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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.
Car Accident Claim Investigation
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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Accident Management & Legal Action
First stop solution for a MVA problem
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South African Motor Insurance Companies, investigating, questioning and interrogate witnesses or others, find out if the insured was breaking the terms!
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Comprehensive insured making a compensation claim for car accident destruction, against own policy cover, reported to motor insurance companies, can trigger challenging "Investigations".
Especially if suspicious issues, such as late night accidents or unusual destructions are detected, a policy had only recently be concluded, or someone need to claim often.
The expectation will be, one rightfully can assume and expect to receive fair and swift service from the other party and/or certainly from a South African motor insurance company, in order arriving at a fair pay out settlement as quick as possible.
Once a claim is reported and launched, the Insurer will check the aspects of the claim; and possibly investigate into the details and circumstances of the accident, if there may be any expectation of a breach of the complex terms and conditions, stipulated and contained in the motor insurance policy and its terms.
Matters that may surprise an insured, finding a claim declined can be just, when failing to pay premiums, having nominated the wrong driver who regularly drives the motor vehicle, the area where the vehicle has been declared to be predominantly used has changed, credit defaults detected, alleged of drunk driving, speeding excessively and other obstacles may be found.
Motor insurance company's do have Vehicle Assessors and Investigators that will be ordered to check about matters and circumstances of the traffic accident, questioning, contacting witnesses, holding interviews, check phone calls recorded, that may be utilised as proof for violation of the insurance contract. Such investigations can easy lead to a surprisingly coming decline of a car accident compensation claim.
Click for Insurance Site Map - A comprehensive overview of relevant Insurance Issues
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.
How to contact RAMLA, in what way best to do and what we need knowing to reply
Your specialised expert to sort out MVA matters
Professional - competent - swift - decisive and affordable
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Once a comprehensive claim - as made to own cover - will be declined and often the motor insurance policy sometimes as well can be cancelled.
It may be a challenge to get it right, in either a dispute resolution, Ombudsman's involvement or in some cases matters can only be resolved in a court of law.
There are a number of reasons getting a claim declined. It's i.e. very easy for the Insurer alleging violations of terms, sometime without any proof provided.
In cases where it is suspected driving under the influence of alcohol or drugs, declines has been often been made without any hard proof. For some, just a "witness" statement saying - the driver has been drunk - will be good enough for the insurer to decline such claim.
It should be known, that the Insurer records all telephonic conversation with a client or a 3rd party Claimant makes with its person/s in charge for the relevant issues. This means, there is always the chance to get a copy of the recording, to analyse what has been discussed and in which manner.
It is quite frequent having issues or declines, with South African motor insurance companies, about facts, acknowledgements, denials etc., and some companies engages investigators to see what can be found to sustain a decline.
Once any indicators of upcoming or ongoing investigation have been detected, a motorist should be of high alert, and should know what is at stake.
It will be best contacting an knowledgeable adviser, before it's too late and mistakes made that may have the potential being misinterpreted.
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 to utilise such valuable absolutely first free 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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What to do avoiding divergent statements about the course the accident happened?
Divergent statements or reports of what had happened before and during accident will often trigger problems, if an insurance admin is involved to decide a claim.
If a 3rd party launch a claim with the insurance representing the other driver or party, it may just be good enough the other party will give a different version of what happened and deny liability, to what reasons ever, the Insurance admin will just take that as a reason for a complete denial and often will not listen to any valid arguments.
It's important to liaise with the other parties involved in the car accident, before a motor insurance claim is launched with a company. The mere report of the fact an accident happened, will be of no problem for others, as it's the duty of insured motorist, doing so very quickly after an impact, not risking losing cover.
The question of how all of the traffic accident came about, should be discussed with the parties, best at the scene of the traffic collision, or very soon later stage and protocolled, before supply the requested documentation to the company.
The aim should be, finding common ground about what was the cause, and how the traffic accident came about. Unfortunately some of our motorists don't engage with the other participants of the car accident, in order finding a way getting around a compensation responsibility.
Furthermore most motor insurance terms and advice is, not to acknowledge any kind of liability, so the Insurer can argue on behalf of the Insured car driver.
A very high chance, being confronted with such problem can be, if involved in a motor car crash with employed car drivers. South African companies having motor vehicle in use for the purpose of business, are more frequently involved in a car accident as private motorists and therefore keen to reduce liability not risking the insurance cover or high premiums.
The terms & conditions of motor insurance companies may prohibit another motorist admitting to be at fault, because that will endanger the validity of the insurance cover.
Once missed out to have made proper statements on the scene of the traffic accident, what had happened and be mirrored in a written statement, or in the relevant section of the Police Accident Report, which should be signed by all participants, it will be very difficult to claim, if the versions the parties putting forward of what happened, will differ.
As most of South African insured car drivers/owners know, the insurance company will most probably work or act on the behalf of the insured, they don't care much about the suffering of another, who are looking on damages to the vehicle and may be deprived from the usage and value.
There are some very amicable returns from insurance companies, but by far not all of them.
It's all too easy attempting to downscale liability, or even blaming the other, being a contributory part for the cause of the car accident, which will be easy doing by just cite some so called "case precedents" and it's always a challenge to get it sorted as to "hard term" strategies.
As it is easy declining a claim, in common knowledge that the process of actions will not be taken by many, at all, it's so favourable to blame for contributory negligence, that lead to apportioning damages, often highly detrimental in pay out offers.
Motor insurance companies investigations into the circumstances of the traffic accident
Most commonly, once a claim is reported and officially launched with a South African motor insurance company, they check about the matter, either in terms of damages to property or the motor car and/or to the question of liability, or violations of insurance contract terms.
Calculating destruction to the motor vehicle will generally be assessed by a motor vehicle damage assessor, in charge for the car insurance company. But depending on the instructions or the personal ambitions of such vehicle assessor, it may be the case they even draw attention to some other factors, evaluate about what speed may have been needed to cause the damages, which can lead to a claim decline, once the assessment suggests the speed limit has been violated, in excess of the allowed or reasonable speed.
Other incidents, as alleging the motorist claiming for damages having been driven negligent, for example insisting the car driver have texted or telephoned in the moment of the impact, or been drunk driving etc., can lead the insurer deny a claim on just such basis, even without proper proof.
The insured motorist may be asked by the Insurer to allow full investigation in the circumstances, getting telephone connection data from the provider or even medical information.
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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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Once the time of the accident and a phone call from a mobile device is coinciding, it's likely a claim being denied, just on that information, despite for instance a passenger may have made the use of the device on the way. A tracking device installed in the motor vehicle may be a useful tool, but can even be utilised in investigations.
Next to the vehicle damage assessor, some insurance companies instruct an investigator, look into the matter on all issues, which can lead alleging the car driver claiming, have being negligence or broke the terms.
Sometimes meetings with the claimant and the assessor or investigator are called, in an attempt to find proof for allegations. The tape recorded conversation may give room for arguments, if unintended statements made in utilisation of interview technics.
Once there are more examinations, as just the calculation of damages underway, it's an important sign that obstacles will come along with the claim.
A claim backed up by credible evidence, will regularly not trigger further investigations, and the chances having the compensation claim approved are good.
Find some experienced support, once you detect such signs, rather earlier than later. RAMLA, a specialist in motor car accident compensation claims in South Africa, can help and support you.
How rebutting an investigation result, deemed not to reflect your point of view?
Having a successful rebuttal in motor insurance claim disputes or denials, the reason for a decline needs to be looked on and if found unreasonable or not true, and being disputed. A regular investigation, most commonly will be initiated by the Insurer, if in doubt or believe the insured is in contradiction with the contract.
A rebuttal to set aside negative decisions, in a motor insurance claim, must be based on facts, credible evidence and proper argumentation. A bare rebuttal, - I don't agree with the decision - will not do anything.
All the arguments that will support a claim must be formulated and stipulated, according to South African rules of the road and to the terminology of the definitions about liability as well as to the motor insurance terms, if those are the reason for a decline.
Credible evidence, such as witness statements, photographs, sketches etc. should be supplied and interpreted to the terms above. Decline of claims based on violation of the insurance contract must be looked on in detail and only if it is obviously clear an insured indeed violated the terms, a decline must be accepted.
Once a claim denial against own insurance cover needs to be accepted, it will not automatically mean that there is not a possibility claiming from the other party.
Facing a technical based on contract violations and a motor claim is declined; find some assistance from knowledgeable advisers.
Apportioning of damages in a traffic accident claim
Apportioning of damages means, more than just one party in the car accident matter has been at fault, driven negligent and regarded being a part of the cause of the matter, contributed to the accident or haven't properly applied the variety of obligations the rules of the road poses on motorist, avoiding an accident by taking all necessary measures realistically available and driving cautiously, expecting other may make mistakes, especially in dense traffic, intersections etc. and so do all possible avoiding an impact.
Only if that can all be answered being complied with, will take away all chances of apportioning or allege contributory negligence for the cause of the traffic accident.
The idea behind apportioning is saying, no one does have an absolute right of way.
But the determination of alleged contributory negligence, can very often be based on a vague and one sided point of view, as to which percentage the one or other may be deemed, having contributed to the causation or missing out avoiding the accident, which may have been reasonable possible.
Any such apportioning coming up in a settlement offer or other dispute correspondence, has no legal basis to be determined correctly and fair, by just a party, an attorney or the motor insurance company.
It is however relatively easy, blaming another, being partly contributable liable.
Motor insurance companies or attorneys hired for representation by the Insurance or companies, may just decide themselves, what they deem fit be the correct apportioning. If that seems being unfair and not correct to the other party, it's worthwhile a fight and should not just be accepted.
Only a court of law can eventually decide independently about the percentage of apportioning or degree of liability, and not one party alone, if the other disagrees.
Some parties experienced in motor vehicle accident claims or attorneys as well as insurance companies, just do the determination they feel applying, as they do know that only a small number of cases will be escalated and therefore it's a nice and easy comfortable way getting away from compensation payments or reducing the pro rata pay-out.
Insurance companies do have a variety of precedents at hand, citing them as applicable to the individual matter, which in most cases will not be correct.
The law accept's the precedent only for the principle of a matter and don't allow just apply such for a particular motor car accident, as all traffic accidents are different.
Only in very few cases, it may be opportune applying a precedent as is. Most precedents can be rebutted with another, just coming to the opposite decision.
But once a motor insurance company applies such precedent, it will be a challenge to convince them being wrong, as it's a nice and easy to tool to bend a case, for them to drop down pay-outs and if they just insist that's it what we offer, some say - take it or leave it, that's all we are prepared doing, will give the burden to claim to the victim of the traffic accident.
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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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It is very crucial to know, that apportioning a settlement offer , will most often be very detrimental to the claimant and can end up in very disappointing settlement offers, despite the motor insurance accept the claimant will be 75% in the right and the insured only 25%.
The extend of disadvantage will be more negatively effective, if the damage value of the insured vehicle, will be higher as such of the claimant.
The calculation of apportioning is the following:
Damage value of the claimant, plus damage value of the insured motor car will be the sum of damages. The insurance will take the determined percentage to each portion determined and calculate accordingly the percentage, which gives the compensation value.
Lets take an example:
Vehicle A - Quantum: 3rd party vehicle - Claimant
Market Value contributual liability 25% Compensation
R 92,785.00 R 23.196.25 R 65,588.75
Other vehicle:
Vehicle B - Quantum Insured - Defendant/Perpetrator
Market Value contributual liability 75% Compensation
R 289,951.20 R 217,463.40 R 72,487.80
Compensation: vehicle A minus vehicle B:
Vehicle A R 65,588.75 - Claimant
Vehicle B R 75,487.80 - Insured/Perpetrator
Setlement offer to the owner of vehicle A - R 6,899.05
This example shows that Apportioning of Liability can end up with huge financial losses, despite the case has been accepted to 75 / 25 in favour of the claimant, for vehicle A.
However the overwhelming reason of the very bad outcome is the fact, that vehicle B has been more expensive or less of age, mileage etc. and that its portion of the damage compensation is higher as that of vehicle A.
It will not always be as bad, but it is certain that substantial losses will occur to the claimant, once Apportioning is attempted, alleging the Claimant of being contributable liable, by often citing questionable argumentation or precedents.
Getting away from Apportioning at all is the goal, but it won't be easy. The Apportionment of Damages Act - in our view - is the most misinterpreted or even deliberately utilised statute, to cut on expenses, in the full range of law, governing car accidents and compensation.
The Apportioning of Damages Act, as shown below, set out that a motorist must have "negligent" contributed and been at fault, to be able and successful accused of contribution to the cause, or not have done all in his/her capacity, avoiding the impact.
That means in layman's terms, that the one alleged to have contributed (Claimant), must have driven the motor car against the rules and negligently (in violation of the duty) missed out to recognise or anticipate oncoming danger, or even missed to foresee reasonable danger, that may come out of other motorists driving, even negligent driving, to be positively confronted with apportioning.
On the other hand the traffic legislation points out, which is widely been interpreted in the legal fraternity, that a motorist can rely on that another motorist adhere and drive careful,
unless there are signs the other driver will not drive as expectable and he could take notice off it, that the other drivers action be dangerous or may become dangerous and that eminent danger may arise, from the driver's negligent or recklessness driving.
So in essence, if the Claimant did neither violate any obligations and did all in his reasonable capacity to avoid the impact, have had a wider view of the traffic in front and around him and could reasonably expect, if in a position to observe the unreasonable or dangerous driving of others, the other will follow to do what his duties are and adhere to traffic rules and regulations and that it hasn't been foreseeable that danger will come from that other driver, there cannot be alleged fault or negligence, and consequently no Apportioning.
Yes, it is as strange as it sounds, and will take some effort to have those argument positily introduced, in order to challenge the apportioning settlement.
Don't hesitate, contacting RAMLA if you confronted with something similar, for support.
APPORTIONMENT OF DAMAGES ACT
NO. 34 OF 1956
[ASSENTED TO 16 MAY, 1956]
[DATE OF COMMENCEMENT: 1 JUNE, 1956]
(English text signed by the Governor-General)
This Act has been updated to Government Gazette 17477 dated 4 October, 1996.
CHAPTER I
CONTRIBUTORY NEGLIGENCE
1. Apportionment of liability in case of contributory negligence.-
(1)
(a) Where any person suffers damage which is caused partly by his own fault and partly by the fault of any other person, a claim in respect of that damage shall not be defeated by reason of the fault of the claimant but the damages recoverable in respect thereof shall be reduced by the court to such extent as the court may deem just and equitable having regard to the degree in which the claimant was at fault in relation to the damage.
(b) Damage shall for the purpose of paragraph (a) be regarded as having been caused by a person's fault notwithstanding the fact that another person had an opportunity of avoiding the consequences thereof and negligently failed to do so.
(2) Where in any case to which the provisions of subsection (1) apply, one of the persons at fault avoids liability to any claimant by pleading and proving that the time within which proceedings should have been instituted or notice should have been given in connection with such proceedings in terms of any law, has been exceeded, such person shall not by virtue of the provisions of the said subsection, be entitled to recover damages from that claimant.
(3) For the purposes of this section "fault" includes any act or omission which would, but for the provisions of this section, have given rise to the defence of contributory negligence.
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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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