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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:
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Keywords Section - X Y Z
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Should you do not find the issue you are looking for, contact RAMLA (Road Accident Management & Legal Action), as one of the most experienced experts in matters of car accident damage recovery claims.
We however believe the issue in question will be found on one of the other pages on the
RAMLA comprehensive MVA - motor vehicle accident - Information Platform,
but as we haven't installed a search function, rather contact RAMLA, instead of waste time for a search.
There are sections in the main top selector, such as claim, assessment, legal and insurance matters; you may navigate to find what you're looking for.
Car accident damages as result of a traffic collision, always gives task and commonly hassles, unless one do have a compressive motor insurance cover that lives up to the promises made.
But unfortunately, that's not always the matter and if ordinary South African motorists are asked, if they believe and trust a valid claim is a guaranteed matter, one will hear a number, if not the majority of those questioned, doubting that it will be so.
Your specialised expert to sort out MVA matters
Professional - competent - swift - decisive and affordable
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Issues with South African Motor Insurance companies
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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.
Insurance Damage assessment dispute
We do have the expertise and know how to act for you.
Experience exceptional service, testified by clients, even after hours or weekends, giving you a peace of mind your case is taken care off, no matter what.
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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
Your first stop solution for any Motor Vehicle Accident problem
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Insurance Vehicle damage assessment in order of the motor insurance company in South Africa
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Once it is due to claim for damage compensation, the calculation or assessment of damages, to find the Quantum of damage - or destruction value, is predominant.
Having a professional made fair and unbiased proof of vehicle accident damage listing is essential. Not all the damage assessments made by an Insurance appointed assessor are acceptable.
After a traffic accident on public roads that ends up with damages and subsequently the need receiving adequate compensation, repairing the deformation of a vehicle, the calculation of damages or assessment is inevitable.
One of the most applied forms of calculating damages, are repair quotations from reputed panel beater or auto body workshops.
The liable motorist, who caused the damages, will in all regularity request the claiming party to supply or provide one or even more repair quotations.
Should the deemed liable party be properly and validly insured against such motor car damage compensation actions, the Insurer will commonly send out an appointed vehicle damage assessor, calculate and document the damages, at least if the damage value comes to a certain amount, which will be individually determined, whether or not an professional assessment will be necessary.
Even if the Insurance Company did receive external and qualified repair quotations, they will always only look onto the results of the assessors report.
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.
Below you will find the selection of the topics to issues of calculation of damages, repercussions to claim actions and compensation decisions.
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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Keep this in mind when dealing with car accident damage assessments, ordered by any motor insurance company . . .
One must know that the motor vehicle damage assessment, done in the order of the auto insurance company, is most often the basis for a settlement offer to compensate a 3rd party or comprehensive motor accident claim.
The broker or the claim admin at the motor car insurance company, or even called - claim negotiator, will most often not be a technical expert, but able to verify the car accident damage assessment report and take the assessment report as basis for the work. This can in turn lead to an settlement offer. There is always the risk this compensation offer can be short of what one need to repair or replace a damaged motor car, after a traffic accident.
Unfortunately only few motor insurance companies in South Africa, provide you with the details and/or a copy of the assessment report, specifying what the motor vehicle damage assessment is about in due course, without intervention and explicit request.
What can/must I expect from an assessment done by the insurance assessor?
Given a claim is reported to the motor insurance company covering the liable party, certain documents, such as damage quotations, registration certificate, state of insurance declaration, drivers licence and ID etc., are requested and should be provided to get the claim entertained.
The insurance claim adjuster then looks into the matter and decides to accept your lowest quotations as basis for the claim, or instruct a motor vehicle damage assessor, to examine the damages and calculate the repair value.
After the examination of the cars damages, the assessor files a report which most often will be the basis for any settlement offer, received from the insurance company.
Before allowing such damage assessment, you should have made your own damage calculations and/or have gathered a qualified quotation from a reputed auto body repair workshop or from your panel beater.
This enables you to compare all findings and end results of the assessment report with those quotations and if the results come out in a near range, you can be relatively sure all will be perfectly fine.
If you didn't undertake your own evaluation, you cannot verify if the assessment results are fair and reasonable, enabling you to repair your car, as to state before the accident, which is what the law says, a victim of a car accident suffered damages, is entitled to.
In case you do have such quotations and the results of the assessment will differ remarkably, you must find out why and which one has the higher possibility being the one fair and just.
RAMLA don't perform local damage assessments in its own capacity, but we do have a wide understanding and experience to estimate or verify, on a more informal manner, if the damages examined and calculated can be in the fair range.
If there is a possibility that the damages are as severe that they may be seen as a "write off", meaning the repair costs exceed the current market value, RAMLA can even give a rough advice if that can be expected, by checking on some pictures of the damage, which should entail the details and the wider angle of the car of all sides.
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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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Car accidents damage assessments, that end with the diagnosis of a "write of" or total loss, sometimes even called totalled, meaning the repair cost of the damaged motor car are higher than the market value of the car before the accident, may have very confusing repercussions and without the knowledge of what the vehicle damage assessment is about, one cannot verify the results and possible subsequent settlement offers, at all.
In other words, one need a copy of the full report, best accompanied by details photographs supporting the assessement and further more understand the content and implications.
If you may be in the process to check such assessment report and are not certain to understand it, you are welcome to contact RAMLA for assistance.
The results of a vehicle damage assessment, especially those done in the order of a motor insurance company must not always be fair and correct and you are not forced just to accept the results without challenging it.
A vehicle damage assessment will be undertaken to calculate damages resulting from car accidents, in order to find a basis to compensate for property damages. The results, one should expect will be, that a professional repair of the car damages can be done and paid for in full, achieving the motor car will be in the state it had been, before the road accident collision.
In many cases motor car damage will be inspected by the assessor, working for an insurance company, if damages comes to a certain damage value or other aspects in the claim may be suspicious to the party, been asked to pay the repair costs.
The objectives here are to get a fair and unbiased pictures and listing of the actual damages, regarding and emanating just out of this particular motor car accident. No other damages or uplift from previous impacts can from part of any compensation action.
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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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Reasons why insurance ordered assessment may not be reasonable and fair may come with some challenging issues.
1. Assessors regularly contracted working for South African motor insurance companies, likes to be reappointed as that is their main source of client.
2. The Insurance expect the assessor to utilise aspects to downscale damages, still legal perhaps, but not fair and complete.
3. Professional vehicle damage assessors, regularly or even permanently work for an Insurer, must expectedly make concessions in the amount they can charge for a full impact assessment. That in turn may motivate the one or other to just do a small job, meaning not make too many efforts to get close and unhindered access to the object to assess, don't strip any part to check for hidden damages and more. It is self-explaining that such can result in a bad and incomplete assessment report.
4. As the insurance expect the assessor to limit damages and resultant thereto pay-outs, the assessor may support such tendency in assess in favour of such down scaling.
Motor Car Accident, in South Africa?
You want your car accident damages being paid for and receive your material vehicle accident damage compensation for destructions, suffered in a traffic accident on South African roads?
You are welcome to contact RAMLA to receive free advice after a free accident fact check to determine your position.
Contact RAMLA (Road Accident Management & Legal Action), tell us your Motor Vehicle Accident story, the issues of concern, the problems you detect or face and get a free check and advice how to proceed.
We will check and analyse your individual case and revert to you - most of the time in short circle -.
For best results contact us by email initially, give us an idea of the incident, attach one or two pictues of the damages or relevant situation, the extend or value of the damages suffered - if already assessed -.
In case of an Insurance claim decline, supply us with a copy of the repudidation letter, of give us the reason for the rejection and name the Insurance Company.
Should you like talking to us (phone contact displayed below), do that after the initial email briefing, but keep in mind even we need some time to check about your matter first.
Be welcome utilising such valuable absolutely free inital advice*
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| RAMLA can be the solution in MVA matters
Do you know that RAMLA is a specialised expert in handling and enforcing or defending all kind of MVA (motor vehicle accident) matters, pursuing motor car accident compensation claims, Insurance dispute resolutions, for its clients - effective - professional - decisive and resolute, to best and affordable fees.
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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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Must I allow a damage assessment unconditionally?
Generally one need to allow the other party to examine the demanded auto accident damages, in order to find out what is the damage at all, and whether or not that what is claimed, be fair and just.
It will further be permissible to check if those items claimed to be damaged, are indeed a direct result of this particular traffic accident.
Before allowing the other party to do the examination, RAMLA suggest binding the assessor, declaring about his expert capacity, and to provide the party who's damage is examined, with a copy of the report, best simultaneously as it will be served to the insurance company or demanded party.
An obligation to do so should be created for them to do so, before the physical assessment should take place. Best doing this in a written agreement where even contact details etc. will be reflected. A form can be downloaded free.
In a case you cannot achieve such binding agreement, or probably not in writing - as some may be reluctant to do so, contact the insurance admin and get at least his/her promise to serve a copy to you. If they are just telling you some stories, that it is either not necessary or very unusual, you should consider not automatically allowing the assessment now.
Tell them you will not recognize the results without having studied the report or that you consider to order an independent motor vehicle damage assessor, if you don't get a copy.
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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 directly for a free check of your particular case issue and advice, by following the link.
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What to do, disputing the results of an unacceptable vehicle damage assessment?
It will be the regular way handling a dispute privately, before escalating to legal actions. The other party or motor insurance company, need to be notified in writing, you don't accept the results and in which respect and what items are in dispute and that's why you cannot accept the assessment findings.
Being able to do so, the report must be analysed and cross checked by an equally qualified expert as to that one in charge filed the disputed assessment.
The factors of dispute can be:
The listing of the needs of repair (parts, labour etc.) - Market Value (the amount of money the car has been worth before the accident), or Salvage (the monetary value one will be paid selling the scrap, or the value the car will be worth selling in its current - damaged - condition.
If you need support to verify if your damage assessment is fair and just, you can contact your panel beater or auto body repair workshop, or you contact RAMLA to check about it, in conjunction with a briefing of your matter, by email and receive a free of charge response.
Kindly don't expect a full and credible professional cross examination of your damage assessment, in this first stage, free of charge, but we will advise on the probabilities and if needed, we can become involved and get it credibly cross examined.
What are the consequences drawn from a motor vehicle damage assessment?
The vehicle damage assessment will be a critical part to determine your accident compensation.
We have to differentiate here, between traffic accident claims to a 3rd party, addressed as a third party claim, meaning you like to be paid your compensation from the wrongdoer or his/her insurance company, where only South African law applies.
The other scenario will be, if you claim from your own comprehensive motor insurance cover, which means all conditions of your motor insurance contract apply and reign over most of the regulations in RSA law.
If the matter is handled as 3rd party claim, no other conditions as those imposed in law apply, which is generally speaking the obligation, to place an accident victim into the position he/she has been financially in, before the traffic collision destructed property.
A claim directed to your own motor insurance company will oblige you even to comply with the terms and conditions of the policy, you have chosen with your insurer.
The applicable terms might force the insured client to accept a vehicle damage assessment, made by the insurance assessor, despite not been satisfied with the result.
Conditions may further stipulate when and to which condition the Insurer can "write off" a vehicle, i.e. already if the repair costs are about only 70% of the market value, while in law the repair cost must exceed the market value before a "write off" is compelling.
Certainly there are ways to complain and some motor insurance companies do have a dispute resolution department, to which you can apply.
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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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Unacaptable decision the Insurer make in a claim of an own contractual client, can be disputed/challenged and complaints for review laid, with the Ombudsman (OSTI)
Referring such matter to the ombudsman for short term insurance and look for support to rebut or altering such disputed vehicle damage assessment, will not be very helpful, unless a second evenly or better qualified assessment can be presented, that comes to different results, as that the Insurer rely on.
The ombudsman can only decide cases based on facts before him/her and cannot inquire for evidence or hear witnesses, as a court of law can do. That means the second expert report must be better in quality to persuade the Ombud, as otherwise they tend to accept the evidence of the Insurer, without much questioning.
In previous times the Ombudsman even didn't decide matters, if there are collisions of facts presented by the parties. Collision of fact will be in place, if a second expert opinion has been made available, which comes to different conclusions. Different expert conclusions will construct a case of dispute of facts and will regularly not be decided by the ombudsman.
Challenging unsatisfactory third party claim results emanating from insurance assessment
In order to rebut, dispute or challenge an insurance assessment in a 3rd party matter, there is no way to go to the Ombudsman. The matter must be solved between the parties, of which the defendants will be represented by the Insurer and so far negotiated with them.
Experience has shown that negotiations in such regard challenging the findings turn out to be difficult to have them accepted. It must be noted that an assessment can not only be incomplete or lacking otherwise, but will have fundamental implications once the assessed vehicle is called a "write off", meaning the repair cost exceed the market or pre collision value of the vehicle, been financially worth before impact.
Factors, such as fair repair cost, market or pre-collision value and salvage are the three major gradients in the report, having huge influence in the arriving at a settlement offer.
Repair cost: The reasonable and professional repair costs to manufacturers standards
Market value: Value the real market - a willing seller and buyer - prepared to strike a sales deal
Salvage: The amount of money the scrap (damaged vehicle) can be sold to whoever makes a bid
Given the repair cost are estimated correct or acceptable, that is the benchmark to the market value.
As mentioned, if the repair costs are higher, only the market value can be claimed for compensation at best. There is no space for sentimental value or difficulties to get another equally good car for the compensation.
It is not a infrequent matter, that all those factors next to repair costs, can be incorrect, as i.e. a number, if not all Insurance Companies insists, that a combination of trade and retail value - figures presented by several specialised institutions - but intended to serve car dealerships to determine buying and selling values for 2nd hand vehicles, are the numbers to establish the market value.
This way to establish market value is absolutely the less appropriate one, as there is absolutely no connection to the real market value, willing seller - willing buyer.
Some Insurance companies even try to "write off" a vehicle to less than the legal requirment of repair cost exceeding the market value, which is unlawful.
If it comes to Salvage, it becomes fashionable to apply a mere percentage of the already questionable market value to find a salvage amount, ranging from about 30% to up to 50% of the established market value.
This calculation has nothing to do with the real value of the scrap or the price a scrap dealer, SMD or any other buyer may offer.
Everyone buying scrap is about to make a win, and not just a small one, in rebuilding the car to less costs as ordinary repairers charge. But they do know the bad situation someone is in selling such scrap and take chances to the best, meaning very often there is a huge gap between the amount gotten for the scrap as to the deduction from the cash settlement.
It won't be a problem, if the Insurer or the party made such salvage compensation calculation, will take over the scrap for the same amount, they say is fair to deduct, for the value the scrap car still have and depose on its own, and therefore in turn pay out in full. But that is a real challenge to achieve.
In the event the other party or the insurance company cannot be convinced with arguments, there will perhaps be the need to have another qualified assessment, of which the results must back up your dispute, to take matters further.
Should all not bear fruits, there is the way to a court of law, which will be hear the matter independently and decide according law and not to reasons parties deem fit.
Submit your accident documentation for initial review by RAMLA claim service, and receive comments and recommendations, absolutely free.
If you have any doubts to have a fair and proper deal with your insurance company or the third party you can always contact RAMLA for a free first advice.
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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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Must I accept a damage assessment as the basis for compensation?
As motor vehicle damages must be professionally inspected, calculated and properly listed, the analyses and records filed should be fit to be regarded as basis to compensate the full damages, resulted out of traffic accident destruction, on public roads or private grounds.
If someone is not happy with the findings and results of a damage assessment report, simply don't accept the results.
It must be emphasised that most of the reports will be correct and fair. The problems however can arise in any write off classification, if the damages are that serious that the result of the assessment being regarded as scrap, called a total loss and economically not worth to repair as to the issues mentioned in the section above.
Those write off classification are daily occurrences and especially typical for older vehicle models or cars with high wear tear or extreme high mileage. As to today's high automobile repair cost, the status of a write off can be reached relatively quick and unexpected and leave the victim suffered damage with some additional problems.
Attend the practical vehicle assessment taking place
If a vehicle assessment will take place, in order to examine the damage, you should make sure to attend it in person, to the time the assessor will do the work, make sure all been assesset in detail and the car be accessable to do so.
In order to better market value, make sure you convey all the betterments and extras or other factors that has a positive effect on the value of your individual motor car, to the assessor and thereby giving the support he need to determine the fair car value.
Carefully note all you can, so that in case the report will be different, as to what has been conveyed to you, at the time of practical examination, you can at least argue for the better.
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RAMLA - Road Accident Management and Legal Action - is one of South Africa's most experienced and decisive advocates to sort out legal disputes with parties, Insurance companies or act in defence for clients, confronted with unreasonable or inflated claims.
Car accident issues that matters most:
We are legal specialist in motor car accident damage recovery matters and offer our services to those suffering damages or in need to defend unreasonable or inflated claims.
Taking on disputes with motor insurance companies, engage and solve unfair declines or incorrect apportionment of damages, oppose a wrong assessed Quantum, or take a matter on review with the Ombudsman (OSTI), to get a matter of comprehensive insurance dispute reviewed.
Sometimes, if a matter cannot be resolved in a full attempt, and the case need to be heard in a court of law, should all fail to find a solution in pre-litigation, the escalation to a court of law is inevitable, we will suppot the action.
RAMLA can get you through the trouble, get reluctant parties moving serving Summons, for just some affordable fees, commonly just equal or lower then towing/storage cost may be.
We are one of the most experienced, decisive advocates, when it comes to car accident problems - issues of compensation or defence against unreasonable or inflated claims, bad repair practice and much more.
We work only on motor car accident matters.
Check us out, so you do know if we can uphold we say, free of charge.
Welcome to RAMLA
Road Accicent Management & Legal Action - South Africa
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RAMLA - is an experienced legal expert in most MVA - Motor Vehicle Accident - issues.
We act professionally and decisive for the - Demand of damage Compensation - Dispute Resolution - Defence against inflated or unreasonable claims, as well as for damage recovery caused by bad workmanship after car repairs.
With more than ten years of professional experience, well educated stuff, knowing the subject of car accident issues and solutions, we have advised many, many inquirers in the first steps to take for a solution,
- free of charge - ,
and over the years, served a high number of clients to solve differences with parties, addressed compensation actions, acted against unfair Motor Insurance declines or short falling settlement offers, pursuit reviews with the Industries Ombudsman and filed law suits and defences.
RAMLA do know very well, that all cases are individual and need particular attention to the details, as only a well structured and factual claim can have chances to success. With us, you can feel save.
If you valued visitor of the RAMLA web information platform, do have any such problems listed above, you may well be good advised to contact us and brief us - best by email - with what had happened and may be your problem.
Our initial reply and advice will be free of any charges or obligations,
but an active pursuit of a claim or defence will come with some smaller fees.
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How going forward once there is a claim or dispute or other challenges?
Well, once someone checks a web site as this one RAMLA presents, there will be some sort of a problem.
Motor Vehicle Accident (MVA) issues are manifold and can be complex.
It may either be that there is no response from the liable party or the Insurer, the other party repudiate, apportioning damage liability leading to a short falling compensation offer, or any other claim decline, such as to violation of Insurance terms and conditions. All need experienced attention.
There are even cases, where a claim is directed to a 3rd party, deemed liable and demanded, but no engagement noticed.
Lot of issues coming up in MVA - car accident matters, may not be handled according to valid law, or wrongly interpreted.
There are many people in South Africa's motor insurance industry, without a legal background and act under instructions, don't care, nor perhaps not having the necessary skills, or just follow a strategy, to get rid of valid claims.
Such should not be accepted and the challenge taken head on, even if it comes with some engagement.
RAMLA as a specialised legal expert can solve such problems, just for a fraction in fees what you may miss out, if you don't have the right support.
In our view, it is not the correct way and get a legitimate claimant's demand, just been brushed away, isn't it?
Just take the time and contact, tell us about the matter and let us take care of it.
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Defence against unreasonable or inflated claims?
RAMLA can help you most effectively to get a claim dropped or eased.
The results defending someone against whatever car accident compensation claim, can be very good, as often the evidence the Claimant do have is not sufficient to proof the claim, which is a pre-requisite for a successful action.
If it isn't as clear what the implications are and what evidence the other party/Insurance do have, chances are very good to stand through and get a claim successfully denied, even if a summons may have be served already.
The party alleges or accuses is forced to proof the claim and not the demanded party.
Many Insurance recovery claims fall short of such reliable evidence and therefore can be repudiated, even if it comes from attorneys or recovery agents.
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However we do handle every substantial MVA claim,
against whatever party, Insurance, reluctant party or company successfully, given the merits of the issue are clear and stand a challenge.
Should the merits not be so favourable in the first place, we do all we can, improving such merits, to get the matter being a strong case.
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Chances of success, if there is a strong case, and any other winning guarantees?
Those are questions we hear frequently, before a new client is prepared to accept some fees.
There cannot be any guarantee of success in legal matters, as the other party may have evidence matching or being better proof. If it comes to an action in a court of law, the presiding officer is the instance of weighting all brought forward in the action and decides.
However if sufficient evidence is at hand, chances are high to predict a win and succeeding with a matter, which ends up in an acceptable settlement/judgement.
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You want to visit a local RAMLA office in your area and have a chat with one of our experts?
We are very sorry telling you, that we have chosen a different way of performing our business.
In order to hold overhead costs low, and not compromise on expertise and service, we have decided to act from one central, but not public office, in the Western Cape.
In order to hold fees low and offer very competitive rates, compared with similar legal services, we decided to concentrate intelligence and contain costs in this manner.
Anyone who likes to visit his/her adviser or attorney, should not choose RAMLA as a favourite, as we cannot or want honour just that.
But we can deliver the way we operate effectively, wherever you are in South Africa and with whom ever we have to deal, effectively, decisive and affordable.
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What about fees, must they be paid upfront or can it be deducted from recoveries?
Let me answer the question in short.
Yes, all fees need to be paid up before we take action.
Why is that so?
Our fees are as competitive low, that we cannot enforce any such fees economically, if someone just take our services and thereafter give us hassles to pay.
Any local attorney will do the same, as asking for a deposit, commonly far higher than our entire fees are, upfront.
In general those deposits are offset against fee notes and further deposits requested in due course.
We dont do that. We deliver services not billed on time issues, but on performance phases, which gives cost certainty and the assurance to be taken care of the full matter.
Contact us to get more detailed information.
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Any doubts about our capabilities or performance as this offer is an anonymous one on the web?
Well I must accept such doubts and can only point out and rely on the many we served before and who may be contactable for reference.
Check out what we display on our comprehensive web pages, which will back up our knowledge and experience without a doubt.
Anyhow we will never accept a mandate before we have had a first free analyse of your particular matter and if you aren't satisfied with our reply, simply don't go on with us, despite it may be detrimental to you.
We value a fair and open informative strategy, keeping a client updated, which will please most of those with an open mind to comunication technologies, such as email etc.
But we can only do what we offer and if you aren't happy with such offer, just get into contact with your local lawyer, or ask us to refer you to someone with specialised knowledge in MVA matters.
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Should you have been through all before . . .
and still think we can be the one to solve your motor vehicle accident compensation problem in South Africa, just get in contact with us.
You're welcome to be served perfectly.
Kind Regards
Your RAMLA team
Nationwide Claim Service
SMS RAMLA to 076 770 3179
and let us know the problem, or much better send an e-mail to:
ramla@ramla.co.za
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RAMLA Expert Partnership
Become a local partner of our Nationwide Network of experts in adjacent industries, such as:
Legal profession
Panel beater or auto body repair workshops
Independent vehicle damage assessors
enhancing mutual business at no cost to either side.
Please follow the link to the industry above to learn more about the offer.
SMS "network" your name and industry, place of business to 076 770 3179
and we call you, or send to
e-mail info@ramla.co.za
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Motor Insurance Disputes
An insurance claim, either as a third party or comprehensive claim can come with a number of challenges.
Having the knowledge and experience, is a prerequisite to stand through against sometimes very strange arguments or decisions utilised by South African Motor Insurance Companies or its Brokers.
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Ombudsman for short term Insurance (OSTI)
The Ombudsman for short term insurance disputes (OSTI) reviews matters that emanates from Insurance policy differences or disputes.
That means only contractual issues can be given for review and no 3rd party claims issues can be addressed to the Ombudsman.
Many people believe in objectivity and sympathies the Ombudsman may have to issues, believed to have been made unfairly by any Insurance decider.
It must however not always be expected that OSTI is in favour of Insurance clients to protect their rights.
Too often the decisions taken by the Ombudsman's office are backing the Insurance decision, particularly so as the evidence provided hasn't rebutted the Insurers argument, due to lack of knowledge.
The often one-sided information provided by the Insurer, even without verification, is taken for the decision, if a client in need for help doesn't know how to repudiate false or weak allegations and the matter will most probably be lost and the Insurer rests relaxed.
The Institution of the OSTI office is financed by the Insurance Industry.
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A reluctant party try to hide and not engage?
Don't allow a party to act in such manner. A liable driver must take responsibility, but it can be a challenge if you have been too patient or trustful of promises and the other do know how to make you struggle.
It must be noted that a claim is easier declined than proven, and factual proof is what is meant the claimant has the onus of proof.
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Companies don't engaging into claims they are vicariously liable for its employees
Companies are in some circumstances responsible and vicariously liable for employee's action and damages, if in charge for the business.
Despite most such companies may maintain a valid insurance cover, not many are open to an amicable solution and reluctant to support a claim.
The problem may just be that those who employ personal which need take part in public traffic in order to do the job get too much involved in car accidents throughout the employee's mistakes and don't like seeing the insurance cover in danger or face higher risk premiums.
There are commonly more difficulties to get matters processed as if claiming against a private person.
Our advice, get support as soon you feel something may not go as expected.
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Alcohol or drugs a driver has abused but driving a car under the influence and causing the accident
Alcohol or Drugs shouldn't be consumed when on the road, for good reasons, and prohibited by law.
Once alcohol or drugs are suspected or proven, any insurance cover will lapse and no compensation can be expected covered by any Insurance.
However, the misuse of drugs and or alcohol must be proven in a professional manner.
It will not be acceptable, if an Insurer or another party just allege the other being intoxicated.
No witness or any observer can detect any or the degree of intoxication, even if they are medics, without scientific analyses, there is no proof.
Breathalyser and professional medical laboratory tests must show if any intoxication and to what degree, to get a claim declined or even to make one against another.
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Market value, trade and retail value, scrap or salvage are all part in a "write off" case
When it comes to more serious car accident damages often repair costs are high. Should repair costs exceed the market or pre-collision value of the motor car, it will be called a "write off".
Unfortunately many of those been written off is caused by a decision of an Insurer.
The manner in which the car values of a highly damaged vehicle being evaluated, is by applying value schemes, often inappropriate schemes or wrong assessment results should be challenged.
A write off can cause many hassles in some regards.
There are some value schemes offering private persons a one time free value check.
Below as an example, TransUnion Car Value
www.carvalue.co.za
Anther source will be www.book-value.co.za as well as www.autotrader.co.za
TransUnion Car Value Scheme
www.carvalue.co.za
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