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



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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.




    Insurance       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?



Motor car damage - "written off"

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.

Our highly skilled and experienced team of experts work decisive, swift and economically affordable, to solve car accident issues.

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.



Our highly skilled and experienced team of experts work decisive, swift and economically affordable, to solve car accident issues.



Any Questions?

Contact us now by email and check out, if and what, we can do for you.


Our free initial case analyse offer is available for you NOW, free of any charge or obligation.

This free offer is worth almost as much as the costs for briefing your local Attorney where he/she takes your case instructions and will bill most commonly R 1500.00 or more.



So don't hesitate as it's easy, comfortable and will be answered knowledgeable in short time.

No appointment, no office visit and no costs.

      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.



car accident in South Africa


Free case analyse and initial advise!

Dear valued reader, checking out the RAMLA car accident compensation platform; obviously you do have some traffic accident damage issues to solve.

Contact RAMLA via email now          Check this before you contact RAMLA for more information about          a free check of your particular case issue and advice.






        

  



Motor car damage - "written off"



Don't be fooled - badly treated - and do not accept unfair Settlement offers - from any South African Motor Insurance.

             If anything doesn't go to plan, get professional support.             RAMLA may just be the right service

Motor Insurance cover gives an insured some protection against the risk of car accident collisions in public traffic for compensation of damages caused in traffic accidents. But by far not all claims will go through smoothly. Be aware of a variety of possible obstacles.

Obviously there are differences as how South African Motor Insurer handles compensation claims. There are comprehensive insurance cover policies and 3rd party cover contracts. The comprehensive cover safeguard both - damages to own property, such as the insured vehicle and the 3rd party damages - as third party cover only indemnifies the insured against claims made from other parties for compensation of destruction out of vehicle accidents, they are deemed to be liable for.

While the outmost important task for a comprehensive insured motorist is to maintain and adhere to all obligations concluded with the policy contract, not risking problems if it comes to claim for damages, 3rd party claims are more vulnerable to deep scrutinising of circumstances and subject to defensive actions or short falling settlement offers.         Don't compromise without good reason!

This RAMLA web platform providing much information on almost all interesting issues in connection with MVA - Motor Vehicle Accident - matters. If you do not find you look for, use our  keyword search     page and look for the related keyword.




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

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

Car accident issues that matters most:





Keywords Section - A

Accident Compensation

Acceptance and Liability - offering paying Excess

Accident documentation

Accident Reconstruction

Accident Sketch

Admission of Liability

Affidavit confirming repairs - Cost - Quantum

Affordable claim service -
enforce compensation


Alcohol and Intoxication -
Facts required to be proven


Allert - Warning signs during claim evaluation

Analyse of a car accident -
in terms of liability


Appeal a claim decision

Appointing an independent vehicle damage assessor

Apportioning of Damages Act

Apportionment of Damages - Liability

Assessing - Appraising -
vehicles accident damages


Attorney's services & fees

Audatex -
Car value listing systems


Auto accident -
compensation action


Auto Dealers Value Scheme

Full Keyword List



Keywords Section - B



Balance of probabilities - measure to proof a claim

Bank Statements required scrutinising

Beacon check- cell phone reports

Beyond repair - total loss or write off

Blood test to prove intoxication

Bodily Injuries and RAF claims

Breach of motor Insurance terms

Breach of traffic legislation

Breathalyser tests proving intoxication

Broken promises to settle damages

Bumper bashing - minor damages

Full Keyword List



Keywords Section - C



Causation in a car accident

Calculating, assessing or appraising damages

Cancellation of the motor insurance policy

Car accidents and its consequences

Car Hire after an accident

Car owner's possible liability for conduct of a driver

Case analyse offer - RAMLA advice

Case Law - Precedent

Causation of an accident - liability for the impact

CCTV footage of the accident

Cell phone records / telecom beacon reports

Certification of the repair value / Quantum

Change of argumentation from accepting to accusing liability

Circumstances of an accident

Civil compensation action for damage to law of delict

Claim against insured 3rd party

Claim Decline/ denial / repudiation / refutation

Claim Decline based on alleged breach of the rules of the road

Claim Decline based on violation of terms and conditions

Claim Defence Actions

Claim Disputes - Inflated or unreasonable claims

Claim Disputes about recovery actions an Insurer launches against 3rd party

Claim Investigator

Claiming compensation from 3rd parties

Claiming damage compensation from uninsured motorist

Claiming from an employed driver with a company vehicle

Collision of facts in claim actions

Commissioner of Oath

Compensation for car accident damage

Comprehensive cover - Claim rejected

Comprehensive Insurance claim

Comprehensive insurance cover

Comprehensive cover - Claim rejected

Concluding a new motor insurance contract

Conflicting Statements leading to claim decline

Consequential Damage

Cooperation of other parties involved in car accidents

Contributable causation - Apportionment

Culpa / Culpability

Full Keyword List



Keywords Section - D



Damage assessment driven by Insurance order

Damage Assessment - Independent

Damage to Property - what can be claimed

Damage value/Quantum - serious damages

Dealing with Motor Insurance Companies

Declined Insurance claim

Defence against a recovery claim

Delictual accountability - Law of Delict

Depreciation of car value

Dishonesty can be a reason for a claim decline

Dismissed or denied 3rd party claims

Disposal of salvage or the car wreck

Dispute of facts

Dispute Resolution with Insurance Company

Dispute with Insurance - internal resolution or review with Ombudsman

Disputes in Insurance claims - Resolutions and Challenges

Disputes resolution by taking legal support

Documentary Evidence

Documents to submit (insurance) 3rd party claim

Drunk drivers causing accidents and the repercussions

Duration of a claim action

Duties or obligations in public traffic

Duty to mitigate in a claim to limit expenditure

Full Keyword List



Keywords Section - E



Economic aspects in a car accident claim

Elements of Liability

Emergency in traffic situations

Entertaining a claim by Insurer

Evidence, Facts, Merits

Examination of motor vehicle damage (properly)

Expert Examination / Assessment Expert Report

Expert Witness testimony

Eye Witness testimony

Full Keyword List



Keywords Section - F



Factual Evidence in a compensation action

Failure to pay the premiums up to date

False or incomplete information given when concluding contract

Failure to pay the first premium before a claim must be reported

False, late, incomplete or not submitted updates of essentials in the policy

Forensic investigations

Foreseeability of danger

Front and Rear Impact

First premium must be paid before take to the road

Full Keyword List



Keywords Section - G



Gross Negligence

Full Keyword List



Keywords Section - H



Hearsay - no valid testimony

Hidden damages not detected and not included in Assessments

How long will it take to be compensated

How to get a Police Accident Report and AR Number

Full Keyword List



Keywords Section - I



Inconsistent divergent party statements to what happened

Indemnification for the financial compensation

Independent Witness

Insurance excess deal

Inflated claims - damages fraudulently inflated

Insurance claims

Insurance claim declined/rejected

Insurance claim report obliagtions

Insurance claim report containing data

Insurance damage assessment

Insurance Investigations in car accident circumstances

Insurance measures to minimise pay out

Insure the vehicle and pay the first premium before take to the road

Intoxication - requirements for a Claim decline

Intoxication - Telephoning / Texting etc.

Intoxication while driving a vehicle on the road

Investigations by motor insurance companies to find out what happened

Investigations into the accident circumstances

Full Keyword List



Keywords Section - J



Jurisdiction of the Ombudsman (OSTI)

Jurisdiction of the Ombudsman (SAIA)

Full Keyword List



Keywords Section - K



Knock for Knock agreement between Insurers

Full Keyword List



Keywords Section - L



Late evening or night accidents

Lead or top up insurance cover

Liable Party

Full Keyword List



Keywords Section - M



Market Value of a motor vehicle

Material loss or damage

Maximum compensation for total loss

Merits and legal aspects of a compensation case

Motor car insurance, factors to look on before contract

Motor vehicle damage Assessment

Motor vehicle damage Assessor

Motor vehicle owner's liabilities

Full Keyword List



Keywords Section - N



National Traffic Act No 61 1996 at section 61

NATIS - National Traffic Information System

Negligence driving a motor car

Neuhaus v Bastion Insurance Company 1968 (1) SA 398 D AD - a case precedent

Nominated or regular driver in Insurance Policy

Not abiding to, or in breach with South African traffic regulation

Not insured against traffic accident damages

Not insured but need to claim from another

Not roadworthy vehicle in public traffic

Full Keyword List



Keywords Section - O



Offer to settle a compensation claim

Ombudsman's principles

Ombudsman's reviews

Ombudsman's contacts (OSTI)

Opinion evidence in a case

Full Keyword List



Keywords Section - P



Partly liability for causation - Apportionment

Passengers in a car as witness

Patrimonial losses - Damage

Police Accident Report

Police duty at the scene of accident

Policy cancelled alleged violated terms/conditions

Precedents in a compensation claim

Prescription of a material claim

Process of Ombudsman case review

Proof the Quantum/Value of a damage calculation

Full Keyword List



Keywords Section - Q



Qualifications of Assessors to evaluate damage

Quantum of the claim

Quotations calculating the repair damage

Full Keyword List



Keywords Section - R



Reasonable and necessary repair costs

Reasonable driver or person reasonable man test

Reasonable precaution while driving

Rebuttal of unreasonable or inflated claims

Recklessness driving

Recovery Claim - Insurance paid client - Recuperation Action

Recovery Agent acting for Insurance

Reconstruction of Accident facts

Rear and Front Impact

Regular driver nominated in an Insurance Policy

Relinquish Salvage to a party

Repair Quotations - damage calculation

Reporting an accident to Police

Retail value in calculations of market value

Retention of a stored vehicle on a scrap yard

Rights and Obligation in Traffic

Right of retention a vehicle - workshop or towing

Risks and Chances in a claim action - Basics to know

Risk profile of an insured motorist

Full Keyword List



Keywords Section - S



SASRIA - South African Insurance Association - Riot and Strike

SAIA - South African Insurance Association

Salvage - the value of the scraped car

SAMBRA - SA Motor Body Repair Association

SAPS - the duty of police on the scene

Satisfactory Settlement

Scene of a car accident - what is relevant to capture

Scrap value or Salvage - an important factor in write off calculations

Securing of evidence

Settlement agreement ending a compensation claim

Shortfall or insufficient compensation

Shortfall of compensation based on damage assessing

Shortfall emanating from Apportioning

Shortfall in regard of market value, pre collision value, salvage or policy terms

Shortfall in settlement offer - Apportionment / Causation

Sketch of an accident scene

Skid marks - in reconstructive expert reports

SMD - or scrap buying companies

Speculative testimonies

Speeding - issues in a claim decline

State of the vehicle before accident

Storage of a damaged vehicle on Tow yard

Strong case merits needs strong evidence

Subrogation in claim enforcements

Subsequent/consequential damages

Sudden emergency defence

Speed control unit

Surveillance cameras - video footage

Full Keyword List



Keywords Section - T



Telephoning - Texting while driving

Terms and conditions regarding an Insurance Policy

Test of a reasonable man or motorist would have acted

Third party insurance cover

Third party insurance claim

Time frames a claim may take until a settlement offer

Top Up or lead insurance policies

Total loss - car written off

Towing and Storage issues after accident

Tracking Device and Reports

Traffic Accident Reconstruction Expert

Trade value

Traffic Act 1996 sec 61

Traffic Circle - Roundabout

Tyre burst - immediate emergency

Types of disputes, declines or shortfalls in claims

Tyre conditions in an accident issue

Full Keyword List



Keywords Section - U



Unbiased and fair Investigation in circumstances of accidents

Uneconomically to repair car accident damage

Unfair claim decline

Unforeseeable danger in traffic

Unlawful driving - negligence or recklessness

Unlawful leaving the scene of the accident

Un-roadworthy motor vehicle driven in public traffic

Unsatisfactory settlement offer

Unsettled Motor Insurance claim

Full Keyword List



Keywords Section - V



Values in a compensation claim

Value of Salvage in terms of write off

Vehicle Damage Assessment

Vehicle not roadworthy vehicle in public traffic

Vehicle not economically to repair

Venter v Dicson 1965 (4) SA 22 (E)

Video footage CCTV

VIN - Vehicle Identification Number

Violation of Insurance terms and conditions

Violation of traffic regulations or duties

Full Keyword List



Keywords Section - W



Warning signs during claim evaluation

Weather conditions influence duty to drive

What to do just after the accident happened

When best claiming from own comprehensive cover or 3rd party

Witnesses Testimony in car accident issues

Written of - car status after destruction

Wrongdoer is liable for compensation

Wrongful conduct of a driver

Full Keyword List



Keywords Section - X Y Z



no entry











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, pursue or decide your claim, just let us support you.

Motor car accident disputes with Insurance Companies, regarding a compensation claim action, are common in South Africa.

A high number of car accident compensation claim disputes arise on a daily basis.

More often than not, it will need some understanding, expert knowledge and experience in handling a case, to have a successful outcome.





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car accident in South Africa


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car accident in South Africa



RAMLA can help clients in all MVA matters to solve problems professionally,

claims, disputes (3rd party / comprehensive Insurance cover), review of declines with the Ombudsman (OSTI) and defensive actions against unreasonable or inflated claims, professional - affordable.







   Contact RAMLA for your support to have a damage claim paid or defenced.   

  Contact     





A Claimant should be aware, that when filing carefully all those applications an Insurer requested,

sometimes additional - perhaps misleading - claim information be given to impress or even confuse applicants, citing precedents or mention possible Apportionment.

Most Insurance companies contain such into the basic claim information provided, to launch a TP or Third party Claim.

A Claimant reading such information, should not be worried too much, as all or most may not apply to a particular case.

Launching a claim, will not mean one can expect a prompt or fair solution, right away.

Many obstacles can come along, of which one - the denial of what been put forward - is not accepted by the Insured who allegedly caused the accident and by doing so, just by denial and put forward a different cause of matters, known as conflict of facts a Claimant must argue and proof.

The Insurer will tell, the party claiming must proof.

Proof is the challenge and needs facts to support the claim and shouldn't be taken lightly.

It will be crucial to know what facts can support a claim.

Having one or more witness who testify and corroborate the issues, will be a huge benefit.

But often different to the Law, as a Judge hears a case, Insurance Agents may discredit potential witness and do not accept testimony, other as those been seen as independent eye witness come with credible statements, best in the form of an Affidavit.

A credible and accepted witness must stand by the testimony, even if interviewed, in order to find out if the statement must be discredited or accepted.

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

Car accident lawyers and professional claim managers, enforcing traffic collision damages.

We are specialised expert's in all respects to motor car accident damage compensation claims or defence actions.
RAMLA works in claiming damages, defending against unreasonable or inflated compensation claims, acting in Motor Insurance disputes, regarding car accident compensation matters, over a long period of years.

We attended thousands of requests for analysing, supporting and pursue material car accident claims, effective and economical.
Such excellent service can be to your service in South Africa, Nationwide.

Road Accident Management & Legal Action (RAMLA) can professionally represent clients, taking care of their interests, which can be the solution you may looking for.



You will find a lot of useful information on the RAMLA (Road Accident Management & Legal Action) web pages
Confronted with the need of defending against inflated claims, it isn't as challenging as perhaps thought and worth doing so.

Utilising the right knowledge and decisive defence action, most unreasonable demands can be solved or stopped entirely.

However proper defence against such unreasonable vehicle accident compensation claims or actions, will be crucial





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


 
                        

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

      
 








The market value of a motor car or vehicle is certainly the price, a willing seller and buyer agrees upon and in the range of other similar trade offers, for the sale of a motor car with comparable specifications.

Unfortunately the standard methods utilised finding a "market value" is not definite and many different ways seen in calculations, to arrive at a market value.

The two different implications are, claiming from own insurance policy (comprehensive cover), or the claim is made against a so called 3rd party, the party identified causing the accident.

In a comprehensive cover claim, all the terms and conditions of the contract needs to be taken in consideration, whereby in a third party claim only the law applies.




car accident in South Africa



Dealing with matters as "write off" total damage or loss, salvage or scrap value should automatically get you in high alert and needs full attention to avoid losses. All this can easily work out to your detrimental.

When it comes to deal with motor insurance companies to be compensated for a total loss or even called a "write off" or a total loss, not worth to repair or beyond repair lots of factors may lead to disputes with an insurance company in South Africa (SA).

Most commonly the insurance claim department base the settlement offer on a party friendly vehicle assessment, and then starting to reduce the compensation to be paid for adequate replacement.

First thing to look on must be the market value of the motor car, before impact. Had it been correctly reflected? Therefore all special equipment and mileage condition etc. of the car must be scrutinised.

It must be looked on the way the insurance claim adjuster calculated the settlement offer. Another crucial matter is always the salvage, the value of the scrap. If the insurance tend to leave the salvage to your disposal, they will deduct such salvage value from your compensation and you need to find a potential buyer for the scrap, which is not always easy.

RAMLA - Road Accident Management & Legal Action - have the knowledge and experience to analyse and probably repudiate a wrong based settlement offer.

Reasons for differences can be, that your actual market value of the car is different - lower or higher - than what your insurance or its damage assessment states. If ie the real value of your motor car before the accident had been higher as found by the insurance it might well be you can get your car repaired.

It is important that to know that the South African law say, you can only be compensated for the real value of your motor car damage. This means if the value is incorrect you will maximal be compensated to this - wrong - amount. Easy to see that this is a point lot of insurance companies follow only too often.

The effect may be you get less as what you are entitled to be paid for your traffic accident compensation.

Another way to disagree may be the value of the salvage. It is frequently observed that the insurance company quickly give the vehicle classified as scrap to a salvage dealer. As we all know a motor car salvage dealer does work for profit. So the salvage value, which will be deducted from any compensation payment, may even be wrong.

When it comes to replace your damaged motor car you must pay what the marked ask you to pay and not what you got as compensation.

If you want support to be compensated for your car accident damage RAMLA can be your one stop solution.
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)


What means salvage and what must be looked on in order to find a fair value for the scrap.

Salvage is the value in money the scrap of a damaged motor car is worth, if it is uneconomically to repair. Uneconomical to repair the auto damage means, if the assessed repair cost for the vehicle exceeds the market value.

South African insurance companies tend to "write off" a damaged motor car just too often, in an attempt to lower the compensation payment.

Even much too often the scrap is offered the victim of motor car damage to dispose it on its own. This does not mean any less as the insurance company deduct the full amount set as value for the scrap from your compensation payment and you need to find someone to trade in the scrap for at least just this amount.

If the insurance company valued the scrap too high, you might find that the salvage dealer or even others interested buying the wrack of your car, will offer you less and you make losses.

Lucky you when the car accident damage is repaired

Not mentioned that there is always some hassle and engagement needed to get the scrap of the motor car sold.

Therefore it is only advisable to retain the damaged car if you want to keep it and you see a way to get it repaired for less as the damage assessment indicates or to sell it to better conditions.

But in terms of a cheap repair one must always keep in mind that the car must be roadworthy after any such repair, not to go further risks.

Lucky you when the car accident damage is repaired

If it comes to a situation you have to deal with a write off a total loss or totalled car damages, you should not hesitate to get support to minimise the risk of losses.

RAMLA - Road Accident Management and Legal Action can be to your side if you have to deal with a total loss in South Africa, may be much cheaper as you expect.

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 and only a part of those insurance claim disputes are referred to the RSA ombudsman for short term insurance.

As the 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 is not dealing 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.

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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.


car accident in South Africa
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.

car accident in South Africa


car accident in South Africa



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.

Motor car damage - "written off"

 car accident in South Africa

car accident in South Africa

   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




Market value - Trade and Retail Value - "written off"

. . . are important factors in a claim for motor car accident damage compensation in South Africa



Once car accidents occur, there is a chance that the repair cost will exceed the market value - it is called a write off

South African law in delictual legislation, stipulates that a victim of a car accident must be compensated to state the vehice been in before accident or the amount of damage to repair the car, but limited to the amount the car has been worth, before the impact.

As the point of reference is the damaged vehicles market value - before impact - any found damages and subsequent repair cost, may only be as much or high as the car been worth in pre-collision value or again market value.

Any repair cost exceeding the pre-collision value will be leading to write off the car as uneconomical to be repaired, as repairs will exceed market value.

That means that the "market value" is a key figure in a compensation claim.

In case the repair costs will exceed the market value, a motor car may be classified a "write off". The conclusion will be, the damage claim value must be limited to the amount of the - market value - the vehicle been worth in money terms, before impact.

Any compensation exceeding the market value, so the definition, will in effect over benefit and so is a form of enrichment. The law only support fair compensation and not enrichment.

One can discuss such in a general manner, as if it comes to replace a vehicle for the amount of compensation received for a write off, many may find it difficult, if not impossible, in their search finding a suitable replacement on the market, for just the funds available from compensation.

Furthermore, the so called scrap value or Salvage of the damaged car will even be looked on.

Salvage - or the value the scrap is supposed to sell for, is part of the compensation and money calculated for salvage/scrap can be deducted from the pay out to market value, as part of the compensation.

The Salvage will be deducted from the compensation amount. In order to recuperate such deducted money, is by selling the damaged or scrap car to anyone who may want it.

Both such values, the market value and the salvage, can be found wrongly applied, which will in turn lead - in most cases - to a shortfall of compensation.

In cases of a write off settlement offer, it is always advisable to have it checked before signing it, as once signed all avenues to challenge may be blocked.

car accident in South Africa

RAMLA can help clients in all MVA matters to solve problems professionally, claims, disputes (3rd party / comprehensive Insurance cover), review of declines with the Ombudsman (OSTI) and defensive actions against unreasonable or inflated claims, professional - affordable.    Contact RAMLA for your support to have a damage claim paid or defenced.      Contact     


car accident in South Africa


Caught up in a car accident and the vehicle crash caused serious damage to your motor car, it will be called a "write off", it might be a challenge to be compensated fair and full.

The problems with most of South African motor insurance companies, can come to a peak, if it's considered the car accident damages will economically not be worth to repair and so be a total loss as to a number of values influencing the compensation offer, such as market - trade - retail or scrap/salvage value.

The auto wrack, subsequently is then classify as a write off, beyond repair or a total loss or called totalled.

This kicks in, when an assessment consider the repair cost higher than the actual market value, identified by the Insurer as to applicable methods determined by the policy terms, which can differ to the prevailing law, as it is stating, being the value just before the accident happened (pre-collision value).

The pre-collision value will be the amount of money a willing buyer is prepared to pay for the vehicle, in this case to the state of the car before accident damages.

There may well be significant differences between expectations in damage compensation and those the insurance company will offer to pay. It can really differ significantly.



Salvage in a car accident           Salvage in a car accident


Determination of the status to be a write off, will start right with the definition and determination of the true market value, for accident damaged vehicles, as to find the pre collision value.

Often listed values, such to be found in value schemes, commonly created for motor car dealerships, to guide finding values for buy (trade in) and/or sell used motor cars, but not explicit created to determine values for accident damaged vehicles, as to define pre collision value.

When it comes to the point that the liable party, or most often the insurance company for the party, qualifies the auto accident damage as so serious, that it will be called a "write off" or total loss, as the determined repair cost will exceed the market value, you may perhaps find yourself in big trouble.



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.



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Uneconomical to repair - write off - total loss



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


State or condition and vehicle value - before accident



Claiming damages to pay for a write off from whom?

Market value the price a motor car will truly be traded for!

Trade & Retail Value a price suggestion for selling or buying

Value "written off", market value is less than repair costs

Challenge purchasing another car to similar condition

Salvage - amount of money the scrap vehicle is worth


Relinquish Salvage to the claimant or Insurance




Headlines and Issues on this page
Contact RAMLA for a free fact check and advice





Claiming for a total loss from the liable party - 3rd party - or from the own comprehensive motor insurance cover

There will be differences in procedures and conditions, when you claim from your own comprehensive auto insurance cover to be compensated for a total loss or write off, as if you claim from the 3rd party.

If you claim from a 3rd party, liable for the motor car accident, the law of delict applies for the rules and conditions for a compensation action.

Differently to a claim against an own comprehensive motor insurance cover, none of your special conditions of your insurance contract or any other exclusion accepted to hold the premium low, apply.

In case one claims from own comprehensive motor cover, all the contractual details of the insurance policy and the terms and conditions thereto, will be needed to be respected and will or can have consequences to pay outs.

The imagination the insurance will compensate for traffic accident damage in full, just as expected and as the customer is in believe to be insured all around for, must not always come true. When you need to claim from your own insurance cover, you need to know about your rights and terms and possible limitations or exclusions, you concluded with them, in order to understand or challenge a decision.

In order deciding to accept or reject a settlment offer, to pay for a write off, if comprehensively insured it is often a matter of terms and conditions.

In case a Claimant (even if insured comprehensive) is not the liable driver causing the accident, he/she will still have the chance to claim from the liable party directly, instead of a claim against own cover.

Given there is a comprehensive cover and the insured seen as a good insurance risk, meaning not have claimed in the past too much, and not having to face exorbitant insurance excess and/or other exclusion, it may be a good thing in South Africa, to claim from own cover.

If it comes to claim or defence actions, most or almost all, South African motor insurers act on behalf of the insured client, as stipulated in the insurance contract.

On one hand it will be easy and comfortable for an insured to lean back and let them pursue the claim, but on the other hand have to accept any outcome or shortfall, if applicable according to the policy.

Experiencing difficulties in the claiming process or disagreement/shortfall in a compensation offer, it will be very advisable to take experienced expert advice not to lose out unnecessary.



Salvage in a car accident           Salvage in a car accident


No contractual limitations will apply, if a party claims against another party, for the compensation of a "written off" vehicle

Claiming against a 3rd party, even they do have 3rd party insurance cover, for damage compensation caused in a traffic accident, those contractual limitations, as it may be in dealing with own insurance policy cover, will not apply.

No private contractual limitations, as insurance excess etc., that may have been accepted in the own insurance contract, to lower your premiums, are of no influence to a 3rd party claim.

A 3rd party motor accident claim only refers to the conditions of the law, saying the liable party must compensate another, suffered damages without 3rd party contribution to the cause of the accident, to the state the vehicle has been in pre collision, as either to repair the motor vehicle accordingly or pay the market value, minus salvage, or if no deduction of Salvage is at stake, subrogate or hand over the salvage, against full cash compensation.

The difference may be significant as the 3rd party must compensate to the state the damaged car had been in, as to before the accident, but not more than the correct market value, without any chance of downscale or impose other financial burden onto you the victim, of an auto accident damage.

The major argument to claim from your own comprehensive insurance cover, not claim from a liable third party, even given the other party is properly insured against 3rd party motor car damage claims, will be that you hopefully save time and let the recovery department of the insurance claim back the compensation paid out.

Another and better reason, claiming from own comprehensive cover, will be if the other party doesn't have insurance cover at all, as it may be worth accepting the shortfall, before pursuing an own claim against the 3rd party.



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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*

 
car accident in South Africa

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.

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


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.





If you want support to be compensated for your car accident damage RAMLA can be your one stop solution.

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


Salvage in a car accident           Salvage in a car accident



Market value . . . trade and retail value and Salvage

Market value of a motor vehicle, in general terms, is the price a willing buyer and seller agree to in a sale and conclude a deal.

Market value is as easy to find, as it is saying market. Market means certainly the conditions in a real world, if a car is for sale or one looking for buying.

That implies that circumstances, such as economic cycles, technical conversions, pre conditions of a particular vehicle, not only to type and mileages but even to technical and chassis condition, interior and/or extras, should play a role in a determination of a particular vehicle market value.

However in general it is not the case, as most people in charge determining any market value, will use schemes and formulas available or contractually applicable.

A good check for the acceptability of any determined market value can be a check in the real world as to find offers to buy or sell and compare such with the calculated one.

However it is only advisable to challenge a defined market value if there are proper examples to show a similar comparable vehicle as the damaged one, as to type - make - age - mileage etc., indeed show a remarkable difference.

Any such compared example must be accessible and be for sale or buy, in a reasonable distance from your home. It is not advisable to challenge any value determination for just a few hundred Rand, as problems will only unnecessary exacerbate.





As we are dealing with car accident damage compensation matters on our comprehensive web pages, the market value is a key figure in the process of determine compensation.

The South African law, states that motor car accident compensation must get the victim of a traffic collision, back to the financial state, in which the claimant had been before (pre collision), in regard of the damaged vehicle, before the traffic accident happened. But that only apply, once the other party will be found, or accepted 100% liability, for the cause of the car crash.

It is by far too often observed, that acceptance of 100% liability, in settlement offer from Motor Insurance Companies, is the exception rather as the rule.

Apportioning liability is a method of choice to downscale payouts and even a claim accepted on a basis of 70/30 in favour of a Claimant, can mean huge losses.

Depending on the damage values of both parties, i.e. if the damages on the insured liable driver are significantly higher as own damages, it can lead to a very small or even no compensation at all.

As a motor car loses value on a day to day basis, once on the road (Depreciation), this influence must be factored in, determining the market value of a vehicle, it is unrealistic to expect to be compensated for what price the car been bought for, even if just recently.

How much the market value may be, is dependent on the type, age, condition, extras and mileages of the motor vehicle.

But there are different methods in determining a market value. The true market value is the average price a willing buyer must pay, buying a used motor car, to specification either privately or from a dealership.

car accident in South Africa RAMLA can help clients in all MVA matters to solve problems professionally, claims, disputes (3rd party / comprehensive Insurance cover), review of declines with the Ombudsman (OSTI) and defensive actions against unreasonable or inflated claims, professional - affordable.    Contact RAMLA for your support to have a damage claim paid or defenced.      Contact     



Differently to the real world of car value, as is the offer in the market for used motor cars, South African motor insurance companies apply value schemes, determining the market value for its use to calculate.

Unfortunately those schemes are not pre dominantly made for the determination of general market values, but for the orientation of motor car dealers assisting its trade.

This schemes orientates on two values, the one is to determine the trade in value and the other to give an idea of a retail sale price.

The motor insurer takes the two values, that are corresponding to the type and specification of the vehicle in general, determining the value, as taking and adding trade and retail value and divide such /2. This method has no direct relation to the effective market value as mentioned above, as it is a theoretical value and serves foremost for car dealerships.



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Salvage in a car accident           Salvage in a car accident




Trade and Retail value are part of some insurance calulations to find the market value

Both - Trade and Retail Value - are listed in value schemes, such as book-value - Audatex etc.

The trade value, taken into consideration, represents a recommendation for a car dealer to trade in a motor vehicle. Trading in means buy a used car, with the intention to sell it, for a better price to cover cost and profit for the dealership.

Retail value, is the recommended sales price to the car dealer, the specified vehicle will probably sell for. No car dealer will be bound on the retail value, pricing the vehicle on offer. It's the market, which allows a higher or sometimes even lower price.

Marked value utilised for qualifying a car as a wreck, is commonly calculated by taking, a however selected value scheme - Trade and Retail value of an identified type and model, artificially adding together and divide by two, to come to an amount in the middle of both - now called market value.

It must be known that there are a number of different schemes, which all may differ in values for the explicit figures for a particular car.

One of those scheme values will most probably be selected and be taken to find the amount a South African motor insurance company will base a settlement offer on.

It appears to be obvious, that this approach to determine a true market value is not a fair one, but only a rough method to process a claim in the easiest way on a more standardised basis.

It appears to be obvious, that this approach to determine a true market value is not a fair one, but only a rough method to process a claim in the easiest way on a more standardised basis and should be crosschecked against the test in the real world of used car sales.



Commonly the retail value, listed in the dealer scheme, can be one measure to be in place, to determine a present motor vehicles market value, as it may be close to the auto trading world. The combination of trade and retail value, will ipso facto, leads to a shortage of compensation value.

This calculation must or will not represent your individual motor vehicles value. Your motor car may be worth more, due to some extras or less mileage etc., or it may be of less value, if the average criteria's utilised in the schedule, will be overshoot by some factors as high mileage or bad condition.

Market value, next to a professional calculation of repair costs, is the most important measure, when it is to determine to have or have not, a write off to be dealt with.

Any motor car must be professionally repaired if the repair cost does not exceed the market value. If a relating values will be calculated low or incorrect, it may well be a damaged car will not seen fit to be repaired, despite economically viable.

RAMLA can help clients in all MVA matters to solve problems professionally, claims, disputes (3rd party / comprehensive Insurance cover), review of declines with the Ombudsman (OSTI) and defensive actions against unreasonable or inflated claims, professional - affordable.    Contact RAMLA for your support to have a damage claim paid or defenced.      Contact      car accident in South Africa

An incorrect, most commonly too low market value and sometimes even in combination, a too high salvage value (the amount of money subtracted from pay out, as the scrap still represents some value) may lead to a very bad compensation, if agreed to.

Once the calculation of the repair costs, getting your vehicle back to the state before impact, are higher as the determined market value and uneconomical repairing in such regard, compensation will be granted to the maximum of market value, as the legislation regard this a the maximum compensation minus salvage or subrogation of the wrecked car against full pay.

The value of the salvage, must be realised either by hand over the damaged car to the other party against full pay or sold on the market, most often to salvage dealers or scrap yards.

The value of the Salvage will commonly be determined by the vehicle assessment or the insurance company/other party. Far too often, such assessment or offer is merely taken as a percentage of the market value, in the range of 20 to 50% of it.

As it will be difficult to determine market value on dealership schemes; it will even be more unrealistic to just take a percentage of the market value and arrive at a salvage value, without any individual check out, if the wrack can be sold in the range, leaving the problem to others.

A percentage of 20 will be a very low one and one at 50 to 40% a very high one. Some sort of realistic percentage may be around 30%, but it will still be a determination without facts and only be a number over a big thumb.

Especially scrap yards or scrap dealer even those specialised and called SMD - Salvage Management and Disposal, do know how vulnerable owners and seller of accident salvage cars are. They however do know how to make a profit of the scrap and the extent will be as better, as lower the trade in costs.

It's highly unlikely that a scrap dealer will take in salvages to pre calculated values, as they will often be to high for them to make sufficient profit out of the deal, but the pressured salvage owner, already concluded a settlement deal, doesn't have many chances anymore.



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Why good legal service is essential   to support your car accident damage claim in South Africa?


  Car accidents regularly comes with hassles   RAMLA carefully support you and claim professionally prepared to win your car accident damage claim for compensation.   Legal action will be taken immediately if the claim demands fall on deaf ears   RAMLA car accident claim management files your legal claim and interacts with local attorneys to your success



RAMLA is capable take complicated matters, such as a "write off" - totalled or beyond repair, case forward for its clients.






There are several approaches to find the correct market value. You will find that the party liable to pay for motor car accident damages will probably downscale the market value.

Most often the determination if it is a written off, starts with a motor vehicle damage assessment, done by an assessor working in the order and pay of the insurance. Such assessors are encouraged to downscale the pro rata damage as good as possible.

One relatively easy route to do, is to write off a vehicle at the earliest possible. A write off gives most opportunities to leverage values and alter payouts, as laid out above.

Frequently seen, a victim of a car accident, after a subsequent vehicle damage assessment took place, will not even be informed of time of assessing or about the findings, not mentioned that it may take some efforts to receive a copy of the damage assessment report.

Heaving received, read and understood an assessment report, is of outmost important to enable the claimant verifying the results.



An experienced supporter, such as RAMLA can help you further the way to fair and full traffic accident damage compensation.

Submit your accident documentation for initial review by RAMLA claim service, and receive comments and recommendations, absolutely free.





Salvage in a car accident           Salvage in a car accident



The definition to call a vehicle "written off" . . .

When you are involved in a car accident and the vehicle crash had left you with serious damage to your motor car, so that the cost of professional repair will exceed the pre-collision or market value of the vehicle, it will be called a "write off".

There are many self made experts and when looking on a badly damaged vehicle, they feel encouraged to categorise such damaged vehicle easily a write off, not even knowing if true or not.

We have had a number of reports, even Police Officers at the scene of the accident, get involved and telling people what they think and write off a car, once the Airbag may be deployed.

Please note, no layman can with some degree of reliability say if a car is indeed a write off. Only after a thorough damage assessing a status write off can be established, as it will be the case once the necessary professional repair cost, to get the vehicle back to pre collision state, will exceed the true market value.

We like pointing out that badly damaged looking vehicle may not always be a write off at the end and another car look quite ok, can be end up to be a write off. All depends on the particular damages and its repair values.

A vehicle whose cassis is bend and therefore do have structural damages and cannot be repaired, will be difficult to detect with the naked eye, but certainly be found during a professional damage check.



Write off conditions the Law defines and those definite by an Insurance contract

The law is the general rule made by lawmakers and enforced in Courts of Law. The rule by law, for writing of a damaged vehicle is - once the necessary professional repair cost, to get the vehicle back to pre collision state, will exceed the true market value.

However the law allows citizens or entities to conclude contracts that lay out contractual relationships between contractors such as Insurer and Insured. Those privately concluded contracts can to some extent, overrule the valid and general applicable law. This is particularly so in any Motor Insurance Policy and its terms and conditions.

That means, comprehensive insured persons may find different rules and conditions to write off a damaged vehicle and apply additional compensation methods.

This for example can lead an Insurance claim negotiator to decide a write off already below the conditions of the law, ie, if the damage amounts to a certain percentage of the determined marked value.

Some Insurance Companies go as far as 70%, or even below, to allow for writing of a damaged car for insurance purposes. The details and provisions when and how to write off a car, must be stipulated in your terms and conditions.



The terms of your insurance policy may have a significant impact, of when and to which conditions, a motor vehicle can be called a write off, but only under comprehensive cover rules.

Once a motorist claims from a 3rd party, meaning the victim claims from the liable party or the insurer behind him/her, only the conditions of the law will apply in determination, if and when a motor car will be indeed be written off, being the case only, if the fair and reasonable repair costs, exceed the unbiased and market related value of the motor car, before the impact.



In a third party claim such limitations don't apply, and writing a motor vehicle off, can only be established once effectively the repair costs will exceed the fair market value.



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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.


Purchasing another car to similar condition, for the amount been compensated, can be a challenge

As a motor accident happened, there is nothing more to do, as containing the negatives to the smallest possible effect.

Repairing a severe damaged motor car, called a write off, is not always a good option and only suitable for those, who know exactly what they do.

But a motorist lost the motor car in the crash, want and need being back mobile, meaning another comparable motor car must be found, best to the price of the compensation offer.

The recommendation will be, to check about the opportunities in the market for used motor cars, finding a suitable vehicle, before accepting any settlement.

Requesting the other party to supply you with such comparable and suitable motor vehicle, instead pay-out of compensation is an option but doesn't often be heard of nor accepted.

As mentioned any attempt to draw on matters to buy a comparable replacement, orientated on close and similar specifications, such as type, miles etc., should be checked out before a concluded Settlement.

If it turns out the market will not offer any suitable purchase, similar to the loss and compensation conditions, it is an indicator that the compensation at stake is not sufficient.

That may mean, either to accept a shortfall, if a settlement will be concluded or a dispute is at hand and need to be addressed, as commonly the market value in the settlement calculation is to low or deducted Salvage to high.

Once the settlement offer is signed, there will be no way back, if it turns out that there will be no such suitable auto replacement available, and any extra expenses will be to the burden of the victim.



Salvage in a car accident           Salvage in a car accident




Salvage and disposal of the wreck or scrap

Most of the time, the damaged and scraped vehicle, will still represent a certain value, called salvage, that needs to be deposed of, either remaining the property of the claimant, against deduction of the financial equivalent from the pay out, or become the property of the party or insurance company, that pay out the full damages.

Next to the question of correct market value, the determination of the salvage value can be a factor of dispute, but furthermore the practical disposal of the wreck, can be a challenge.

A wreck, or salvage in a motor accident, can be sold privately to a SMD (Salvage management and Disposal) or scrap yards etc.

It must be expectable or even assured, that the salvage can be sold for the value calculated in the Settlement agreement, once a claimant is demanded to dispose of it in order to receive fair compensation. Any shortfall in the disposal or sale of the scrap is a shortfall of compensation.

It will bear a risk, disposing the salvage without already having an offer to purchase, to the condition assessed and applied in the settlement, before eventually concluding the settlement and sign.

The disposal of a car accident wreck, may bear some challenges, as to who will be a buyer, how to find a potential and fair purchaser, getting the wrack off a storage place in time etc. and for someone never done such sale, it is to think about again, before accepting the duty to dispose.

car accident in South Africa RAMLA can help clients in all MVA matters to solve problems professionally, claims, disputes (3rd party / comprehensive Insurance cover), review of declines with the Ombudsman (OSTI) and defensive actions against unreasonable or inflated claims, professional - affordable.    Contact RAMLA for your support to have a damage claim paid or defenced.      Contact     

It is however sometimes possible, for a hands on knowledgeable person, to repair a wreck just to lower costs as professional repairer can do so. Being declared a write off doesn't mean it's beyond repair at all. It's only meant to be not economically worth, if a professional auto body repairer do the work.

It must certainly always be looked onto the individual circumstances, but only a person who know exactly what to do, should consider disposal or even repair the wreck to own conditions.

Enforcing a repair of the car, despite the facts uphold the status of a write off, is not possible and must be accepted. Enforcing a repair despite uneconomically to be repaired will not be covered or supported under South African law.

But it is often observed, that the assessors from insurance companies, send for a vehicle damage assessment, qualify a motor car as "written of" too soon and not fair, as it opens up some avenues to downscale the damage value.

Some insurance companies in South Africa, trying making own rules sometimes as they are aware, against valid law, to what they try and qualify a write off and what they are likely to accept to pay for compensation, even in 3rd party claims, just taking the weight of them against a regular claimant and argue, take or leave it.

Such take or leave offer, can sadly commonly only be challenged with legal actions in a court of law.

It is proven fact that some insurance companies apply "standard procedures", by i.e. making just a percentage of the assessed value of the damaged vehicle as a basis to decide make it a "write off", which is against the law in 3rd party claims.

Influencing a compensation offer and a change it, can only be achieved, before a settlement agreement is signed.

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car accident in South Africa RAMLA can help clients in all MVA matters to solve problems professionally, claims, disputes (3rd party / comprehensive Insurance cover), review of declines with the Ombudsman (OSTI) and defensive actions against unreasonable or inflated claims, professional - affordable.    Contact RAMLA for your support to have a damage claim paid or defenced.      Contact     



Relinquish Salvage to the Claimant or Insurance

Relinquish a motor car to the Insurer or to another, who paid for accident damages by pressure or force, will apply only if any contractual condition will stipulate so, commonly in an Insurance Policy, give the Insurer the right to the option to request transfer of ownership and possession.

As mentioned earlier Salvage is one part in- write off - compensation, as to the fact that the wreck perhaps can be sold to someone for cash, so the established price or value is confirmed.

If the wreck isn't sold before calculating to compensate for a write off claim, the value must be determined, either by an Assessors estimate or by other means, as to apply a percentage from the found market value, as a guide to find a value for a particular car wreck.

It must however be clear, that any percentage determination will only be an estimate and may have no real correlation to the scrap value on the market.

The disposal or sale of the scrapped vehicle must be taken care of, in order to realise the money, as part of the compensation.

As in many other ways of dealing in South Africa, some are specialising in dealing with scrap, in order to make some profits.

Some Insurance companies do have bulk sale contracts with scrap yards or foremost with SMD - Salvage Management and Disposal. Such businesses pay the Insurer for all and any they trade in, a specified equal amount, of i.e. 30% of the calculated market value for compensation, regardless of the condition or real world value of the wreck.

Motor Insurer decide how to deal with scrap disposal, particularly in comprehensive cover policies and if they opted for a contract to dispose scrap throughout the above channel, they will insist to get the wreck relinquished - take over ownership and practical possession - in order to sell it further to such disposal specialist, for a reliable and pre known return.

It is difficult to say, if this way of disposing accident wrecks is a good way.

But it is certainly one to go, as for a regular motorist or car owner, it may be difficult to find a fair offer to sell any scrap to a willing buyer for a fair cash deal.

On the other hand this over all buy contracts can influence scrap value sale prices, bringing them to the lowest possible level, as certainly all dealing with scrap are profit orientated and some are even greedy aw others act in a almost criminal manner, particularly if in connection with storage fees.

For some however, the need to relinquish the scrap is bad news, as they intend to maintain ownership and stay in possession of the wreck, in order to repair/restore it themselves.

As to contractual conditions in comprehensive policies, they may however be obliged to relinquish and can only buy back the car from those dealers the Insurer sold the car against the Insured's request.

Getting back the car, will need to accept the sale price and conditions of those new owners, which - with no surprise - must cover their costs and profits.

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A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
                                                





Nationwide RAMLA Claim Service
SMS your problem to RAMLA Cell

076 770 3179     or best send an
e-mail ramla@ramla.co.za







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

Car accident issues that matters most:





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

Taking on disputes with motor insurance companies, engage and solve unfair declines or incorrect apportionment of damages, oppose a wrong assessed Quantum, or take a matter on review with the Ombudsman (OSTI), to get a matter of comprehensive insurance dispute reviewed.

Sometimes, if a matter cannot be resolved in a full attempt, and the case need to be heard in a court of law, should all fail to find a solution in pre-litigation, the escalation to a court of law is inevitable, we will suppot the action.

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

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

We work only on motor car accident matters.

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

Welcome to RAMLA

Road Accicent Management & Legal Action - South Africa




RAMLA - is an experienced legal expert in most MVA - Motor Vehicle Accident - issues.

We act professionally and decisive for the - Demand of damage Compensation - Dispute Resolution - Defence against inflated or unreasonable claims, as well as for damage recovery caused by bad workmanship after car repairs.

With more than ten years of professional experience, well educated stuff, knowing the subject of car accident issues and solutions, we have advised many, many inquirers in the first steps to take for a solution,

- free of charge - ,

and over the years, served a high number of clients to solve differences with parties, addressed compensation actions, acted against unfair Motor Insurance declines or short falling settlement offers, pursuit reviews with the Industries Ombudsman and filed law suits and defences.

RAMLA do know very well, that all cases are individual and need particular attention to the details, as only a well structured and factual claim can have chances to success. With us, you can feel save.

If you valued visitor of the RAMLA web information platform, do have any such problems listed above, you may well be good advised to contact us and brief us - best by email - with what had happened and may be your problem.

Our initial reply and advice will be free of any charges or obligations,

but an active pursuit of a claim or defence will come with some smaller fees.





















 

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

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

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

It may either be that there is no response from the liable party or the Insurer, the other party repudiate, apportioning damage liability leading to a short falling compensation offer, or any other claim decline, such as to violation of Insurance terms and conditions. All need experienced attention.

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

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

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

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

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

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

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





 

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







Nationwide Claim Service

SMS RAMLA to 076 770 3179
and let us know the problem, or much better send an e-mail to:

ramla@ramla.co.za








 
In order navigating the comprehensive RAMLA information platform, check out the keyword or FAQ section to find what you are looking for or just send us and email to tell us the problem you face





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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:

Legal profession

Panel beater or auto
     body repair workshops


Independent vehicle
     damage assessors


enhancing mutual business at no cost to either side.

Please follow the link to the industry above to learn more about the offer.




SMS "network" your name and industry, place of business to 076 770 3179
and we call you, or send to
e-mail info@ramla.co.za








 

Motor Insurance Disputes



An insurance claim, either as a third party or comprehensive claim can come with a number of challenges.

Having the knowledge and experience, is a prerequisite to stand through against sometimes very strange arguments or decisions utilised by South African Motor Insurance Companies or its Brokers.





 

Ombudsman for short term Insurance (OSTI)



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

That means only contractual issues can be given for review and no 3rd party claims issues can be addressed to the Ombudsman.

Many people believe in objectivity and sympathies the Ombudsman may have to issues, believed to have been made unfairly by any Insurance decider.

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

Too often the decisions taken by the Ombudsman's office are backing the Insurance decision, particularly so as the evidence provided hasn't rebutted the Insurers argument, due to lack of knowledge.

The often one-sided information provided by the Insurer, even without verification, is taken for the decision, if a client in need for help doesn't know how to repudiate false or weak allegations and the matter will most probably be lost and the Insurer rests relaxed.

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




 

A reluctant party try to hide and not engage?

Don't allow a party to act in such manner. A liable driver must take responsibility, but it can be a challenge if you have been too patient or trustful of promises and the other do know how to make you struggle.

It must be noted that a claim is easier declined than proven, and factual proof is what is meant the claimant has the onus of proof.





 

Companies don't engaging into claims they are vicariously liable for its employees

Companies are in some circumstances responsible and vicariously liable for employee's action and damages, if in charge for the business.

Despite most such companies may maintain a valid insurance cover, not many are open to an amicable solution and reluctant to support a claim.

The problem may just be that those who employ personal which need take part in public traffic in order to do the job get too much involved in car accidents throughout the employee's mistakes and don't like seeing the insurance cover in danger or face higher risk premiums.

There are commonly more difficulties to get matters processed as if claiming against a private person.

Our advice, get support as soon you feel something may not go as expected.





 

Alcohol or drugs a driver has abused but driving a car under the influence and causing the accident

Alcohol or Drugs shouldn't be consumed when on the road, for good reasons, and prohibited by law.

Once alcohol or drugs are suspected or proven, any insurance cover will lapse and no compensation can be expected covered by any Insurance.

However, the misuse of drugs and or alcohol must be proven in a professional manner.

It will not be acceptable, if an Insurer or another party just allege the other being intoxicated.

No witness or any observer can detect any or the degree of intoxication, even if they are medics, without scientific analyses, there is no proof.

Breathalyser and professional medical laboratory tests must show if any intoxication and to what degree, to get a claim declined or even to make one against another.





 

Market value, trade and retail value, scrap or salvage are all part in a "write off" case

When it comes to more serious car accident damages often repair costs are high. Should repair costs exceed the market or pre-collision value of the motor car, it will be called a "write off".

Unfortunately many of those been written off is caused by a decision of an Insurer.

The manner in which the car values of a highly damaged vehicle being evaluated, is by applying value schemes, often inappropriate schemes or wrong assessment results should be challenged.

A write off can cause many hassles in some regards.

There are some value schemes offering private persons a one time free value check.

Below as an example, TransUnion Car Value

www.carvalue.co.za

Anther source will be www.book-value.co.za as well as www.autotrader.co.za





TransUnion Car Value Scheme

www.carvalue.co.za














    Disclaimer: Although all reasonable efforts have been made to ensure accuracy of the content, displayed on the RAMLA web-pages, no warranty is given regarding the accuracy or completeness of the content or its suitability for any purpose.
Use of information whatsoever will be entirely on own risk. No claims for loss or damage arising from reliance of the information supplied will be entertained.

    Copyright: No copy in whichever way is permitted, without written confirmation by the author. No use of information is permitted for commercial purposes. The copyright includes reproduction and adaptation of any content and is expressively
reserved to the publisher RAMLA - Road Accident Management & Legal Action under section 12 (7) of the copyright act of 1978 - South Africa     All rights reserved.

Conditions: for free first claim analyses: RAMLA offers first free analyses of your motor accident case, in order to enhance your confidence. Therefore some data and material will be needed to submit to RAMLA for an individual reply. Under
such circumstances, RAMLA will have the free copyright to publish case information and of photographs on our web pages, designed to inform others about real instances, without exposing your private data.


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