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



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Recovery material damage in a car accident





Car accident damage claim enforcement

Rebutting unfair settlement offers

Insurance claim declines or dismissal

Defence against unreasonable or inflated claims

Support pursuit in any MVA matters, in South Africa


Road Accident Management & Legal Action
(RAMLA)






We are car accident damage compensation recovery specialists

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




                                                             RAMLA - car accident damage claim service South Africa

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



RAMLA - car accident damage claim service South Africa

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



Select issues of interest by keyword search



      car accident in South Africa





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





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

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

Car accident issues that matters most:









      facilitating a claim



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

     not insured motorist

     3rd party claim

     reluctant party





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   value of damages



   Calculation of damages

   Quote or assessing

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





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   Insurance claim evaluation, decline, dispute



     


   3rd party claim

   comprehensive claim

      violation of terms (t&c)

      in regard to investigations

   declined claim

   insuficient settelement

   Apportionment

   Precedent / case law

   Defend Recovery Action





     




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

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

RAMLA comprehensive MVA - motor vehicle accident - Information Platform,

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

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





Apply for RAMLA Membership NOW



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

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

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

                  Professional - competent - swift - decisive and affordable






         Issues with South African Motor Insurance companies

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Should a matter be taken to a court of law?

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

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

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

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

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

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








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

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



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


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

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


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


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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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





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

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

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

Car accident lawyers and professional claim managers . . .

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

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

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

   accident@ramla.co.za


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

   RAMLA contact Info


The motor car insurance company - offers you an unacceptable settlement as compensation for your vehicle accident damage, not even saying why - South Africa (RSA)

It may well be you struggle to motivate a motor insurance company in South Africa, to pay your claim for Car Accident damage compensation, which may be on disagreement, rejected, dismissed or repudiated.

Merely the hope or trust to receive a fair and full compensation will generally not get your there. Inevitably you need adamantly being behind the claim to have success at the end.

Car accident lawyers and professional claim managers . . .

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

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


 
                        

RAMLA offers:

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


car accident in South Africa



Free case analysis

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

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



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

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



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

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

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

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

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



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



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

car accident in South Africa

      
 












car accident in South Africa



car accident in South Africa



If you want support to be compensated for your car accident damage RAMLA can be your one stop solution.
Please contact RAMLA by e-mail contact.ramla for a free initial analyse of your case

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





Keep this in mind when dealing    . . . with insurance companies!

Insurance companies' procedures to minimise car accident compensation

The insurance company paid the damage to its insured, but claims back money from you?



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


  Material Damage suffered in a car accident





When you receive an unacceptable settlement offer from an insurance company in South Africa to compensate you for car accident damages, you most probably need help to get them going further and to accept the 3rd party motor damage claim, or your own claim, based on the comprehensive motor insurance cover you concluded with the car insurance company.

We all know that lots of traffic accident victims, involved in a car accident on South African roads, try hard to solve the vehicle accident compensation matter.

Some motorists work hard to get fair compensation in dealing with the other parties on their own, before they look for support, if no amicable or even any solution can be achieved.

Fair compensation is achieved, if you will be able to repair your damaged motor car in a traffic accident, comfortable to the state it was in before the accident occurs and that should be done in a reasonable time frame.

Those are the basic needs any car accident victims want to see achieved.


South African law reflect just this as it states generally that the perpetrator will be liable to pay for the motor car damage to be repaired to the state the vehicle had been, before the accident impact.

Unfortunately the common experiences with motor car accident claims is, that much too much time is consumed before any kind of settlement will be reached. Due to a lack in South African law, that not all of the motor accident victims are entitled to claim for car hire expenses, as this is presently restricted to just business/earning needs, meaning only if one uses the vehicle to directly perform the job or business, will be entitled to car hire compensation.






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RAMLA - Road Accident Management & Legal Action - offers professional, decisive but out most affordable claim service to recover financial losses emanating from material motor car accident damages, in South Africa.

What do we mean saying professional?

Well that's easy and simply means we do that as our core business on daily professional bases and do have adequate and knowledgeable personal to effectively do the job.

What do we mean saying decisive?

It simply means, we are behind the case and prepare, demand and resolute execute any matter, we will be entrusted and mandated to do.

What do we mean saying - out most affordable?

By following a unique business and service concept, we are able to deliver quality convenient and competent car accident claim pursuit, but to lower fees other will be able to offer its similar services. We do offer a variety of service options and will gladly supply you with our service and cost scheme.

As RAMLA don't want to rush someone into a mandate, we make it a prerequisite before we hand out our service scheme, to give you a free first case analyse - free of charge - in order to determine if we can effectively help you to get what you expect.

We don't want rush someone into just a fee trap by taking on cases of which the success will be limited from beginning, which can be due to several and always individual facts as we strive to deliver what we promise.













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Motor Vehicle Accident

We offer the solution in Car Accident matters, analysing, supporting, demanding, corresponding, negotiating, settlement agreements and further taking matters to a court of law in South Africa, if no amicable solution could be found, in pre-litigation, to best favourable conditions in a professional and decisive routine.


car accident in South Africa
Facing challenges with motor car accident issues in South Africa?

RAMLA will be the solution,

demanding compensation, resolving disputes, defending against inflated or unreasonable claims,

in all sectors of vehicle accident damage compensation problems.

car accident in South Africa

car accident in South Africa




South African Motor Insurance Companies, investigating, questioning and interrogate witnesses or others, find out if the insured was breaking the terms!

Once involved in a motor car accident and on route to be compensated for damages another caused to own property, engaging in a compensation claim with another party (3rd party) either with his/her motor insurance company, or having a comprehensive motor insurance cover, in order to be paid for car accident damages, will generally be get into in good mood and trustfully to be treated fairly.

This is the expectation one rightfully can assume and expect to receive from the other party and 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 may other obstacles may be found.

car accident in South Africa        car accident in South Africa
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


RAMLA - car accident damage claim service South Africa


Traffic accidents causing car damages happen every day on our roads, in South Africa. The challenges to get compensation for destruction to a vehicle or motor car are different, as to the circumstances and situation.

A short breakdown of the headlines on this page will be found by just scrolling down a bit. Those information's given are of a general nature and it may not always explain or suggest a perfect solution for a particular matter.

This is why RAMLA - Road Accident Management & Legal Action - offers a first free analyse and response to persons, faced with motor car accident compensation issues.

RAMLA is a specialised Expert in all MVA - Motor Vehicle Accident - matters and our work is focused just on solution to get compensation paid, Insurance disputes solved or taking defensive measures against unrealistic or inflated claims.

We may well be one of the most experienced experts in MVA compensation matters in South Africa. Anyone having a problem within the spectrum is welcome to contact us.

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

                  Professional - competent - swift - decisive and affordable






Avoid divergent/contradictious statements what happened

Motor insurance companies investigations in accidents

Rebutting investigation results, not reflecting your view?

Apportioning of damages, can be very detrimental



Headlines and Issues on this page


Once a claim will be declined and often the motor insurance policy cancelled, it will be a challenge to get it right, in either a dispute resolution, Ombudsman's involvement or in some cases only be resolved in a court of law.

The problem is, that it's very easy for the Insurer alleging violations of terms, sometime without any proof provided. In suspected driving under the influence of alcohol or drugs, declines has been nade 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.

Don't misunderstand, it's certainly the right of the Insurer declining a claim, if the insured doesn't abide to the rules of the road and the terms and condition of the policy, but it should be on reasonable grounds and not on hearsay or suggestive interrogations.

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.







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Motor Car Accident, in South Africa?
You want your car accident damages being paid for and receive your material vehicle accident damage compensation for destructions, suffered in a traffic accident on South African roads?

You are welcome to contact RAMLA to receive free advice after a free accident fact check to determine your position.

Contact RAMLA (Road Accident Management & Legal Action), tell us your Motor Vehicle Accident story, the issues of concern, the problems you detect or face and get a free check and advice how to proceed. We will check and analyse your individual case and revert to you - most of the time in short circle -.

For best results contact us by email initially, give us an idea of the incident, attach one or two pictues of the damages or relevant situation, the extend or value of the damages suffered - if already assessed -.

In case of an Insurance claim decline, supply us with a copy of the repudidation letter, of give us the reason for the rejection and name the Insurance Company.

Should you like talking to us (phone contact displayed below), do that after the initial email briefing, but keep in mind even we need some time to check about your matter first.

Be welcome to utilise such valuable absolutely first free advice

 
car accident in South Africa

RAMLA can be the solution in MVA matters

Do you know that RAMLA is a specialised expert in handling and enforcing or defending all kind of MVA (motor vehicle accident) matters, pursuing motor car accident compensation claims, Insurance dispute resolutions, for its clients - effective - professional - decisive and resolute, to best and affordable fees.

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As you probably have recognised on our comprehensive web information platform, we do know what we are taking about.

We do invite anyone in South Africa, facing an MVA (motor vehicle accident) problem, to contact us for a first - free - analyse of your particular matter and get initial advice how to proceed.

As a specialist in traffic accident recovery actions, we act for clients/members in the relevant manner, but based on a paid mandate or membership, if a need of practical support arises.

We do offer a free first advice, to determinate your case and give you a direction how and what may be the way forward, in order to build confidence with a potential client.

As professional specialists, in charge of acting in motor accident damage claims in South Africa, we offer a well performing, decisive and demanding claim pursuit, at affordable fees.


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

       motor car accident damage claim is complex             

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


It's so easy contacting us by email.

The effective way will be sending an email containing the nature, damage and problems detected. Once sent through to us, we will study the matter and after analysing the facts, we get back to you by email (most commonly within about 3 hours), with the result and advice,

- free of charge.

If you like to explain your problem to our claim manager on duty, you are welcome to contact us by phone for an initial briefing on cell 076 770 3179 (standard rates apply).

For best results: dont't just call, once you took notice of the opportunity!

First think what you like to get accross, best file it as email and call therafter.

For reasons to convince you not just calling immediately, please follow: how to contact RAMLA successfully.

It will be much more effective; if we do get a briefing of the matter via email, before a telephone call, so we will be prepared answering your questions.


Car accident compensation claims for damages, may cause some headache,

in South Africa.

RAMLA can be the solution to sort out MVA problems.

Not everything in a compensation action goes smooth and the way wanted, as we are confronted with numerous possible challenges.

RAMLA is a specialised expert in material car accident damage claims,

demanding, enforcing compensation actions, supporting disputes with Motor Insurance Companies or its agents, work in Ombudsman's review cases, or defend a motorist against unreasonable or inflated compensation claims.

Contact RAMLA to analyse your case, and get a free opinion where you stand and what to do next. You can contact RAMLA 7/24 and receive a response soon.


It's so easy, just e mail your story and attach what you got to make the RAMLA claim manager understand your problem.

Just draft a brief report of what had happen and send it (use this mail link) to RAMLA for free analyses and you will receive a reply soon.


Contact us now and let us know how we can help you?


car accident in South Africa

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

RAMLA offers full legal support to solve car accident claim, a comprehensive claim preparation and action to enforce compensation, all the way up to a court case.







What to do avoiding divergent statements about the course the accident happened?

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.

car accident in South Africa        car accident in South Africa


Motor insurance companies investigations about matters of the 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.

car accident in South Africa

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




car accident in South Africa
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.



Salvage in a car accident           Salvage in a car accident




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               Know more about the free first case analyses before contacting RAMLA?



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.

car accident in South Africa        car accident in South Africa


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.

car accident in South Africa

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




car accident in South Africa


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

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

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.

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



Salvage in a car accident           Salvage in a car accident




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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 of clients confronted with unreasonable or inflated claims.

Car accident issues that matters most:





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

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

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

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

We work only on motor car accident matters.

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

Welcome to RAMLA

Road Accicent Management & Legal Action - South Africa








 

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

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

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

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

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

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

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

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

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

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

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





 

Defence against unreasonable or inflated claims?

RAMLA can help you most effectively to get a claim dropped or eased.

The results defending someone against whatever car accident compensation claim, can be very good, as often the evidence the Claimant do have is not sufficient to proof the claim, which is a pre-requisite for a successful action.

If it isn't as clear what the implications are and what evidence the other party/Insurance do have, chances are very good to stand through and get a claim successfully denied, even if a summons may have be served already.

The party alleges or accuses is forced to proof the claim and not the demanded party.

Many Insurance recovery claims fall short of such reliable evidence and therefore can be repudiated, even if it comes from attorneys or recovery agents.









 

However we do handle every substantial MVA claim,

against whatever party, Insurance, reluctant party or company successfully, given the merits of the issue are clear and stand a challenge.

Should the merits not be so favourable in the first place, we do all we can, improving such merits, to get the matter being a strong case.









 

Chances of success, if there is a strong case, and any other winning guarantees?

Those are questions we hear frequently, before a new client is prepared to accept some fees.

There cannot be any guarantee of success in legal matters, as the other party may have evidence matching or being better proof. If it comes to an action in a court of law, the presiding officer is the instance of weighting all brought forward in the action and decides.

However if sufficient evidence is at hand, chances are high to predict a win and succeeding with a matter, which ends up in an acceptable settlement/judgement.









 

You want to visit a local RAMLA office in your area and have a chat with one of our experts?

We are very sorry telling you, that we have chosen a different way of performing our business.

In order to hold overhead costs low, and not compromise on expertise and service, we have decided to act from one central, but not public office, in the Western Cape.

In order to hold fees low and offer very competitive rates, compared with similar legal services, we decided to concentrate intelligence and contain costs in this manner.

Anyone who likes to visit his/her adviser or attorney, should not choose RAMLA as a favourite, as we cannot or want honour just that.

But we can deliver the way we operate effectively, wherever you are in South Africa and with whom ever we have to deal, effectively, decisive and affordable.









 

What about fees, must they be paid upfront or can it be deducted from recoveries?

Let me answer the question in short.

Yes, all fees need to be paid up before we take action.

Why is that so?

Our fees are as competitive low, that we cannot enforce any such fees economically, if someone just take our services and thereafter give us hassles to pay.

Any local attorney will do the same, as asking for a deposit, commonly far higher than our entire fees are, upfront.

In general those deposits are offset against fee notes and further deposits requested in due course.

We dont do that. We deliver services not billed on time issues, but on performance phases, which gives cost certainty and the assurance to be taken care of the full matter.

Contact us to get more detailed information.









 

Any doubts about our capabilities or performance as this offer is an anonymous one on the web?

Well I must accept such doubts and can only point out and rely on the many we served before and who may be contactable for reference.

Check out what we display on our comprehensive web pages, which will back up our knowledge and experience without a doubt.

Anyhow we will never accept a mandate before we have had a first free analyse of your particular matter and if you aren't satisfied with our reply, simply don't go on with us, despite it may be detrimental to you.

We value a fair and open informative strategy, keeping a client updated, which will please most of those with an open mind to comunication technologies, such as email etc.

But we can only do what we offer and if you aren't happy with such offer, just get into contact with your local lawyer, or ask us to refer you to someone with specialised knowledge in MVA matters.









 

Should you have been through all before . . .

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

You're welcome to be served perfectly.

Kind Regards Your RAMLA team













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