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

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

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

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

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

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

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

	Below please find some issues and occurrences of common interest, listed and linked. Car accident issues that matters most:

	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

	value of damages    Calculation of damages    Quote or assessing    severe damage -       write off - total loss,       scrap, salvage

	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.

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.

	Issues with South African Motor Insurance companies

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.

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.

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.

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.

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.

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.

	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

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.

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. dispute resolution - Ombudsman (OSTI)   Go directly to page selection Headlines

Your specialised legal expert to sort out MVA matters                   Professional - competent - swift - decisive and affordable		Road Accident Management & Legal Action The first stop solution for any MVA problem

Ombudsman Motor Insurance - OSTI - Insurance declined, shortfall in claim compensation - decision review

The Ombudsman for short term motor insurance - OSTI, is or should be an independent arbitration service, created by the South African motor insurance industry for its clients not satisfied with a settlement decision.

The instance is created to review and settle or uphold motor insurance companies decision to settle a claim or not, before an Insurance client is forced to seek relief in a Court of Law, to find amicable solutions of disputes between an offer to settle or a decline of a claim and as such not accepted by the insured client.

It is an institution to which all South African motor insurance companies can voluntary subscribe to. In doing so, those Insurers will respect any decision or reviews of its cases and particularly abide to the rulings and findings an Ombudsman will take, out of a case review.

The Insurer will either be find its decisions be uphold or altered, up to a fully different decision or conclusion from the Ombudsman's review. The Insurer will abide by the rulings and do not oppose or challenge any finding throughout other legal avenues. The insured client however, still do have the right and option to go to a Court of Law, for a full legal claim against the Insurer, if he/she is not satisfied with the outcome and ruling from OSTI.

The method of the review will be by initial application of a complaining Insurance client, after having attempted to settle with the Insurer before, even utilising Insurance review/complaint departments, but still be unsatisfied on reasonable rounds unless all possible mitigation or all avenues failed to satisfy the client.

The insured client will file an application and provide the Ombudsman with facts addressing the complaint and request for review for a different outcome. A client may take legal representation to facilitate the review.

Such argumentation will then be presented to the Insurer for a reply and comment, as well as given the opportunity to present the Insurers point of view and supporting evidence.

The insured client will be provided with the Insurers full reply and the entire argumentation the Insurer rely on to support the disputed decision and the Applicant/Claimant may again reply.

Thereafter the Ombudsman is expected to rule.

Successful OSTI review cases need some attention and knowledge on how Insurance companies will argument and its rebuttal

It is often anticipated that the instance of an Ombudsman comes with some neutrality and be unbiased. Well, experiences over years do not warrant all above.

A person being insured comprehensively for motor accident damages, by obtaining a motor policy, can approach the Ombudsman for an arbitrational review. Such review will be according to OSTI rules and contractual law.

Motorists not having an own comprehensive motor insurance cover, cannot successfully approach the OSTI Ombudsman for a review, as 3rd party claims are not part of the OSTI scheme.

Argue a case with the Ombudsman must be more as just repeat arguments, already discussed with the Insurance before.

Once the initial argumentation or complaint be submitted, the Insurer will take its frequent experience of dealing with the Ombud and based on its previous investigations etc., will put a position before the Ombudsman he may accept, if not substantial rebuttal will be available and provided by the Insured.

Another loophole or better impediment will be in the way, if matters of facts are colliding and one position can not be proven stronger as the other. The Ombudsman, different to a Court of Law, cannot hear witness or verify evidence or true facts, other as to those of legal aspects.

That may mean, the Ombudsman will not rule and close a case, without any decision, due to his opinion of collision of facts, that he cannot verify the objectives within the scope of his mandate.

Such may apply if two different Investigators present two different expert reports, based on the same issue, but both come to a different result. Experiences however show that some assistant Ombudsmen will accept questionable witness interrogations, even if disputed and argued differently.

In other words, disputes aren't always resolved, despite the Ombudsman take and give himself a lot of time to handle a case, but often ask a Complainant to be responsive in a short period of time, or otherwise face closing the case or may find a ruling against the Applicant.

Without experienced legal support, matters may be difficult.

Initial process to evaluate a claim decline and examine the arguments for a rebuttal, due to own comprehensive decline or even a 3rd party decline

After reporting a motor insurance claim against own comprehensive policy, for a compensation of car accident damage, either caused by the insured themselves or even should a third party be the liable, claiming directly as a 3rd party claim from them, it is decided to resolve matters utilising the own comprehensive cover, the claim must not necessarily be accepted and approved.

A motivation for such claim against own cover may be, even taking the disadvantage of access contribution and risk of downgrade own claiming status, just avoiding the workload of a claim.

Once a claim is pending with the own Insurer the claim admin starts to engage into the pending claim and analyse the details.

The initial task for the Insurance will be, evaluating if a claim can or should be entertained, as to the policy and circumstances in a particular case. That can be both, an easy and unproblematic matter, or can trigger investigations into the circumstances of the accident.

Should the latter be the case, difficulties or disputes may be expectable.

	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

An insured should be on alert, once learning about investigations or extended assessments, such as interviews etc.

Before a claim will be accepted or declined, the claim evaluation is with the Insurer. It is therefore necessary to cooperate and adhere to what they possibly require, in due process, even if it is a "digging" in privacy, not losing the cover, as the terms will obliged the insured to cooperate, or risk getting the claim rejected and perhaps even the policy cancelled.

After launching all the requested documents and statements, it may be further request are to be met, such as allowance to check the cell phone location, tracker device data or any other type of request, such as bank statements etc. All should be met, as otherwise a reason declining the claim can be drawn from non-participation, as probably laid out in the insurance terms, just on such issues.

A claim should always contain only true and valid argumentation, which can be backed up with evidence. Some Insurance companies only too often apply dishonesty to decline a claim and even cancel cover.

Should the motor insurance cover be cancelled on such basis, it may be that the Insurer reports such to a data pool, something similar as the credit bureau, which can give motorist difficulties to obtain new insurance cover with another insurer.

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.

Know more how to contact RAMLA, best to do and what we need knowing to reply

	Ombudsman - OSTI can review some Insurance declines           Notice: Succesful OSTI reviews need attention Initial process to evaluate - reasons for a claim decline The process of challenging - an Insurance claim decline           Any compensation claim - can be challenged if declined Mediation in an ongoing claim in the process of evaluation Declined Claim - Dispute resolution with the Insurer           Check background and reasons - regarding the Insurers decline decision           Re investigate any allegations - not acceptable to the Insured           Collect evidence, formulate, draft arguments - suitable rebutting decline OSTI - Claim review decision - if declined escalate to a court Unresolved, disputed MVA matters can be taken to court Headlines and Issues on this page Contact RAMLA for a free fact check and advice

Your specialised legal expert to sort out MVA matters                   Professional - competent - swift - decisive and affordable		The process of challenging a Motor Insurance claim decline, South Africa

The process of challenging a Motor Insurance claim decline

Once a decline is expressed, perhaps initially submitted telephonically, a written statement should follow, setting out the reason of the decline and notify about remedies available to the Insured, if not happy with the outcome.

Despite the fact that - at least for a comprehensive insured client, not accepting a claim decision, - there are some remedies, such as dispute and possible resolution, review of the matter with the Ombudsman, or even the last opportunity to approach a court of law, it won't be an easy task challenging a wrong decision successfully.

Challenging the matter in dispute, directly with the Insurer, is most commonly a relatively unfruitful matter. In almost all cases, where the dispute is addressed in a similar manner as the claim arguments, brought forward before, such will expectedly not find open minds in the Insurers review process.

It must be expected, if not new and powerful arguments brought forward, that the dispute with the Insurer, will be resolved to no avail.

The next step on the challenging path will be an application to the Ombudsman for short term insurance, OSTI for a review.

Unfortunately this remedy (review by Ombud) will only be available for comprehensive insured insurance clients, claiming from own cover, and not be open for 3rd party claimants.

Many insurance clients do hope sincerely the Ombudsman will be open and helpful and have an equal support for both parties' arguments. This however can even be a disappointing experience, if the applicant initiating the review or his /her representative, doesn't know the rules and priorities, to have at least a chance, getting the Insurers decision overturned.

	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

The Insurance admin work with Ombudsman case reviews all the time and they do know what the Ombudsman want to be able to uphold the Insurers decision and they certainly comply with such expectations.

That means the Insurer provide evidence, commonly in the form of Investigation reports and "expert" assessing or reconstruction reports. Those reports can be of bad quality, as they are often produced by "low cost" experts and may have a number of flaws.

Addressing those flaws, won't be good enough for the Ombudsman to have them discredited and the Ombudsman himself, does not question the quality or substance.

In order to rebut such possible flawed or weak evidence, all facts and evidence provided in the course of the review (the insurer must provide the applicant with all he rely on) must be analysed and addressed, by an at lease equally qualified or better qualified expert report, presented in an appropriate and competent manner.

The Ombudsman him/herself is even not as much qualified and able to qualify all those evidence the correct way, especially if it comes to the borders deciding about matters between negligence and recklessness, which however are the key questions in a number of cases, in order to succeed or losing the review.

A qualified and experienced representative such as RAMLA can make the difference in order to support a client to have the right measures in place and having a better chance to succeed, even if it will be necessary to accept some fees, which may be far cheaper as perhaps unnecessary losing the case.

However a decision or ruling, made by the Ombudsman is not binding for the Insurance Client, but for the Insurer, if in favour for the client. A client does still have the way to a court of law, if the decision isn't acceptable and the evidence at hand be sufficient to challenge the matter in court.

A South African court of law does have more powers as the Ombudsman do have and can hear witness and other experts in the proceedings, which can bring the true facts to the fore. A judge even will be absolutely unbiased and regularly does have a wider competence in analysing issues, interpreting and applying the law, as the Ombudsman.

However it is always advisable to go through the Ombudsman's process, even if it is envisage to go to a court of law at a last resort, as the process will give the applicant the advantage to know on what the Insurer rely, which otherwise will only transpire during the course of the court process.

	Need support to solve your particular motor vehicle accident claim problem, competent, professional and affordable?

Having regard of the above, some of our fellow countrymen already decide to give up, just in fear of workload and/or disappointment about any claim process.

That will be a bad decision and is absolutely to the benefit of those insurers, taking chances, where ever they can and decline a legitimate claim.

The good news is:   A declined claim can be challenged

The decision whether or not challenging a claim decline, should be done in an objective manner and not just based on disappointment or perhaps unrealistic expectations.

Challenging the Insurers decline decision isn't as complicated and not condemned upfront to lose against a "huge and mighty" Insurer, even if the arguments seems to be noticeable and perhaps even backed up by some "expert" assumptions.

The Insurer is by far not always correct and negative decisions can be challenged, if there is some serious doubt, utilising experts to support the challenge and find the faulty parts of the argumentation and proof it wrong.

Such experts, such as RAMLA taking care of the process or other experts challenging presented evidence, may come with some costs, but depending on the damage value of the declined claim, well worth to invest to succeed, instead to accept a total loss without the opportunity to get the decline reversed and be paid.

Challenging damage values not paid are worth to take on, already starts in the region of only R 20 000.00, which to today's vehicle repair or replacement costs isn't as much.

Your specialised legal expert to sort out MVA matters                   Professional - competent - swift - decisive and affordable		Mediation in an on-going claim during the process of evaluation, South Africa

Mediation in an on-going claim, during the process of evidence evaluation, don't hesitate and just do so

If we say, mediation in a pending matter we do mean, get someone involved to your support who do know the pro and cons in a motor insurance claim, its challenges and the way to mitigate disputes.

It must be highlighted that most motorist involved in a traffic accident, luckily don't have such bad luck every other day. A car accident happened unexpected and suddenly, but not every day.

That certainly has the effect, that ordinary motorists don't have intimate knowledge of the requirements, challenges and knowledge of remedies available. The motor insurance agent, broker or claim admin, do have such knowledge, as they work with such matters/issues every day.

In that regard it must not take a wonder to recognize who is in the better position, if it comes to difficulties.

Matters can be addressed within the claim validation period and there is no need to wait until an unwelcome outcome is expected. Many claims can be shortened and turned positively in the initial claim phase, if handled professionally.

Solving matters in the evaluation phase means, getting compensation much, much earlier, as if a dispute must be launched, or even the Ombudsman's review is needed, even worse, if matters needs to go to a court of law for final decision.

All those escalations, will take time and regularly comes with some money lost or need to be spend. So our advice at this point, think twice if doing it all the way yourself, as results may be much better with professional support.

Getting involved in mittigation may be much better, as let matters go out of hand.

It's certainly not always appropriate to fight with the other party or the insurance company, if damages are rather of small value, or the question of liability is not in favour of the demanding party.

Finding a fair compromise to end a dispute to the right time, can certainly be a valid option.

In the case of a motor vehicle accident the liable party, have to pay the damage of all others involved in the same accident. Given that the analysis of liability will not clearly determine who is liable causing the motor car crash and what is the cause and the accident at all, it must be investigated.

        

Without a clear picture of what had actually happen, one will not be able to reach a fair and balanced compromise to settle the auto accident damages.

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                Contact RAMLA . . .   for your free initial case analyse   Now
                Know more about the free first case analyses before contacting RAMLA?

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

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

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

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

Be welcome utilising such valuable absolutely free inital advice*

		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.

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                     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. Important Notice: We further like to emphasise that the free advice is limited to give a first opinion and options how to go ahead, but not contain the offer of free practically pursuit of an individual matter. If active support is needed, some affordable fees must apply, as it is common for most or even all external services. Please be conscious of such and we trust it is very understandable and acceptable, not to expect specialised experts to provide daily work free of charge, as even a humble supporter such as RAMLA, do need cover cost and labour.		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.

Your specialised legal expert to sort out MVA matters                   Professional - competent - swift - decisive and affordable		Declined Claim - dispute resolution with the South African Car Insurer

Declined Claim - dispute resolution with the Insurer

Once a claim for motor car accident compensation has been declined by the Insurer; it will be the first task looking on the reasons.

Should the reasons not convince to be fair and correct, it must be established what went wrong and at which occasion, to what investigation or what other violations may be averred.

Once it's clear what may be the problem that the claim been declined against true expectations, the arguments and facts to rebut such decline, is to be looked on, prepared and formulated to be submitted, if not acceptable.

Most South African motor insurers offer internal "dispute resolution", which may be named differently. Such dispute resolution instance will have all the information about the claim and will in almost general terms, unfortunately initially back up the decision, taken by the claim admin, before.

They may adduce more information to the decline, so to have a better basis of understanding or a platform for raising arguments and facts, in order to alter such decline. The dispute resolution personnel regularly do have the powers to do so and change a decline into an acceptance.

They however will only do so on well-founded arguments, which are not always easy to find and underlay with facts.

We have seen a number of cases where almost little intention been given to legitimate argumentation and stubborn holding on positions, not expected to stand a review in a court of law, but in knowing that playing hardball, sometime more often than not, let the claimant desperately and as result, just let go the claim.

It shouldn't be like that. It has however to be taken in mind, that no all those declines in MVA matters, are unreasonable.

A decline can also be seen in some attempts to partially decline a claim, which however may apply in 3rd party claims or in contradiction to terms of the policy, as to dispute liability and accuse other motorists of contributable causation and liability, or allege breach of the insurance contract, which may not always be correct.

Don't be impressed if you are confronted with legal extracts of parts of the law or case precedents. Even the law acknowledges that each and every case is different, and a precedent cannot serve to determine an individual case, but can be utilised for the principle of such traffic situation.

Once such apportionment is on the table, check for further information on the RAMLA web info platform, to find the way forward. Find more about apportionment of damages or check for breach of insurance terms and conditions.

        

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Check background and reasons - regarding the Insurers decline decision

In order to argue successfully the full background of the decline should be looked on to understand the Insurers motivation and the facts the decline is based on.

This undertaking however will not always be an easy task, as some South African motor insurers don't play easily with open cards. Some just argue in standard phrases and refuse to supply more and detailed information at first request.

Some insurer/broker/agents, goes as far as saying the information requested is "privileged" and be hold back to just that reason.

It must be admitted that no one can be compelled to behave in an ordinary and honest manner and that compelling forces sometimes only are the powers of the next instance.

In a dispute according to own insurance cover, the way to the Ombudsman can help, at least get such crucial information released, should the particular insurer be part of the Ombudsman scheme.

All background information received from the declining party should be cross checked in a honest and as objective manner as possible against the position hold by the Claimant.

Should this evaluation come to the conclusion, the decision the Insurer or party has taken in its evaluation of the matter is not acceptable and contradictory to facts and evidence to the Claimants disposal, a challenge is absolutely the way to go.

        

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Re investigate any allegations - not acceptable to the Insured

On the way of rebutting a decline or dispute another party avers, own documentation is crucial. The evidence at hand, or possible to get from witnesses or other sources, such as surveillance devices , photographs out of other perspectives that can give a different understanding into or about the dispute etc. , will be of importance.

The mere averring or claiming to have a different point of view will not help achieving a change in position, in an already filed decline or dispute as it doesn't do in the deciders mind.

Witnesses who can contribute documenting the true circumstances are an important tool/asset in such fact finding/presenting process. A witness should explain the circumstances and state the affair in a written and to best properly signed affidavit.

Other forensic evidence as mentioned above should be prepared to be presentable and properly commented, as to rebut contradictable points of view.

But sometimes it is possible to rebut a dispute or decline, just based on the evidence brought forward to support the decline or dispute. It isn't a rare occasion that analyses and conclusions made by Insurance investigators are week, lacking truth or even be inadmissible.

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

It will however necessary to have some professional knowledge of concerning matters, traffic situations, corresponding obligations and laws, in order to analyse and find the crucial points and address it.

Those investigations, performed by some individuals trained on the job, going around with a precast expectation, finding something that will help or support a decline, can sometimes easily rebutted by just questioning those sources or witnesses again, just finding out that what has been stated must not necessarily reflect what they indeed have been expressed.

In processing a client's case, where such averments been checked the way, it turned out that a cited witness for most or all the violations of terms or wrongdoing, certainly next to other week testimonies, had been drawn from a minor, at the age of between 8 and 10 years old and it is commonly accepted that such a minor cannot testify in legal terms.

The report however did not identify the person to be a minor at all. All it says was the first and last name and set into a conjunction of circumstances.

Other questionable witness statements can be such as those of a barman, stating having seen the person in question drinking beer.

We have had even an allegation of drunk driving based on just a credit card slip, showing a purchase of a six pack at a refuelling station. Such slip certainly cannot be proof for consumption at all, let alone just after purchase and while driving. A proper proof of drunk driving can only be a positive blood test after a breath testing.

The above is just suitabe of giving examples of how to look onto matters in a particular case and document, that the true circumstances, differ from allegations and the proof offered to ascertain the allegation isn't proper.

Should you see some similarities after reading the above and don't have the expertise, time or other reasons not addressing such averments in a rebutting manner, contact RAMLA we can do it for you.

        

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Aver your claim - Collect evidence, formulate, draft arguments - suitable to rebut the claim decline

Argue and address the merits of your claim and show the averment made in the decline isn't standing the review.

As mentioned above, just saying - I don't agree, the decline isn't fair - won't do the job even as a bare denial won't do to sustain argumentations.

The way forward will be to destroy the suspected wrong evidence by name the problems and supply the true facts, best accompanied by proof. As mentioned before, proof can be of forensic nature, pictures, video footage, surveillance device recordings, or witness statements, evidence from the scene of the accident and so on.

Matters need to be addressed as clear and factual as possible. It can be a challenge for a victim fighting for fair compensation to hold back emotions. But let's be clear, emotions or only subjective focus won't help establishing what is needed to get a matter sorted satisfactory.

There is quite a risk in self-defending or claiming actions, if someone doing so don't know exactly what needs to be done and how it must be performed. We do know that a number of visitors to our web pages come to look for advice, best free and cheap. That's what we provide to the best we can at a time.

But taken the best advice isn't a guarantee or even a gradually a prospect for success, if handled incorrect or week. It is always an economic component that recommends if it's appropriate to engage someone professional and accept some fees. We suggest the interested reader should find out if the relation of fees and the economic risk potential are balanced, by contacting us in such regard.

RAMLA even offers a very cheap support option for those who do have the knowledge and willingness to take matters in own hands, but avoid cardinal mistakes and get advice to proceed successful.

        

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OSTI - Claim review decision analyse - accept or escalate matters to legal action in a court of law

As all the arguments and facts from both sides are with the Ombudsman's file, he/she will consider the arguments and prepare for a decision and eventually make a ruling.

Should the ruling be satisfactory, matters come to an end and the Insurer will settle as ruled. The Insurer has accepted to abide by the arbitrational ruling. The Complainant however doesn't need accepting the ruling and do have the legal route in a court of law, open to him/her.

The Ombudsman's arbitrational process will be time consuming, but give an indication of the problems or obstacles, if the ruling will not be satisfying and the Insurers position been upheld, but been of low pecuniary cost, but a valued source of information for further decisions.

Taking legal actions against the Insurer, one do have to be in correspondence with time barring clauses, contained in the policy contract. Regularly the time frames applicable will be referred to within the process, firstly in the decline letter and secondly in the Ombudsman ruling.

It should however not be taken lightly and going to court, if the facts, not accepted by the Ombudsman, cannot be proven in a better manner in court.

The process in court is long term and expensive and should only be considered if the chances for success are in a good relation to the negatives within the legal process.

        

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Unresolved MVA and disputed compensation matters can be taken to court of law

Any dispute, not only an unresolved Ombudsman review, out of car accident damage, can be taken to a court of law, for an unbiased and lawful review and judgement.

There are material differences in the processes of those of the arbitrarily Ombudsman and those of the proceedings in a court of law. The applicable court do have wider powers as the Ombudsman, especially in hearing the case in person, subpoena witnesses for testimony under oath, and operate with and utilising the learned legal qualifications the judge/magistrate do have.

A court process is firmly concentrated to be objective, look onto matters objectively from all the angles. The presiding officer will arrive at a judgment to the end of the trial.

It is unfortunate that South Africans don't frequently take car accident damage compensation claims to court for resolution, as to well-known obstacles, as time consume and costs for legal representation. But many fair chances of compensation are missed out in not considering taking opportunity of the courts abilities.

	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

This common knowledge however encourages some parties in a claim to try and take chances, as they calculate a challenge in a court of law is of low expectancy.

Taking in mind such restrictive mind-set, makes it easy for parties to deny a claim or wrongly allege on not sustained averments, giving the other party the challenge to decide, accept a bad offer, drop or take on the case.

As mentioned, the majority will back down in regard of costs involved in a legal action and those took chances just triumph.

Taking the right decision isn't always easy and recommendations can only be given in individual cases after careful investigation of the facts and facets of the matter.

However damages of lower value can be brought to the small claims courts in South Africa, for relatively low costs and adhered to a quick and effective process.

        

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read more about: You receive an offer to settle your car accident damage

	RAMLA - Road Accident Management and Legal Action - is one of South Africa's most experienced and decisive advocates to sort out legal disputes with parties, Insurance companies or act in defence for clients, confronted with unreasonable or inflated claims. Car accident issues that matters most: We are legal specialist in motor car accident damage recovery matters and offer our services to those suffering damages or in need to defend unreasonable or inflated claims. Taking on disputes with motor insurance companies, engage and solve unfair declines or incorrect apportionment of damages, oppose a wrong assessed Quantum, or take a matter on review with the Ombudsman (OSTI), to get a matter of comprehensive insurance dispute reviewed. Sometimes, if a matter cannot be resolved in a full attempt, and the case need to be heard in a court of law, should all fail to find a solution in pre-litigation, the escalation to a court of law is inevitable, we will suppot the action. RAMLA can get you through the trouble, get reluctant parties moving serving Summons, for just some affordable fees, commonly just equal or lower then towing/storage cost may be. We are one of the most experienced, decisive advocates, when it comes to car accident problems - issues of compensation or defence against unreasonable or inflated claims, bad repair practice and much more. We work only on motor car accident matters. Check us out, so you do know if we can uphold we say, free of charge. Welcome to RAMLA Road Accicent Management & Legal Action - South Africa

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

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

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

- free of charge - ,

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

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

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

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

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

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

	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