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This RAMLA web platform providing much information on almost all interesting issues in connection with MVA - Motor Vehicle Accident - matters. If you do not find you look for, use our keyword search page and look for the related keyword.
Motor car road traffic accident damage recovery, is what our subject is all about.
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Below please find some issues and occurrences of common interest, listed and linked.
Car accident issues that matters most:
Keywords Section - X Y Z
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Caught up in a car accident
in South Africa, may force a party to claim damages from the wrongdoer,
or may lead to the need to defend against inflated or unrealistic claims.
RAMLA - Road Accident Management & Legal Action
Car accident lawyers and professional claim managers, enforcing traffic collision damages, effective, decisive but affordable.
Caught up in a traffic collision were motor cars/vehicles been involved, most of the time material damage or damage to property such as cars or other amenities, will come along with the impact.
An impact causes damages and compensation for repairs is automatically at stake.
RAMLA do concentrate on material or financial damage compensation claims, to get you be paid from the wrongdoer and/or liable party, in an accident scenario.
Such compensation claim can be one directly targeted against a wrongdoer in person, or dealing with representatives such as Lawyers or Motor Insurance Company claim deciders as a 3rd party claim.
Any claim needs to be funded on evidence and factual arguments supported by proof.
Proofing a claim is often easier said as done, as proof comes - in almost all cases - from the circumstances of the accident and evidence need attention right at the scene of impact.
Given if it is missed to secure evidence at the scene and its been not thoroughly attended to, it is time to do it now and act to secure all facts possible.
It is certainly not impossible to get such evidence, even in time after the accident, but it can be more difficult.
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Free case analyse!
Dear valued reader, checking out the RAMLA car accident compensation platform; obviously you do have some traffic accident damage issues to solve.
Contact RAMLA for a free check and advice about your particular case issue. Just tell us about what happened and problem you face.
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It may happen that potential witnesses left without identification, debris be cleared, faulty traffic lights be repaired, or CCTV footage deleted.
Pictures from the scene, document vehicle positions - damages etc., can only be taken, if and when cars still be in its places, which - once available - will have significant value in proofing facts and help reconstruct the impact or scenario.
As much important evidence is in itself, it is evenly relevant to know how to use it.
The ultimate goal is to be compensated for losses.
Experience is needed to be knowledgably and competently in order to address a claim and achieve a fair compensation pay.
Once a claim formulated, documented and served, still the reaction of other parties needs to be waited for and the content thereof to be analysed.
Results will define actions as what steps will or need to be taken next.
As a claim is formulated and supplied, it is to no certainty that reporting a fair claim, even if it is well documented, must lead the other party agree and accept and certainly pay the damages claimed.
Disputes can arise about the way all unfolded, the question of liability can be seen from different points of view, damage value or Quantum be under dispute and many more aspects of disputes can be raised, too much to get to in this column.
Another weak point can be a lack in knowledge how to handle a compensation claim.
People only looking for some advice only a while or even after a longer period of time, past the actual accident, and visit Web Pages such as this one you browse now - often late, and in the meantime doing all they can to address a compensation action to his/her own knowledge.
Many try to act on what may be at hand and they find and regard themselves to be fit for it.
This may work for a number of cases, as matters are clear and facts at hand are strong in its evidential role and the opponent or defendant do not argue unfair.
However it would be too optimistic to believe it is the normality. It is not, as it is almost the opposite, as many cases end up unsatisfactory.
Results or settlement offers may be incorrect in adjustment of liability, often named as contribution to the accident, by not adhere to all the duties, citing perhaps unreasonable precedents and/or allege and apply apportionment.
That may lead to significant losses, shortfalls or complete denial/repudiation of a claim.
Not any layman may be qualified to see through all of that and know if all what one faces in terms of reaction or settlement offers, will be fair and correct.
We do believe it is worth taking time and effort to check out on any doubt, before accepting any proposal.
Sometimes bodily injuries occur in a vehicle collision inflicting harm and pain to humans.
Even bodily injuries do have in some way a financial component and a victim need to be compensated in order to cope with recovery and subsequent costs etc.
However - we the author of this Web Platform - RAMLA - do not deal with bodily injuries claims.
Many specialised lawyers offer its services to solve matters pertaining a RAF (Road Accident Fund,) - bodily injury compensation claim, but the South African Government recommend a victim to first check and find out if one can claim without any specialist, in order not to spend a large portion of compensation on Lawyers fees.
We are specialised expert's in all respects to motor car accident damage compensation
claiming damages, defending against unreasonable or inflated claims, working in Motor Insurance disputes, in all those subjects over a long period of almost 15 years.
We attended thousands of requests, analysing, supporting and pursue material car accident claims, expertly, effective, economical and affordable.
Such excellent service can be to your service Nationwide, in South Africa.
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Free case analyse!
Dear valued reader, checking out the RAMLA car accident compensation platform; obviously you do have some traffic accident damage issues to solve.
Contact RAMLA for a free check and advice about your particular case issue. Just tell us about what happened and problem you face.
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Road Accident Management & Legal Action (RAMLA) can professionally represent clients, taking care of their interests, which can be the solution you may look for.
You will find a lot more of useful information on the RAMLA web pages.
Check out for keyword links in the left column to select your topic.
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Not each and every car accident compensation claim will handled fair, correct and reasonable.
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Initially important is, to know the definition of what we have to understand, is full and fair motor accident damage compensation.
But even before doing so, we have to clarify that the South African System of motor car accident compensation, is split into the sector of bodily injuries, which deals with compensation actions regarding injuries to the human body and material damages, such as compensation for car destruction or consequential damages.
The RAMLA web pages, you are browsing currently, only focus on material damage compensation and civil claim actions to be financial/material losses paid for full and fair, resulting from traffic accidents.
In terms of compensation, the South African law say:
You should materially be compensated to the state before accident, so that you will be able to repair your car to pre-collision status, or if repair cost will exceed such pre-collision or market value; and the car be called a write off, be compensated to the amount of money the car been worth to time of impact, minus any sellable value or Salvage of the vehicle.
That means either you cannot expect a new car (some exemptions excluded here i.e. if your motor vehicle new, not older than a year since being on the road the first time, or depreciation kick in, if your car is fairly used and the marks of wear and tear, impacting your auto value to a specific time.
But even an older motor car must be repaired to manufacturer's standards to maintain the roadworthy status, as long as it will not be a write off.
Motor car accident damage claims may get into difficulties, once another party do not agree with what is claimed for.
Differences may be to condition of Quantum/Repair costs or of Liability.
Disputes must be addressed and corroborated by factual evidence, such as witness statements or pictures, CCTV footage or any other suitable evidence.
A successful claim should be supported by merits, so the other party do not have much to argue, but compelled to accept the claim demand and pay.
A claim launched with your own motor insurance company (comprehensive claim), will have to look on what you have covered under your policy, before any acceptance can be decided upon.
Depending on the cover taken, it can be the insured did accept some contribution, such as excess and the claim process need to be according to terms & conditions of the insurance contract.
A 3rd party claim, directed to the perpetrator however, must give you full compensation and no clauses, as insurance excess or any limitations in a insurance policy apply. Only the law of delict will be applicable to decide liability.
Any claim for car accident damage compensation can go wrong, be disputed or even declined.
As soon as in the process of a claim pursuit any disturbance or unusual investigation requests are noticed, it will be highly advisable to check critically, if your own knowledge and skill is sufficient to perform a vehicle crash compensation action your own, or if you should consider practical support by professionals.
A claim for compensation against another car driver or vehicle owner is a process and cannot be explained in a sentence.
There is a lot about the way to claim and about dispute issues or problems, that can occur in a particular and always individual case, on our comprehensive WEB info platform.
However, as it is often the case, individual problems need individual answers and/or actions.
You are invited to contact RAMLA for a free initial case analyse and advice, by contact us by email ramla@ramla.co.za tell us what happened and the problems you face or expect, for a free reply and advice.
Should you do not like contacting us now, but need more information, check the keyword list to select your issue and find more on the linked page.
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Free case analyse!
Dear valued reader, checking out the RAMLA car accident compensation platform; obviously you do have some traffic accident damage issues to solve.
Contact RAMLA for a free check and advice about your particular case issue. Just tell us about what happened and problem you face.
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Inflated or unjust claims need proper defence against unreasonable vehicle accident compensation actions
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Defending against inflated claims isn't as challenging as perhaps thought.
Defence against unrealistic, unjustified or inflated claims is a need to do, if alleged to be held liable for car accident damages, which do not fall in your responsibilities.
It is always an inconvenient situation when defensive actions are needed, as to alleged of wrongdoing, which isn't true or fair.
However any person unfairly accused of wrongdoing and causing damages to another in a motor car collision, must enter into defence, not to risk to be sued and end up innocently be judged against one and subsequently face execution, against all of your property.
It should be noted that a claim against a person, is only dangerous, if not defended properly.
Defensive actions mean, deny a claim and its accusation, simple and clear and request proof of facts and merits.
Only if such evidential facts indeed be supplied and its content suest not to allow challenging the accusation, it will be advisable to look for a compromise or settlement agreement.
It must be known, that a person sue another in a Court of Law, must proof that the allegations are true and fair on a balance of probabilities.
Should such a proof cannot be shown, a case is lost and dismissed with costs and the Defendant is released from any liability or compensation payment.
In order to avoid unnecessary risk and hassle, it is highly recommended to utilise professional support to rebut unfair allegations, not to lose out on reasons of lack of knowledge, how to act against such allegations.
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Free case analyse!
Dear valued reader, checking out the RAMLA car accident compensation platform; obviously you do have some traffic accident damage issues to solve.
Contact RAMLA for a free check and advice about your particular case issue. Just tell us about what happened and problem you face.
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RAMLA is a specialised expert in all MVA matters, claims, disputes (3rd party / comprehensive Insurance cover) and defensive actions against unreasonable or inflated claims, professional - affordable. Contact RAMLA for your support to have a damage claim paid or defenced. Contact
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Motor Vehicle Accident
We offer the solution in Car Accident matters, analysing, supporting, demanding, corresponding, negotiating, settlement agreements and further taking matters to a court of law in South Africa, if no amicable solution could be found, in pre-litigation, to best favourable conditions in a professional and decisive routine.
Facing challenges with motor car accident issues in South Africa?
RAMLA will be the solution,
demanding compensation, resolving disputes, defending against inflated or unreasonable claims,
in all sectors of vehicle accident damage compensation problems.
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Motor vehicle accidents happens every day on public roads, often causing damages to property
Utilise the affordable professional solutions RAMLA offers clients in South Africa, to solve such repercussions.
Salvage - Scrap - SMD - disposal
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Your specialised legal expert to sort out MVA matters
Professional - competent - swift - decisive and affordable
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Road Accident Management & Legal Action
The first stop solution for any MVA problem
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Salvage of a vehicle - Scrap value - SMD
. . . are important factors in a claim for motor car accident damage compensation in South Africa
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- Salvage of a vehicle - Scrap value - SMD ?
Motor car accidents that ends up with huge damages to a motor vehicle, will be assessed and checked on several issues, in order to find out if a damage being economically repairable, or if it may be a so called write off qualification.
Write off means, professional repair cost will exceed the fair current market value of the particular vehicle, or as the law stipulates, the value in monetary terms the motor vehicle been economically worth, before impact.
Once damages to the vehicle has been assessed and found that the repair cost of the vehicles accident damages will exceed the value (amount of money) the motor car, it had been worth to its pre-collision status, the result will be the vehicle will be "written off", which means not to be economically worth being repaired, in a professional and proper manner, according to factory specification.
One of the challenges in analysing the real "write off" will be the correct application of the current market - pre collision - value and of course the amount of money applied to be deducted as Salvage from any compensation pay out.
In a case dealing with a person, uninsured against accident damage claims, that may not be the big issue, as often fairly cecked in the real market, but in dealing with motor insurance companies, it may well be one.
In terms of deciding on market value, often t hose listings made for 2nd hand vehicle dealers will be used in some modified way to establish a theoretical market value, not always correct or applicable, but often not worth to fight about.
In determination of Salvage value however, it appears to be incorrect in many cases, if not in the majority of all.
We find it very strange tat not more accuracy been taken into account to calculate the real scrap value, which is the amount of money the real economy will pay to buy such damaged car.
Finding salvage value listed in an assessment report or settlement offer, been made out in some percentage of the assumed market value, one should instantly be on alert, as often such applied value may not be correct and as part of the compensation, can easily lead to shortfall in pay out, if accepted just as is.
Any Salvage value in percentage below 20% and above 35 to 40% of te market value/pre-collision value, can most likely be inappropriate and should not be accepted without proper double check, best be done professionally and supported by a finding report.
However, the real value of any Salvage or scrap vehicle, will only be determined, if it has been offered for sale to a willing buyer.
In a dispute about the correct salvage value, it should be offered to more as just one potential buyer. Get any offer, even if it may be of so little value that it appears to be unacceptable, in writing - email is fine, but it should have the information to positively identify the potential buyer, to verify the offer, if a dispute needs to be solved, in a review or in Court.
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RAMLA can help clients in all MVA matters to solve problems professionally, claims, disputes (3rd party / comprehensive Insurance cover), review of declines with the Ombudsman (OSTI) and defensive actions against unreasonable or inflated claims, professional - affordable. Contact RAMLA for your support to have a damage claim paid or defenced. Contact
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There are two major differences in the way an Insurer may deal the disposal of the damaged car or "Salvage".
1. The one Insurer may want to take over the scrap and supply it to any kind of SMD or scrap dealer based on a general contract, as to which the buyer (SMD or scrap dealer) pay an upfront agreed percentage of the market value to the Insurer. The cover will then pay out what is due to the victim, without having him/her in trouble to deal with the disposal of the scrap, which may well be a challenge to get from the market, what the Insurer has put on a price for it.
2. Another Insurer may fight tooth and nail not to take any disposal of such wrecks, but apply a value to the Salvage, very much often just a undisclosed and not verified percentage of the market value, letting the victim with the challenging task to dispose the wrack for just such amount, which often turn out not to be market related and to a high percentage just too high, leading to curb pay out and a shortfall of accident compensation for the victim.
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.
More how contact RAMLA, in what way best to do and what we need knowing to reply
Your specialised expert to sort out MVA matters
Professional - competent - swift - decisive and affordable
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Salvage and Scrap are important factors regarding compensation
Headlines and Issues on this page
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When can a badly damaged motor vehicle correctly be called a write off?
This crucial matter should not be underestimated as it can make all the difference, if a vehicle may be unreasonably called a write off.
Damages caused in motor car or traffic accidents can be severe but repairable and more badly or difficult destructions, may be as intensive that the tasks and costs to repair such damages be so immense and costly, that such repairs would take more money to do repairs, bringing back the damaged car to the state it had been in before impact, as the vehicle be worth in the undamaged condition, before the accident.
If that be indeed the case, such vehicle will be fairly a write off.
However there are some codes made available of how severe the damages may be and show if a car can be rebuild to roadworthy at all, let alone costs. We don't deal with those codes here, as we deal with a damaged and written off vehicle for compensation purposes and such do not have effects of codes, once indeed a fair write off.
The codes may be interesting for someone who will be willing and able to rebuild the damaged car by own means and not just to professional repair services and costs.
It is South African law, that a party liable for damages caused in a traffic accident must compensate the other party, to the pre-collision status, but not more than the actual market value, to the time before impact.
Finding the correct market value, is sometimes a challenge and South African Motor Insurers most commonly make use of vehicle damage assessors and its tool, to find out and determine - possibly as they deem fit, if the damaged car is worth to be repaired.
Once a vehicle is correctly called a write off, the value of the wrack of the automobile will be worth a certain amount of money, still in the heavy damaged condition. This amount of value is called salvage and the equivalent of it will be subtracted from a compensation pay-out.
It is therefore most important that the scrap value, or salvage calculated and deducted, will be not more as what the scrap actually will sell for, to another person, scrap dealer or SMD trader. If the money coming in from a sale of the scrap will not be equal and short to the calculated salvage value, the compensation will not be paid in full, but the settlement concluded.
Getting the damaged motor car repaired back to the state it has been in, before the accident, is the norm and not always a vehicle named a write off, will indeed be one and possibly still be worth repairing it. That means not just accepting any suggestion have a motor car called written off, without a professional double check of the matter.
Some Motor Insurer tend to apply own rules, when they say the damage isn't economically worth repairing, i.e. if the repair cost will just be 70% of the market value. Such contractual limitations or conditions determining if and when a motor vehicle can be written off, only apply in terms of claims from own comprehensive insurance cover, according to conditions set out and made public to the client, to the time of concluding the policy.
The scrap - the damaged motor car found not being worth repairing - will still represent a certain amount of value selling it, unless not even a scrap dealer will pay anything for it. The calculated salvage value, proposed in a settlement offer, should be assessed individually by an auto assessment expert. If calculating or determining the salvage value isn't correct and mirror what it actually can be sold for, the possibilities of risks and losses are obvious.
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RAMLA can help clients in all MVA matters to solve problems professionally, claims, disputes (3rd party / comprehensive Insurance cover), review of declines with the Ombudsman (OSTI) and defensive actions against unreasonable or inflated claims, professional - affordable. Contact RAMLA for your support to have a damage claim paid or defenced. Contact
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If the damage compensation calculation just reveals a certain per cent age (i.e. 30% of the market value) it should be looked on the matter closely, and made sure the scrap indeed can be sold for the indicated value. Remember, the salvage value, will be deducted from a calculated pay-out, if the wreck is supposed to remain the property of the claimant.
It may well be a good idea and leave the scrap for disposal to the liable party or the motor insurance company, insisting in return a full pay out of the market value, without deduction of salvage, in turn of subrogation of ownership.
The amount of money the scrap can or should be sold for, is called the salvage value of the car.
Salvage value can be minor, or even make out still a lot of money; given the badly damaged car have had a high value, before the impact. In today's times auto repair costs are high, and market value drops day by day, or for insurance purposes month by month.
Once a motor car has some age and mileage, the chances are that severe motor accident damage, will lead to be beyond economic means to be repaired, called a total loss, and written off.
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.
Welcome to utilise such valuable absolutely free inital advice. *
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| RAMLA can be the solution in MVA matters
Do you know that RAMLA is a specialised expert in handling and enforcing or defending all kind of MVA (motor vehicle accident) matters, pursuing motor car accident compensation claims, Insurance dispute resolutions, for its clients - effective - professional - decisive and resolute, to best and affordable fees.
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As you probably have recognised on our comprehensive web information platform, we do know what we are taking about.
We do invite anyone in South Africa, facing an MVA (motor vehicle accident) problem, to contact us for a first - free - analyse of your particular matter and get initial advice how to proceed.
As a specialist in traffic accident recovery actions, we act for clients/members in the relevant manner, but based on a paid mandate or membership, if a need of practical support arises.
We do offer a free first advice, to determinate your case and give you a direction how and what may be the way forward, in order to build confidence with a potential client.
As professional specialists, in charge of acting in motor accident damage claims in South Africa, we offer a well performing, decisive and demanding claim pursuit, at affordable fees.
It's so easy contacting us by email.
The effective way will be sending an email containing the nature, damage and problems detected. Once sent through to us, we will study the matter and after analysing the facts, we get back to you by email (most commonly within about 3 hours), with the result and advice,
- free of charge.
If you like to explain your problem to our claim manager on duty, you are welcome to contact us by phone for an initial briefing on cell 076 770 3179 (standard rates apply).
For best results: dont't just call, once you took notice of the opportunity!
First think what you like to get accross, best file it as email and call therafter.
For reasons to convince you not just calling immediately, please follow: how to contact RAMLA successfully.
It will be much more effective; if we do get a briefing of the matter via email, before a telephone call, so we will be prepared answering your questions.
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Car accident compensation claims for damages, may cause some headache,
in South Africa.
RAMLA can be the solution to sort out MVA problems.
Not everything in a compensation action goes smooth and the way wanted, as we are confronted with numerous possible challenges.
RAMLA is a specialised expert in material car accident damage claims,
demanding, enforcing compensation actions, supporting disputes with Motor Insurance Companies or its agents, work in Ombudsman's review cases, or defend a motorist against unreasonable or inflated compensation claims.
Contact RAMLA to analyse your case, and get a free opinion where you stand and what to do next. You can contact RAMLA 7/24 and receive a response soon.
It's so easy, just e mail your story and attach what you got to make the RAMLA claim manager understand your problem.
Just draft a brief report of what had happen and send it (use this mail link) to RAMLA for free analyses and you will receive a reply soon.
Contact us now and let us know how we can help you?
email us your story and details to ramla@ramla.co.za for a free first analyse and advice.
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RAMLA offers full legal support to solve car accident claim, a comprehensive claim preparation and action to enforce compensation, all the way up to a court case.
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Dealing with scrap or salvage in terms of damaged cars
Given the motor vehicle is correctly called a "write off" it must be dealt with, sold, repaired or broken off for spares and eventually scraped.
Another aspect will be, who must act and deal with the salvage. Someone must practically deal with the matter, either the actual car owner, the party liable to pay or if insured, the motor insurance company, one of those must work and do the disposal.
For a victim of a traffic crash, most commonly a layman in dealing with scrapped vehicles, it may be a real challenge to effectively deal with the disposal.
If someone dealing with it, don't having connections or do know places to sell the scrap, may experience problems and receive adequate money for the scraped motor car.
The car owner and not liable for the cause of the traffic accident, will either get the salvage value paid out, and the scrap become the property of those paid full market value, or been offered a calculated salvage value, deducted from the determined market value and remain the owner of it.
Once the other party don't want to take over the property in turn of payment for salvage, and demand leaving the salvage to the car owner, reduce pay out accordingly, the decision needs to be made, if that will be acceptable for the car owner.
If the car owner being forced or demanded to dispose the salvage himself, we always see a risk in the need selling the scraped motor car, for the amount calculated in the assessment report.
Once a settlement with a motor company has been signed to the condition of disposal of salvage by the claimant, there will be no way back and ask for more money, if the sale of the salvage falls short, of what has been calculated.
The advice will be, leaving the salvage to the liable party and demand pay out of the salvage value, so time, efforts and cost for the sale, will not affect the claimant.
The car owner should only demand that he/she will hold on to the damaged vehicle and retain it his/her property and accepting the deduction from the pay out, once knowing exactly what the reason for him will doing so, either in an attempt to rebuild the damages in cheaper manner as professional repairs will cost or even doing the job themselves.
Scrap Dealers - SMD Salvage Management and Disposal.
Be aware of risks in storing damaged vehicles for costs!
Places or businesses dealing with scrap do know about the job. They are in business to make a profit, where ever be possible and they do know about the fortune to be made by trading in a wreck, as cheap as possible.
They are professionals in the job and do know the business.
Most disputes about storage fees do have a background in a denied insurance claim. A claimant, if 3rd party or comprehensively insured, give too much credit to the Insurance and trust in a fair outcome of a claim evaluation.
Such people may not be disturbed, knowing the damaged vehicle is on a yard, regularly charging storage fees, in the believe or trust it will be taken care of costs etc. by the Insurance, together with a compensation pay out.
That however is far from certain. Any Claimant knowing his/her vehicle is stored on a yard should take the care of it asap, but latest after a damage assessment may have taken place, ordered and paid for by the Insurer.
No Insurance will pay any further storage cost, if they do accept to pay any of it, after the assessing of damages is completed.
Kindly take this extreme warning seriously:
NEVER ever leave a car/vehicle longer at any place storing damaged vehicles for a business. Take it away almost immediately, even if towing will be needed.
Do not listen to any promises, advice or instructions!
Remove your vehicle to a safe but accessible place, which will not charge for anything related to storage. If a vehicle will need to be stored on a yard charging, make sure you do know conditions and negotiate, but always get all in writing and do not trust anyone without good reason.
Scrap dealers commonly buy a "written off" motor vehicle, to break it off for spares to be sold as second hand parts.
SMD however looks to sell the salvaged vehicles for a profit to someone believing being able repair the damages cheaper as professional workshops can do.
This businesses do know about the situation a seller of a write off will be in, when offering to them the bargain to buy. They do know, you won't find a suitable buyer at any corner and it's a challenge to move the scrap at all, to have it shown to interested buyers.
That all may indicate, those professional scrap buyer will take the advantage they can, paying as less as possible and don't orientate on calculated salvage, applicable in a settlement agreement.
That does mean, not only having a burden of task in finding a buyer, but any cent of shortfall in the sales price compared to the salvage calculated, will be a loss that can't be made good for anymore.
Warning - - Towing and Storage Cost and possible repercussions, if not paid up or contained
Places or businesses dealing with car accident scrap vehicles do know about the job. They are in business to make a profit, where ever be possible and they do know the fortune is to be made by trading in a wreck, as cheap as possible.
Some are fair professionals and others almost criminals, but all do know the job and the business.
It is not necessary talking about fair SMD, scrap yards or even about honest professionals. The issue to elaborate on are the bad guys around and unfortunately there are more as thought of or wanted.
That led us to advice in general to be - very - very - vigilant and aware what to do or not to do in dealing with any of these providers.
Please note that a number of people not following due care in dealing with such twilight people, have paid a huge price in the form of losing the stored vehicle, set off against inflated storage costs.
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Free case analyse!
Should you do have any sort of issues with a Towing company or Storage Yard, be careful and first check, if and what you may have signed.
Contact RAMLA directly for a free check of your particular case issue and advice, by following the link.
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Scrap Yard management claiming - Right of Retention - not releasing a vehicle
The right of retention means, a person or company, service provider or anyone who rendered a service or work to a particular clients asset - here we talk motor vehicle - can to some conditions, retain or exercise the right not release the asset - motor vehicle - on which agreed work or service been performed, if no payment received or outstanding payments due.
Effectively it means the car is held in lieu for outstanding cash. The basis therefore must be a contractual relationship, governed and ordered the work/service rendered. Without a valid contractual relationship, no right of retention can be claimed.
A contractual relationship will most commonly be established by signing the order/towing form, regardless if scrutinised and understood, before signing off. If one trusted the sweet promises of a tow guy and signed off the order, the trap may well be in place.
It will be different, if the order to tow or store the car been given by anyone else as the car owner and without endorsement of the owner.
Should you unlucky be in a dispute with any tow/storage yard management, and don't know the way out, find more - solve problems with a retention issue.
1. As many motor insurance companies put measures in place to protect its clients from tapping into such traps, anyone and especially those not insured, should note the reasons and protect themselves by being high on alert, if it comes to deal or take service from towing/storing facilities.
2. Do not agree to any services these people may offer you - towing and storing - unless you do know all the obligations and risk and do not allow to act, even if you be told, do not worry, the other parties Insurance will cover all. Do not trust without having checked out all. Look carefully onto all documents to be signed and check small print and backsides.
3. Once those bad people got a hand on your property or damaged car, some may take you for a very unpleasant ride, which can end up with high and sometimes fabricated costs, especially for vehicle storage. If it comes to the point one may be aware of it, it may already be too late.
4. Storage costs are billed for parking a damaged vehicle, commonly in the open without protection or insurance for damages caused by others, while being stored. Storage fees will be billed daily, from Sunday to Monday 7/24 and range from R 350 per day up to - we don't really know. But what can be said, it is the most expensive parking in the country, more expensive as parking on Johannesburg - OR Tambo International Airport.
5. It must be noted, that 3rd party or even comprehensive insurance cover, often only accept any such fees, until the damage assessment is done. If one is lucky, a notice informing about the need to remove the scrap will be given. If so, act accordingly without hesitation and remove the car to a safe location, which will not charge for storage.
However it will be best just not get any damaged car into any professional charging storage yard, instead get it, rather from beginning, to a private, safe place. Often compensation actions, involving heavy damaged or written off classified vehicles will take time until solved, so do not risk waiting, if a car is placed on such storage yard.
6. If missed out as to what reason ever, and in attempt to get the car out, for sale or any other purpose, one will perhaps experience the scrap yard will not be prepared to release the car, before full and final settlement of the full bill.
7. The scrap yard will tell they do have the right or retention and allowed to keep the asset for security or even to set off against such costs billed.
However this is only true and according to law, if a contractual relationship can be proven, i.e. a signed order or any other method of order given can be sustained.
In cases, where the owner/driver isn't capable to control the process at the scene of the accident, due to hospitalisation etc. and another person give orders or agree to services offered and perhaps sign something on you behalf, without authorisation, you may take actions to fight back.
8. Many just do not have the ambition or power to fight and often those ends up in a total loss of the scrap car, still is an asset and worth some amount of money.
Commonly the retention of a stored vehicle comes with an offset, the purchase or often confiscation of the scrap car, to very unfavourable condition, often not be given any receipt or account or even accept that a deal be achieved, if mutually agreed to any disposal.
This will lead a car owner in the process of a compensation action, without any merits to proof - towing - storage - and salvage value anymore. That of course is very bad in terms of merits, should any compensation offer be out of acceptance of such cost.
High storage cost and not having enough founds available to pay for the release of the car
Having difficulties to find an arrangement about storage and towing costs with the scrap yard people is unfortunately very much common. We suspect that in 1 of 10 cases such problems may be at stake.
Everybody been involved in a car accident with severe damages, having had a tow guy called or found, just waiting at a corner, to be there immediately to offer sometimes questionable towing services to desperate accident victims being in a predicament to get the damaged car of the road to safety, many do know, they are good in promising all, one like to hear.
But unfortunately towing business and taxi operating clans may have some similar habits, bad habits after all.
Particularly the towing business is frequently busy to cheat on people. All or most do know the sticker on vehicles windscreen - do not tow -. It has a very valid reason not to tow, unless conditions are checked and agreed upon.
Do not trust any towing guy, promising you anything else as you can verify. Not infrequently towing guys promise the insurance will pay all, or almost all, regardless if it is a comprehensive cover, you do have with an Insurer or a cover a 3rd party say, they may have.
That is only true, if the Insurance approve and order on its behalf the towing company to do a limited job. A 3rd party insurance will never do so, as many obstacles can be in the way, before any claim will be processed or entertained.
It is almost certain, that a vehicle towed to the towing company's yard, cost for such service will be billed, and that do not come cheap. Storage fees from R 350 and more per day, are common in that overcharging business.
Just for more clarity, only 10 days of storage, meaning in reality parking a car on a lawn outside, without security or insurance, will already add to R 3,500.00. A sum for nothing, not many be prepared and able to pay, as other far more important services may be needed, to enforce damage compensation and/or car repairs must be paid.
So in short, if you do have any say in the way a damaged car will be stored, unless more clarity is achieved about liability and repair cost, do not leave it in the hands of any towing company, unless you are satisfied with the arrangement.
Get the car off any yard that chares for storage immediately and get it to a safe place that does not charge.
Should you will face problems to pay for the cost already accumulated and not be successful to have the car got of the yard, find help. Sometimes, depending on what and if anything be signed, such as terms and conditions, the SAPS can be an option.
If all fail, do not wait as costs will increase by the day for another R 350 or more. If there is no other option, try selling the scraped car asap for what you may get, but in any case et a TAX invoice or if private a mutual signed contract of sale, laying out terms and price.
Please note, the invoice or contract is very important to have proof, in a compensation action, when and why the car is gone and to what conditions.
Do all as a matter of urgency, not to lose all for nothing, as the scrap yard like to just take your car and set it off against fantasy storage costs. That is the best business they can do to get a car for nothing and resell or slaughter it for parts.
Value determination and disposal of the wreck
A serious and important aspect in any deal with a right off is the real value of the scrap or the written off damaged vehicle.
Almost after a long struggle to find some solution about liability/causation, parties may have had agreed to a solution, or an Insurance claim adjuster/admin or what they may be titled, may have imposed a settlement on a party, still issues of scarp value and disposals can stand in the way of a final payout.
In a settlement offer from major South African Insurance companies, in terms of a claim classified the damaged vehicle as write off, one question will remain, who will be taking the challenge and finally dispose or sell the scraped vehicle.
Motor Insurance Companies that are willing or demanding/insisting to a disposal on its terms and actions, commonly do have some sort of fleet agreement with national operating SMD (Salvage Management and Disposal) enterprises.
Such agreement may say, all scrap offered by the Insurer for disposal will be bought to a specified rate, i.e. 30% of the determined marked value. That means no risk, but a good base to calculate upon, is available for an Insurer to deal with scrap, when settling such a claim on such basis.
Given and it is applicable in the majority of all write off cases, the disposal be left to the Claimant and the possible surprise of been confronted with the real salvage market and thereby with those professionals buying scrap, may be another bad experience.
In our more as 10 years active working in the car accident damaged recovery industry, we have never seen a case, a scrap dealer buy any vehicle on offer for the amount specified and deducted in a Settlement agreement. What it means is, the real business world have own rules and measures to determine to what condition they buy any scrap/damaged vehicle on offer, if they indeed do so.
This indicates that without an offering the scrap to buy on the real business market, no fair scrap value will be found or can lead to a well informed compromise, done to just finalise a perhaps unpleasant vehicle accident experience.
At the end for all those not give in as easy, make sure you will have one or more offers to buy, specified and in writing, to corroborate your claim and very important to do so, if matters have the potential to be heard at a South African Court of Law for determination.
A number of local Attorneys may end up the Litigation process somehow successful, but often struggle to bring about a substantiated Quantum.
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RAMLA - Road Accident Management and Legal Action - is one of South Africa's most experienced and decisive advocates to sort out legal disputes with parties, Insurance companies or act in defence for clients, confronted with unreasonable or inflated claims.
Car accident issues that matters most:
We are legal specialist in motor car accident damage recovery matters and offer our services to those suffering damages or in need to defend unreasonable or inflated claims.
Taking on disputes with motor insurance companies, engage and solve unfair declines or incorrect apportionment of damages, oppose a wrong assessed Quantum, or take a matter on review with the Ombudsman (OSTI), to get a matter of comprehensive insurance dispute reviewed.
Sometimes, if a matter cannot be resolved in a full attempt, and the case need to be heard in a court of law, should all fail to find a solution in pre-litigation, the escalation to a court of law is inevitable, we will suppot the action.
RAMLA can get you through the trouble, get reluctant parties moving serving Summons, for just some affordable fees, commonly just equal or lower then towing/storage cost may be.
We are one of the most experienced, decisive advocates, when it comes to car accident problems - issues of compensation or defence against unreasonable or inflated claims, bad repair practice and much more.
We work only on motor car accident matters.
Check us out, so you do know if we can uphold we say, free of charge.
Welcome to RAMLA
Road Accicent Management & Legal Action - South Africa
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RAMLA - is an experienced legal expert in most MVA - Motor Vehicle Accident - issues.
We act professionally and decisive for the - Demand of damage Compensation - Dispute Resolution - Defence against inflated or unreasonable claims, as well as for damage recovery caused by bad workmanship after car repairs.
With more than ten years of professional experience, well educated stuff, knowing the subject of car accident issues and solutions, we have advised many, many inquirers in the first steps to take for a solution,
- free of charge - ,
and over the years, served a high number of clients to solve differences with parties, addressed compensation actions, acted against unfair Motor Insurance declines or short falling settlement offers, pursuit reviews with the Industries Ombudsman and filed law suits and defences.
RAMLA do know very well, that all cases are individual and need particular attention to the details, as only a well structured and factual claim can have chances to success. With us, you can feel save.
If you valued visitor of the RAMLA web information platform, do have any such problems listed above, you may well be good advised to contact us and brief us - best by email - with what had happened and may be your problem.
Our initial reply and advice will be free of any charges or obligations,
but an active pursuit of a claim or defence will come with some smaller fees.
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How going forward once there is a claim or dispute or other challenges?
Well, once someone checks a web site as this one RAMLA presents, there will be some sort of a problem.
Motor Vehicle Accident (MVA) issues are manifold and can be complex.
It may either be that there is no response from the liable party or the Insurer, the other party repudiate, apportioning damage liability leading to a short falling compensation offer, or any other claim decline, such as to violation of Insurance terms and conditions. All need experienced attention.
There are even cases, where a claim is directed to a 3rd party, deemed liable and demanded, but no engagement noticed.
Lot of issues coming up in MVA - car accident matters, may not be handled according to valid law, or wrongly interpreted.
There are many people in South Africa's motor insurance industry, without a legal background and act under instructions, don't care, nor perhaps not having the necessary skills, or just follow a strategy, to get rid of valid claims.
Such should not be accepted and the challenge taken head on, even if it comes with some engagement.
RAMLA as a specialised legal expert can solve such problems, just for a fraction in fees what you may miss out, if you don't have the right support.
In our view, it is not the correct way and get a legitimate claimant's demand, just been brushed away, isn't it?
Just take the time and contact, tell us about the matter and let us take care of it.
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Defence against unreasonable or inflated claims?
RAMLA can help you most effectively to get a claim dropped or eased.
The results defending someone against whatever car accident compensation claim, can be very good, as often the evidence the Claimant do have is not sufficient to proof the claim, which is a pre-requisite for a successful action.
If it isn't as clear what the implications are and what evidence the other party/Insurance do have, chances are very good to stand through and get a claim successfully denied, even if a summons may have be served already.
The party alleges or accuses is forced to proof the claim and not the demanded party.
Many Insurance recovery claims fall short of such reliable evidence and therefore can be repudiated, even if it comes from attorneys or recovery agents.
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However we do handle every substantial MVA claim,
against whatever party, Insurance, reluctant party or company successfully, given the merits of the issue are clear and stand a challenge.
Should the merits not be so favourable in the first place, we do all we can, improving such merits, to get the matter being a strong case.
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Chances of success, if there is a strong case, and any other winning guarantees?
Those are questions we hear frequently, before a new client is prepared to accept some fees.
There cannot be any guarantee of success in legal matters, as the other party may have evidence matching or being better proof. If it comes to an action in a court of law, the presiding officer is the instance of weighting all brought forward in the action and decides.
However if sufficient evidence is at hand, chances are high to predict a win and succeeding with a matter, which ends up in an acceptable settlement/judgement.
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You want to visit a local RAMLA office in your area and have a chat with one of our experts?
We are very sorry telling you, that we have chosen a different way of performing our business.
In order to hold overhead costs low, and not compromise on expertise and service, we have decided to act from one central, but not public office, in the Western Cape.
In order to hold fees low and offer very competitive rates, compared with similar legal services, we decided to concentrate intelligence and contain costs in this manner.
Anyone who likes to visit his/her adviser or attorney, should not choose RAMLA as a favourite, as we cannot or want honour just that.
But we can deliver the way we operate effectively, wherever you are in South Africa and with whom ever we have to deal, effectively, decisive and affordable.
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What about fees, must they be paid upfront or can it be deducted from recoveries?
Let me answer the question in short.
Yes, all fees need to be paid up before we take action.
Why is that so?
Our fees are as competitive low, that we cannot enforce any such fees economically, if someone just take our services and thereafter give us hassles to pay.
Any local attorney will do the same, as asking for a deposit, commonly far higher than our entire fees are, upfront.
In general those deposits are offset against fee notes and further deposits requested in due course.
We dont do that. We deliver services not billed on time issues, but on performance phases, which gives cost certainty and the assurance to be taken care of the full matter.
Contact us to get more detailed information.
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Any doubts about our capabilities or performance as this offer is an anonymous one on the web?
Well I must accept such doubts and can only point out and rely on the many we served before and who may be contactable for reference.
Check out what we display on our comprehensive web pages, which will back up our knowledge and experience without a doubt.
Anyhow we will never accept a mandate before we have had a first free analyse of your particular matter and if you aren't satisfied with our reply, simply don't go on with us, despite it may be detrimental to you.
We value a fair and open informative strategy, keeping a client updated, which will please most of those with an open mind to comunication technologies, such as email etc.
But we can only do what we offer and if you aren't happy with such offer, just get into contact with your local lawyer, or ask us to refer you to someone with specialised knowledge in MVA matters.
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Should you have been through all before . . .
and still think we can be the one to solve your motor vehicle accident compensation problem in South Africa, just get in contact with us.
You're welcome to be served perfectly.
Kind Regards
Your RAMLA team
Nationwide Claim Service
SMS RAMLA to 076 770 3179
and let us know the problem, or much better send an e-mail to:
ramla@ramla.co.za
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RAMLA Expert Partnership
Become a local partner of our Nationwide Network of experts in adjacent industries, such as:
Legal profession
Panel beater or auto
body repair workshops
Independent vehicle
damage assessors
enhancing mutual business at no cost to either side.
Please follow the link to the industry above to learn more about the offer.
SMS "network" your name and industry, place of business to 076 770 3179
and we call you, or send to
e-mail info@ramla.co.za
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Motor Insurance Disputes
An insurance claim, either as a third party or comprehensive claim can come with a number of challenges.
Having the knowledge and experience, is a prerequisite to stand through against sometimes very strange arguments or decisions utilised by South African Motor Insurance Companies or its Brokers.
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Ombudsman for short term Insurance (OSTI)
The Ombudsman for short term insurance disputes (OSTI) reviews matters that emanates from Insurance policy differences or disputes.
That means only contractual issues can be given for review and no 3rd party claims issues can be addressed to the Ombudsman.
Many people believe in objectivity and sympathies the Ombudsman may have to issues, believed to have been made unfairly by any Insurance decider.
It must however not always be expected that OSTI is in favour of Insurance clients to protect their rights.
Too often the decisions taken by the Ombudsman's office are backing the Insurance decision, particularly so as the evidence provided hasn't rebutted the Insurers argument, due to lack of knowledge.
The often one-sided information provided by the Insurer, even without verification, is taken for the decision, if a client in need for help doesn't know how to repudiate false or weak allegations and the matter will most probably be lost and the Insurer rests relaxed.
The Institution of the OSTI office is financed by the Insurance Industry.
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A reluctant party try to hide and not engage?
Don't allow a party to act in such manner. A liable driver must take responsibility, but it can be a challenge if you have been too patient or trustful of promises and the other do know how to make you struggle.
It must be noted that a claim is easier declined than proven, and factual proof is what is meant the claimant has the onus of proof.
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Companies don't engaging into claims they are vicariously liable for its employees
Companies are in some circumstances responsible and vicariously liable for employee's action and damages, if in charge for the business.
Despite most such companies may maintain a valid insurance cover, not many are open to an amicable solution and reluctant to support a claim.
The problem may just be that those who employ personal which need take part in public traffic in order to do the job get too much involved in car accidents throughout the employee's mistakes and don't like seeing the insurance cover in danger or face higher risk premiums.
There are commonly more difficulties to get matters processed as if claiming against a private person.
Our advice, get support as soon you feel something may not go as expected.
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