attorney or lawyer or other experienced motor car accident managers will need to start your claim for damage compensation. Best make sure the police report is complete and motivate the officers to do a good job, preferable with a sketch and the parties initial statements to be found in the report.

You should keep in mind that gathering such missed data to pursuit a car accident later, after the scene of the traffic collision had been cleared and all participants have vacated, is an investigative challenge and in all regularity your lawyer will not be able to trace and find the missed information.

If your attorney unexpectedly is prepared to do so and attempt to gather such missed information about the participants etc., it will be quiet costly for you, as your lawyer most often works on high hourly rates and such investigation is not done in a moment.



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RAMLA - Road Accident Management & Legal Action



car accident in South Africa

Get a unbiased and intially free reply to your inquiry where you are and what is the way forward - free of charge - just to enhance confidence trusting RAMLA expertise, before you mandate us.

if you want be paid compensation for yor car accident damages or in a need to defend you against unreasonalbe or inflated claims,

Contact us NOW

RAMLA is a specialist in motor accident damage recovery claims. Our team can help you through the process and minimise trouble affecting you in a claim.

7.2.   Track and trace data of participants in the traffic accident, unlawful withhold or gave you false data!

Unfortunately in the attempt to gather missed data or to verify wrong or lacking data, given by anyone involved in a car accident, who is obliged by law to give full and correct address and contact details not even the police will be your best friend, helping you to find out what you need.

Commonly observed the police will tell you, that your car accident damage is a civil matter and that they only operate if they find it is a public offense unless bodily injury may occur.

RAMLA is under the opinion that the police must assist in tracing according to the legal terms the South African law states in the act NO. 93 of 1996: National Traffic Act, 1996 at section 61. (1), we like to bring to your attention.




When you need support to claim professional and very economically RAMLA may be the best choice

RAMLA (Road accident management and Legal Action), is a specialist in material car accident management in South Africa.

click here to learn more about the offer


Extract of NO. 93 of 1996: National Traffic Act, 1996 at section 61. (1) - Source Government of South Africa

The driver of a vehicle on public road at the time when such vehicle is involved in or contribute to any accident in which another person is killed or injured or suffers damage in respect of any property or animal shall

a. Immediately stop the vehicle

b. Ascertain the nature and extend of any injury sustained by any person

c. If a person is injured, render such assistance to the injured person as he or she may be capable off rendering

d. Ascertain the nature and extent of any damage sustained

e. If required to do so by any person having reasonable grounds for so requiring , give his or her name and address of the owner of the vehicle driven by him or her, in the case of a motor vehicle the registration or similar thereof

f. If he she has not already furnished the information referred to in paragraph (e) to a traffic officer at the scene of the accident, and unless he or she is incapable of doing so by reason of injuries sustained by him or her in the accident , as soon as reasonable practicable , and in any case within hours after the occurrence of such accident, report the accident to any police officer at the police station or at any office set aside by a competent authority for use by a traffic officer , and there produce his or her driving licence and furnish his or her identity number and such information as referred to in paragraph (e)

End quoting the law

Having read the above extract of the South African law, which clearly describes what a participant has to do when involved in a traffic accident, RAMLA obviously concluded that it is a breach and violation of the law, if a participant in such auto collision withholds his/her identity and address details or give false information, even if only property damage had occurred.

As no traffic accident will be one at all, if not at least a slightly collision had been taken place, meaning property damage will always be the case, even if of minor value, the data exchanges are pivotal in every traffic accident on public roads.

In that light the South African police should be forced to investigate in such matter and do not advice a citizen to look for private ways of investigation, to find out about other persons details as stipulated by the law.

Having the police refused to investigate on what reasons ever, you should consider to involve your lawyer or attorney or as RAMLA believes that they are the better solution, as your experienced RAMLA claim manager on duty, which you can contact 7/24 by e mail, even if you are not a RAMLA member jet, most often for free, to explain your rights and/or to launch a formal complaint with the police station in charge.



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7.3. Conclude settlement with the insurance company

If all parties involved in a motor car accident are not interested in serious actions, a Settlement Agreement can pave the way.

The very best way to come to enforceable agreements, which enables all parties involved in a motor accident to claim for matters agreed upon, is a settlement agreement. In way filing and signing such settlement agreement, you can avoid to inform your insurance company of the claim and you may even do not take too much risk, if you do not involve the South African police, provided there is no bodily injury or even more severe as the accident may have taken lives.

But it is of outmost importance that such settlement agreement, in which he or she agrees that the money he or she receives from you, is payment for all claims against you arising from this car accident, will be complete and list all what is of importance and describe the damages and liabilities and who will pay for what.

The wording of such an agreement or "release" is absolutely critical, so to be confident research for all is needed carefully. To have a reliable settlement agreement you may get some help from an experienced insurance lawyer or you can contact your RAMLA car accident claim manager for advice.

It can only be repeated, that no one should rely on a verbally expressed liability statement, as long as it cannot be proven by witnesses etc. Most often, as soon the other party is at home, a change in the position is very much likely, as not even one who is insured against car accident damages enjoy to claim from his/her insurance, neither a uninsured or not insured car driver, facing a claim to be paid out of his money are often in favour therefore.

If you in good face and just have the word of the other, you may call it a verbal contract, but enforcing such you need to proof to have a verbal contract, which will not fairly work, if your word will stand against the other only.



car accident in South Africa    car accident in South Africa



7.4.   Do I need an attorney or a specialiesed MVA (motor vehicle accident) solution expert to fight the insurance?

Do I need attorneys claim support if I am comprehensive insured against car accident risks to understand my rights and obligations, in south Africa?

We all know that it is a general rule for a motor vehicle driver to exercise reasonable precautions in maintaining the safety of the vehicle and abide to the rules of the road and driving responsibly. This is sometimes easier said than done.

Reasonable precautions in daily driving and in maintaining the technical safety of the vehicle, being roadworthy are very essential to all times and are often points of disputes in an insurance claim for car accident compensation.

To the experience of RAMLA - Road Accident Management and Legal Action - a claim for motor car accident compensation can work out complicated, even if the motorist is insured comprehensive.

When you, as a comprehensive insured car driver, suffered motor accident damages and launch a claim with your own insurance company, you should know the terms and conditions contained in the car insurance policy you have accepted.

This is crucial for the insured vehicle owner to understand the rights and obligations, concluded in the motor insurance policy, which is your contractual relationship between the motor car insurance company and yourself, not to risk a claim to be repudiated on reason of some technicality clauses in your insurance policy.



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8.   The procedures the motor insurance company may follow to proceed car accident damage repairs and in terms of paying you for the damage, or reinstating the vehicle to the state before car accident.

a. Find out if your Insurer is paying you your loss or reinstating the vehicle.

b. If it is paying your loss (less accepted excesses in your policy) you deal directly with the repairs and the auto body repairer. Your loss is usually the fair and reasonable cost of the car damage repair.

c. If the insurance company decide to reinstate you, the insurance companies mostly select one of its listed repairers acting as insurer's agents. They then will deal with the insurance company to be paid for the repair done to your vehicle.

As a victim of a motor car crash in South Africa, you are entitled to have the vehicle repaired as good as to a state it was prior to the accident. It is very advisable to look on to what will be the insurance approval for repair to the auto body workshop.

Avoid detrimental to your motor car, i.e. make sure the damages will be properly repaired and car parts (new or used - depending on your contract) ensures your motor car will be fine and roadworthy if repaired.

d. Always be aware what your motor insurance policy conditions are and what you have probably have to contribute. If you are not liable for the cause of the motor accident, your insurer may claim back all its expenses from the liable party in a recovery claim. This will most often include the excess you needed to pay to your insurance and you are entitled for a refund as soon as your motor insurance company received the payment from the liable party. It is very advisable to follow up what your insurance company does in terms of recovery, after they paid you.

e. In a case the compensation offer from your insurance company do not satisfy you and you want to prove that what the insurance is offering you in money does not represent your damage, or that the vehicle has not been properly restored, then object in time.

If you cannot achieve satisfaction, approach the Ombudsman if you want mediation, or your Attorney or other specialists in Road Accident Management and Legal Action in South Africa, so as RAMLA is one, for advice as to whether you should assert your rights in a Court of Law.

You are always welcome to contact RAMLA - Road Accident Management and Legal Action, preferred by sending an e mail to receive a analyse of your position, even in terms when you disagree with what your insurance company offers you for compensation, if you claim from your comprehensive motor cover, free of charge or obligations.



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Nationwide RAMLA Claim Service
SMS your problem to RAMLA Cell

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e-mail ramla@ramla.co.za





Aspects and options

RAMLA membership

RAMLA membership covers for,
     the benefits and services


Tasks and actions in pre-
      litigation periods


Specials membership for NEW
      members with existing case


RAMLA tariffs    Individual
     - Family - Business


RAMLA membership   Terms &
      Conditions


RAMLA membership is your ticket for relaxation if it comes to any kind of MVA (motor vehicle accident) issues to be solved by membership



 
RAMLA - Road Accident Management and Legal Action - is one of South Africa's most experienced and decisive advocates to sort out legal disputes with parties, Insurance companies or act in defence of clients confronted with unreasonable or inflated claims.

Car accident issues that matters most:





We are legal specialist in motor car accident damage recovery matters and offer our services to those suffering damages or in need to defend unreasonable or inflated claims.

Taking on disputes with motor insurance companies, engage in unfair declines or incorrect apportionment of damages, take matter on review to the Ombudsman, or even get matters to be heard in a court of law, should all fail to find a solution and the escalation to a court of law is inevitable.

RAMLA can get you through the trouble, for just some affordable fees, commonly just equal or lower then towing/storage cost may be.

We are one of the most experienced, decisive advocates, when it comes to car accident problems - issues of compensation or defence against unreasonable or inflated claims, bad repair practice and much more.

We work only on motor car accident matters.

Check us out, so you do know if we can uphold we say, free of charge.

Welcome to RAMLA

Road Accicent Management & Legal Action - South Africa








 

How going forward once there is a claim or dispute or other challenges?

Well, once someone checks a web site as this one RAMLA presents, there will be some sort of a problem.

Motor Vehicle Accident (MVA) issues are manifold and can be complex.

It may either be that there is no response from the liable party's Insurer or a repudiation, apportioning or any other decline, such as to violation of terms and conditions.

There are even cases, where a claim is directed to a 3rd party, deemed liable and demanded, but no engagement noticed.

Lot of issues coming up in MVA - car accident matters, may not be handled according to valid law, or wrongly interpreted.

There are many people in South Africa's motor insurance industry, without a legal background and act under instructions, don't care, nor perhaps not having the necessary skills, or just follow a strategy, to get rid of valid claims.

Such should not be accepted and the challenge taken head on, even if it comes with some engagement.

RAMLA as a specialised legal expert can solve such problems, just for a fraction in fees what you may miss out, if you don't have the right support.

In our view, it is not the correct way and get a legitimate claimant's demand, just been brushed away, isn't it?

Just take the time and contact, tell us about the matter and let us take care of it.





 

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.









 

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.









 

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.









 

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.









 

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.









 

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.









 

Should you have been through all before . . .

and still think we can be the one to solve your motor vehicle accident compensation problem in South Africa, just get in contact with us.

You're welcome to be served perfectly.

Kind Regards Your RAMLA team













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Involved in a car accident in South Africa and like to know what to do?

When it comes to a legal action in a court of law, the details are important.

RAMLA do know what is of importance and guide matters to success.












RAMLA Expert Partnership


Become a local partner of our Nationwide Network of experts in adjacent industries, such as:

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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
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Towing industry . . .
     partner with RAMLA?


When towing any vehicle to safety, after a traffic accident, it will be the ideal time/opportunity to promote RAMLA highly experienced and economical outstanding claim service, to enable the party suffered damages to claim or defend for material motor car accident compensation, and take part in the RAMLA rewards program.

Towing and or storage of a damaged car on a yard can come with bad surprise

Can a party in need of towing trust all companies, if matters coming towing the car to be stored in a yard with costs?

There is a good portion of suspicious thinking necessary.

A serious warning is therefore adequate.

Don't trust any promises of a hassle free pursuit. Make sure you do know about costs and risks.

Many have lost the salvage value of the car stored, just set off against towing and storage costs, as they did trust and not be as sceptically as needed.

We don't think to trust towing guys anymore, as we haven't made any fair connections yet.

On the contrary we need warning parties involved in car accidents, to not trust any of those promising rescue offers to give you a hassle free support.

Do not trust any promises as the other parties insurance company will take care of costs, as that is a total different matter and will only be true, if and in time the Insurer will accept claims, which isn't the regular occurrence.

Some of those towing companies, store your damaged vehicle on an open yard, not insured or safeguarded and despite charge storage fees in the range of International Airport parking rates, being of R 300 a day and more.

They do refuse to release the car, unless all is paid, which is illegal.

Such may end up paying for overcharged towing and storage what the wreck may be worth and they may suggest just leave the wreck for the open account.

Don't fall to such illegal and unethical behaviour.




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 get through against sometimes very strange arguments or decisions.




Ombudsman for short term Insurance



The Ombudsman for short term insurance disputes (OSTI) reviews matters that emanates from policy differences or disputes.

However it must not always be expected that OSTI is in favour of Insurance clients to protect their rights.

Very often they just look on one-sided information, even without verification, if a client in need for help doesn't know how to repudiate false or weak allegations, the matter will most probably be lost and the Insurer rests relaxed.

The Institution of the OSTI office is financed by the Insurance Industry.




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.




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.





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 other party allege the other being intoxicated. A witness or any observer cannot detect degree of intoxication, even if they are medics, without scientific analyses.





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 applying inappropriate schemes or assessment results.

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





Depreciation of a vehicles value after accident, even if properly repaired.

Depreciation is a factor in the day to day or month to month declining value of the regular motor car. Thereby is a rule, how more expensive a car how more loss of value. It certainly not only the time factor, but even mileage and condition, which have an impact in value loss.

Motor insurance companies revalue the vehicles value on a monthly basis, meaning every month a decrease takes place and should the car involved in an accident do have serious damages, the current (monthly adjusted) car value does play an important role, in order to make decisions as such of a write off, as it will be the case if the repair costs exceed the current value of the motor vehicle, of even only reach a percentage if the claim is against the own, comprehensive cover, as to terms and conditions.

Should a car be repairable, it may be looking fine again, but a car damaged in an accident isn't worth the same in a sale, if the buyer will be aware of it. Even the best repair is not as good as the undamaged car has been.

South African compensation practice does not take note of such loss and don't reward easily or at all for such loss, which is not fair at all.










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