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This RAMLA web platform providing much information on almost all interesting issues in connection with MVA - Motor Vehicle Accident - matters. If you do not find you look for, use our keyword search page and look for the related keyword.
Motor car road traffic accident damage recovery, is what our subject is all about.
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Below please find some issues and occurrences of common interest, listed and linked.
Car accident issues that matters most:
Keywords Section - X Y Z
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Caught up in a car accident
in South Africa, may force a party to claim damages from the wrongdoer,
or may lead to the need to defend against inflated or unrealistic claims.
RAMLA - Road Accident Management & Legal Action
Car accident lawyers and professional claim managers, enforcing traffic collision damages, effective, decisive but affordable.
Caught up in a traffic collision were motor cars/vehicles been involved, most of the time material damage or damage to property such as cars or other amenities, will come along with the impact.
An impact causes damages and compensation for repairs is automatically at stake.
RAMLA do concentrate on material or financial damage compensation claims, to get you be paid from the wrongdoer and/or liable party, in an accident scenario.
Such compensation claim can be one directly targeted against a wrongdoer in person, or dealing with representatives such as Lawyers or Motor Insurance Company claim deciders as a 3rd party claim.
Any claim needs to be funded on evidence and factual arguments supported by proof.
Proofing a claim is often easier said as done, as proof comes - in almost all cases - from the circumstances of the accident and evidence need attention right at the scene of impact.
Given if it is missed to secure evidence at the scene and its been not thoroughly attended to, it is time to do it now and act to secure all facts possible.
It is certainly not impossible to get such evidence, even in time after the accident, but it can be more difficult.
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Free case analyse!
Dear valued reader, checking out the RAMLA car accident compensation platform; obviously you do have some traffic accident damage issues to solve.
Contact RAMLA for a free check and advice about your particular case issue. Just tell us about what happened and problem you face.
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It may happen that potential witnesses left without identification, debris be cleared, faulty traffic lights be repaired, or CCTV footage deleted.
Pictures from the scene, document vehicle positions - damages etc., can only be taken, if and when cars still be in its places, which - once available - will have significant value in proofing facts and help reconstruct the impact or scenario.
As much important evidence is in itself, it is evenly relevant to know how to use it.
The ultimate goal is to be compensated for losses.
Experience is needed to be knowledgably and competently in order to address a claim and achieve a fair compensation pay.
Once a claim formulated, documented and served, still the reaction of other parties needs to be waited for and the content thereof to be analysed.
Results will define actions as what steps will or need to be taken next.
As a claim is formulated and supplied, it is to no certainty that reporting a fair claim, even if it is well documented, must lead the other party agree and accept and certainly pay the damages claimed.
Disputes can arise about the way all unfolded, the question of liability can be seen from different points of view, damage value or Quantum be under dispute and many more aspects of disputes can be raised, too much to get to in this column.
Another weak point can be a lack in knowledge how to handle a compensation claim.
People only looking for some advice only a while or even after a longer period of time, past the actual accident, and visit Web Pages such as this one you browse now - often late, and in the meantime doing all they can to address a compensation action to his/her own knowledge.
Many try to act on what may be at hand and they find and regard themselves to be fit for it.
This may work for a number of cases, as matters are clear and facts at hand are strong in its evidential role and the opponent or defendant do not argue unfair.
However it would be too optimistic to believe it is the normality. It is not, as it is almost the opposite, as many cases end up unsatisfactory.
Results or settlement offers may be incorrect in adjustment of liability, often named as contribution to the accident, by not adhere to all the duties, citing perhaps unreasonable precedents and/or allege and apply apportionment.
That may lead to significant losses, shortfalls or complete denial/repudiation of a claim.
Not any layman may be qualified to see through all of that and know if all what one faces in terms of reaction or settlement offers, will be fair and correct.
We do believe it is worth taking time and effort to check out on any doubt, before accepting any proposal.
Sometimes bodily injuries occur in a vehicle collision inflicting harm and pain to humans.
Even bodily injuries do have in some way a financial component and a victim need to be compensated in order to cope with recovery and subsequent costs etc.
However - we the author of this Web Platform - RAMLA - do not deal with bodily injuries claims.
Many specialised lawyers offer its services to solve matters pertaining a RAF (Road Accident Fund,) - bodily injury compensation claim, but the South African Government recommend a victim to first check and find out if one can claim without any specialist, in order not to spend a large portion of compensation on Lawyers fees.
We are specialised expert's in all respects to motor car accident damage compensation
claiming damages, defending against unreasonable or inflated claims, working in Motor Insurance disputes, in all those subjects over a long period of almost 15 years.
We attended thousands of requests, analysing, supporting and pursue material car accident claims, expertly, effective, economical and affordable.
Such excellent service can be to your service Nationwide, in South Africa.
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Free case analyse!
Dear valued reader, checking out the RAMLA car accident compensation platform; obviously you do have some traffic accident damage issues to solve.
Contact RAMLA for a free check and advice about your particular case issue. Just tell us about what happened and problem you face.
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Road Accident Management & Legal Action (RAMLA) can professionally represent clients, taking care of their interests, which can be the solution you may look for.
You will find a lot more of useful information on the RAMLA web pages.
Check out for keyword links in the left column to select your topic.
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Not each and every car accident compensation claim will handled fair, correct and reasonable.
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Initially important is, to know the definition of what we have to understand, is full and fair motor accident damage compensation.
But even before doing so, we have to clarify that the South African System of motor car accident compensation, is split into the sector of bodily injuries, which deals with compensation actions regarding injuries to the human body and material damages, such as compensation for car destruction or consequential damages.
The RAMLA web pages, you are browsing currently, only focus on material damage compensation and civil claim actions to be financial/material losses paid for full and fair, resulting from traffic accidents.
In terms of compensation, the South African law say:
You should materially be compensated to the state before accident, so that you will be able to repair your car to pre-collision status, or if repair cost will exceed such pre-collision or market value; and the car be called a write off, be compensated to the amount of money the car been worth to time of impact, minus any sellable value or Salvage of the vehicle.
That means either you cannot expect a new car (some exemptions excluded here i.e. if your motor vehicle new, not older than a year since being on the road the first time, or depreciation kick in, if your car is fairly used and the marks of wear and tear, impacting your auto value to a specific time.
But even an older motor car must be repaired to manufacturer's standards to maintain the roadworthy status, as long as it will not be a write off.
Motor car accident damage claims may get into difficulties, once another party do not agree with what is claimed for.
Differences may be to condition of Quantum/Repair costs or of Liability.
Disputes must be addressed and corroborated by factual evidence, such as witness statements or pictures, CCTV footage or any other suitable evidence.
A successful claim should be supported by merits, so the other party do not have much to argue, but compelled to accept the claim demand and pay.
A claim launched with your own motor insurance company (comprehensive claim), will have to look on what you have covered under your policy, before any acceptance can be decided upon.
Depending on the cover taken, it can be the insured did accept some contribution, such as excess and the claim process need to be according to terms & conditions of the insurance contract.
A 3rd party claim, directed to the perpetrator however, must give you full compensation and no clauses, as insurance excess or any limitations in a insurance policy apply. Only the law of delict will be applicable to decide liability.
Any claim for car accident damage compensation can go wrong, be disputed or even declined.
As soon as in the process of a claim pursuit any disturbance or unusual investigation requests are noticed, it will be highly advisable to check critically, if your own knowledge and skill is sufficient to perform a vehicle crash compensation action your own, or if you should consider practical support by professionals.
A claim for compensation against another car driver or vehicle owner is a process and cannot be explained in a sentence.
There is a lot about the way to claim and about dispute issues or problems, that can occur in a particular and always individual case, on our comprehensive WEB info platform.
However, as it is often the case, individual problems need individual answers and/or actions.
You are invited to contact RAMLA for a free initial case analyse and advice, by contact us by email ramla@ramla.co.za tell us what happened and the problems you face or expect, for a free reply and advice.
Should you do not like contacting us now, but need more information, check the keyword list to select your issue and find more on the linked page.
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Free case analyse!
Dear valued reader, checking out the RAMLA car accident compensation platform; obviously you do have some traffic accident damage issues to solve.
Contact RAMLA for a free check and advice about your particular case issue. Just tell us about what happened and problem you face.
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Inflated or unjust claims need proper defence against unreasonable vehicle accident compensation actions
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Defending against inflated claims isn't as challenging as perhaps thought.
Defence against unrealistic, unjustified or inflated claims is a need to do, if alleged to be held liable for car accident damages, which do not fall in your responsibilities.
It is always an inconvenient situation when defensive actions are needed, as to alleged of wrongdoing, which isn't true or fair.
However any person unfairly accused of wrongdoing and causing damages to another in a motor car collision, must enter into defence, not to risk to be sued and end up innocently be judged against one and subsequently face execution, against all of your property.
It should be noted that a claim against a person, is only dangerous, if not defended properly.
Defensive actions mean, deny a claim and its accusation, simple and clear and request proof of facts and merits.
Only if such evidential facts indeed be supplied and its content suest not to allow challenging the accusation, it will be advisable to look for a compromise or settlement agreement.
It must be known, that a person sue another in a Court of Law, must proof that the allegations are true and fair on a balance of probabilities.
Should such a proof cannot be shown, a case is lost and dismissed with costs and the Defendant is released from any liability or compensation payment.
In order to avoid unnecessary risk and hassle, it is highly recommended to utilise professional support to rebut unfair allegations, not to lose out on reasons of lack of knowledge, how to act against such allegations.
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Free case analyse!
Dear valued reader, checking out the RAMLA car accident compensation platform; obviously you do have some traffic accident damage issues to solve.
Contact RAMLA for a free check and advice about your particular case issue. Just tell us about what happened and problem you face.
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RAMLA is a specialised expert in all MVA matters, claims, disputes (3rd party / comprehensive Insurance cover) and defensive actions against unreasonable or inflated claims, professional - affordable. Contact RAMLA for your support to have a damage claim paid or defenced. Contact
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Motor Vehicle Accident
We offer the solution in Car Accident matters, analysing, supporting, demanding, corresponding, negotiating, settlement agreements and further taking matters to a court of law in South Africa, if no amicable solution could be found, in pre-litigation, to best favourable conditions in a professional and decisive routine.
Facing challenges with motor car accident issues in South Africa?
RAMLA will be the solution,
demanding compensation, resolving disputes, defending against inflated or unreasonable claims,
in all sectors of vehicle accident damage compensation problems.
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Motor vehicle accidents happens every day on public roads, often causing damages to property
Utilise the affordable professional solutions RAMLA offers clients in South Africa, to solve such repercussions.
Investigaion in Accident circumstances
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Your specialised legal expert to sort out MVA matters
Professional - competent - swift - decisive and affordable
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Road Accident Management & Legal Action
The first stop solution for any MVA problem
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Motor insurance claim decline based on Investigation in accident circumstances or policy violation - the process of challenging it - for a better outcome and a compensation pay!
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Investigation - the outmost important warning sign in a claim evaluation
Investigations into the particular circumstances of a car accident, subject to a compensation claim, are warning signs that there may suspicious factors that may give rise to decline a claim.
Most commonly such investigations come into effect in compensation actions against own comprehensive Insurance cover. It is, according to a risk analyse suspected that something can be found to deny a claim.
Any signs that lead to Investigations, such as request to Interviews of participants or witnesses, request to consent to scrutinise bank statements, cell phone logs or beacon trace etc, are clear signs of suspicious circumstances and/or of the truth of reported stories or circumstances.
Any comprehensive insured Claiming must be on high alert and to be successful in support the investigation must know what is at stake and how to comply, without compromise the claim.
In a case as above, it is very advisable to get knowledgably support, best very early, to avoid the investigation get you trapped and make the best out of it.
Motor insurance company declined dismissed or rejected your car accident damage claim based on Investigations?
If your South African motor car accident claim is rejected, or denied - partly or in full - by the motor insurance company, based on findings out of Investigations all must be crosschecked as results are not always be credible.
1. When someone is called by any other on behalf of the motor insurance company and refers to a claim or accident matter, an alert is the least one must realise. Investigations are a common and legal instrument to evaluate the circumstances, given its done in an unbiased and independent manner.
2. Investigations will be triggered, if some sort of circumstances are obviously be detected by those who deal with claims every day. Such can be - late evening or night accidents - deformation of the vehicle as to immense impact - bad weather and tire conditions etc.
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 legal Expert in all MVA - Motor Vehicle Accident - matters and our work is focused just on solution's to get car accident 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.
Contact RAMLA, in what way best to do and what we need knowing to reply
Your specialised expert to sort out MVA matters
Professional - competent - swift - decisive and affordable
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Completely rejected claim on various possible reasons
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RAMLA can help clients in all MVA matters to solve problems professionally, claims, disputes (3rd party / comprehensive Insurance cover), review of declines with the Ombudsman (OSTI) and defensive actions against unreasonable or inflated claims, professional - affordable. Contact RAMLA for your support to have a damage claim paid or defenced. Contact
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1. a Claim against comprehensive cover declined
A claim denied by the insurance company against comprehensive cover, can have a lot of reasons. Firstly your premiums must be paid up, but secondly and that is much more difficult as the payment, an insured motorist must abide to all the terms & conditions within the policy concluded.
Learn more about violation or alleged breach of an insurance contract on our page - what you should know and better not miss out.
But there can even be reasons that lead to a decline, once alleged to have violated the rules of the road in an unreasonable manner. This decision may not be correct and can be challenged, once evidence back up the case or the argumentation of the insurance is weak, while violation of ordenary conditions are hard to rebut, if that indeed be the fact.
As a failure not abiding the duties of the policy, can be a valid point for the insurer, denying the claim relatively easy.
However the violation must be substantial and almost fall under recklessness behaviour. The option to review, will be a dispute and or to involve the Ombudsman for short term Insurance (OSTI) deciding if the matter is a breach of the terms etc.
Once the decision is uphold by the Ombudsman, confirming the decision the insurer took was correct, there will be little room to argue, other as the way to a court of law. But once the Ombudsman carefully looked into the matter, chances to get a different stand in a court of law are very small.
1. b Decline in a 3rd party claim, launced with the insurance company of the insured motorist
The important difference in a claim launched as a 3rd party to another or the motor insurance company covering the wrongdoer, compared to a comprehensive claim, is that no terms & conditions or terms of a policy will apply at all, and no restrictions out of contractual relationship apply to a claimant.
The basis for any compensation will only be South African law of Delict, if a party or Insurer will just not accept what is claimed for and why.
This does not mean that all will be predetermined just by a parties decline or unwillingness to entertain a claim and a solution in a Court of Law can be a good solution, but even a legal action in Court, will not always be predictable and a win depends on facts convincing the Court to give Judgement in favour of a Claimant.
A claim can be denied without any valid evidence by parties and neither arguments nor facts can be forced to be accepted, and even a party cannot be forced privately releasing reasons, leading to the decline.
That leaves a comfortable space for someone just want escape a claim and just unfairly decline, or if all fails to negotiate and demand to settle a claim, only a court of law will be the instance enforcing participation and evidence, leading to a judgement, determine about the case, which is binding and enforceable, unless no appeal is launched.
But certainly it's not expectable that every claim will be denied, even without argumentation. The majority of compensation claims are entertained and if disputes arise, this reasons being addressed.
Any such claim rejection or even a claim adjustment, resulting in insufficient compensation should be crosschecked, either in terms of your motor insurance policy and the corresponding terms and conditions, or regarding a 3rd party claim, the reasons for decline or shortfall.
If you receive the message that your motor car damage claim is rejected and no payment can be expected, the reasons given must be valid and fair and should match your insurance policy. Any claim that is declined or reduced by the insurance claim adjuster must match the terms.
If you conclude your contract with the insurance company it must reveal all relevant obstacles in your motor insurance policy, and if a claim denial based on such arguments, it can be scrutinised or challenged.
It is often worthwhile to oppose a decision declining your claim to have a better deal. But getting the decline reversed is not as easy as one might believe. Often it can help significantly to make use of professional expertise to find mistakes or unreasonable reasons, to get forward with a dispute or legal challenge.
RAMLA is such an expert and offers a initial free analyse and advice.
Another way to challenge the decision of the rejected comprehensive motor insurance claim in South Africa, may be you follow the advice, regularly comes with the message of the claim declined, to approach the Ombudsman for Short Term Insurance (OSTI).
This is an economically worth path to go, getting a more or less objective revise of the rejected claim, but it will perhaps be a long term matter as currently some hundreds of claims are launched daily to the Ombudsman's office. Due to the fact that the Ombudsman's offices do not have the human resources to deal with all such complaints about a declined motor car damage claim immediately, it will take time to be served.
According to an own statement the ombudsman admits, that nothing should be expected quicker than at least 3 month, to look onto your matter.
However a review with the Ombudsman may appeal to be easy, but in most cases it is not easy, as the process should be well known and provided what is expected and suitable to enable the Ombudsman to rule.
Far too often, especially if arguments already given to the Insurer be repeated, it may be seen the Ombudsman just favour the Insurers argumentation.
Insurance Site Map - A comprehensive overview of relevant Insurance Issues
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RAMLA can help clients in all MVA matters to solve problems professionally, claims, disputes (3rd party / comprehensive Insurance cover), review of declines with the Ombudsman (OSTI) and defensive actions against unreasonable or inflated claims, professional - affordable. Contact RAMLA for your support to have a damage claim paid or defenced. Contact
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3rd party deemed liable causing car accident damage, decline the Claim, without much of a comment
It must be noted, that every party, insured, represented or acting on its own behalf, can deny or decline any claim against him/herself, or do have the liberty not to engage at all, without taking a risk been punished therefore, except if matters taken to a court of law.
That is the bitter reality and people with some knowledge, more often involved in car accidents, may utilise such to give the other party a hard time.
However finding it difficult dealing with an adversary or a reluctant party, aware of the obstacles he/she can create - but most commonly done by Companies, commonly in the sphere of Transport - Taxi - Uber Taxi - Car Dealerships and others, of which its drivers are involved in traffic collision, doing so, should not succeed with such bad behaviour.
A 3rd party claim is the regular claim procedure, meaning analyse of the matter, prepare evidence, and thereafter demand the compensation and if all failed, go to a court of law.
Smaller claims up to R 18 000 can be directed to a small claims court, which can be very effective and don't allow both or all parties any legal representation. Companies drivers sued in person, will not like it to be forced to appear in person in such courts, neither may others reluctant persons like it.
So that is a vibrant way to go, should the damages are lower than R 18 000.
Should the damages are higher; the matter will be applying to the Magistrate Court level and can be enforced by providing evidence and facts.
Investigation on behalf of the Insurer or Party, in circumstances of car accidents, are legal issues to find out what indeed took place, or if the facts in regard to obligation in Motor Insurance Contracts / Policy cover been abided to
An insurance policy which is designed to shield against financial losses, if a car accident take place, is a mutual contract, subject to conditions regularly dominated by the party (Insurer) taking over the risk.
The Insurer doesn't want to pay for all and everything. That's why an insurance client must understand and know the obligations. Should in case of an accident claim, the Insurer suspect a violation of the terms, which can be in many ways, an investigation will be the result in order to establish the facts.
An insurance policy which is designed to shield against financial losses if a car accident take place, is a mutual contract, subject to conditions regularly dominated by the party taking over the risk.
The Insurer doesn't want to pay for all and everything. That's why an insurance client must understand and know the obligations. Should in case of an accident claim, the Insurer suspect a violation of the terms, which can be in many ways, an investigation will be the result in order to establish the facts.
There are subjects that clearly indicate violations may have taken place, such as attempted fraud, which is not very advisable to try at all. But there are even other matters regarding technicalities which can entitle an Insurer to deny cover. Such technicalities do not have any relation to the matter of the car accident at all.
A claim for compensation may well be covered by the circumstances but not by the terms, should there be violations, some insured don't even took notice of or found it noticeable to inform the Insurer due to just a very short period of time and according to immediate circumstances.
As an example, an insured car owner nominated as driver, don't feel well or have had a celebration such as a wedding etc., ask and enabled another - not registered driver - to get him/her home safely as they feel out of ability to do so just now.
The bad happened and the appointed driver is involved in a sudden accident.
A claim is formulated and submitted and as to surprise denied, not on matters of the accident itself, but on reasons not be the nominated driver, even if just made the one favour to get the celebrity home.
Now all are guessing if that is the way they took insurance for? Further is the question is that fair, taking premiums and if something as the above happened, deny a claim?
Well in our view it's a poor service but in terms of the conditions of a contract, it may have some merits, depending on the particular wording and policy.
Investigation are triggered by detecting strange symptoms as - the time of impact - night time, destruction is more serious as expected in the circumstances and other measures
Reasons for motor insurance investigations into the details and circumstances of the particular matter are strange issues, which under regular circumstances won't be found, or where a client is seen as a "bad" risk.
Issues for investigations in details of a car accident can be:
Accidents at night
Bad weather conditions
Accident happen far away from home
Accident driver isn't the regular or nominated
Car destruction does not match the statement given
Other assumtions of contract violation, dishonesty etc.
1. Night time when the accident happened
When it comes to night time accidents, always one of the suspected factors is intoxication and negligent behaviour as to intoxication. Investigations starts with an Interview, which is generally be recorded by the Investigator, but the wording may not be revealed unless there is a compelling force.
A request to allow checking cell phone records, the so called beacon reports will be taken into account and the positions before the accident checked out in order to find if there may have been any stop in a pub or other places that sell alcohol.
Should there be any such on route, the personnel will be questioned and it may even be, if you have been even asked to provide your bank statement, that deductions or payments to such suppliers will support the suspicions investigation.
Any wrong answer in the Interview given upfront can be a reason to collide with the investigation and a decline is expected.
Other measures at night time may be the assumption of less care in driving, while speeding in order to get home, or other risky driving manoeuvres which would rather less occur in day time.
2. Bad weather conditions
Weather conditions as heavy rain, snow or hail, mist or fog, all are implications that influence the way a motor vehicle should be driven according to the higher danger and risks, generally more carefully.
"More carefully" is a phrase with many possible interpretations, but in terms of car accidents, it means adequate restriction of driving to contain risk. The measure as applying in a court of law will be that of what a "reasonable man" or careful and wise driving motorist would have done under the circumstances.
Weather conditions are no excuse to causes of traffic collisions. To the contrary, if missed out to be on higher alert and in a more careful driving mode, can risk it all, as many or all Insurance contracts oblige the Insured to protect the property, by applying reasonable restrictions and alertness.
Other checks as to the tyre profile may be undertaken, and if below the legal limit of 1 mm of depth all around all tyres, a claim may end up in jeopardise.
Bad weather conditions needs more care and foresight of risks, not losing control of the vehicle and being caught up in an accident. Hampered views, aquaplanning and any other defensive arguments may just be null and void.
3. Accident happened far away from the location the car is
assumed to be based
Motor Insurance companies claim to evaluate the individual risks when covering someone for motor car accident risks. That has a component to age of those drivers covered, years of experience of driving motor vehicles, the area the motor car is operated in and other accompanied circumstances as secure parking at day or night time etc.
The risk, being involved in a car accident, by driving an Auto in public traffic is supposed to be different, if either in a busy Metropolis, a mid-size town, or in rural areas. It is obvious that in traffic jams or rush hours in huge cities a higher risk of a collision exists, as if just driving to or from work in a quiet town or even less in a rural area.
Those factors lead some Insurers to give different premiums to persons with otherwise same risk profile.
If the motor car, now involved in an accident outside such wider area of the zone supposed to be utilised the most and registered with the policy, the problem may already be on the way. This can be exacerbated, if even not the nominated driver him/herself steered the vehicle.
Additionally other factors may even be alerting the Insurer, which may trigger investigations into the fact, if the car indeed been operated regularly in the area nominated in the policy or if the car been transferred somewhere and the overwhelming utilisation take place in another area.
Therefore inquiries may take place, performed locally by Investigators and those results or findings, may be a reason for a decline.
However those investigations aren't always be reliable and sometimes findings not based on sufficient proof and therefore they can or should be challenged.
Those investigations are performed by private Investigators, offering its services to the Insurance Industry, often for the lowest possible rates. Qualifications of those private Investigators are unknown to the public.
4. Another driver as the nominated or regular driver
registered in the policy, driving to the time of the impact
In all regularity a South African motor insurance policy does name the regular driver in order to contain risks for the Insurer, not to cover persons whose profile may be unknown or differ negatively from those of the nominated driver.
The nominated, regular or driver registered with the policy is the driver overwhelmingly utilise the car for driving purposes. This doesn't mean another isn't allowed to drive the vehicle, if with the permission and authorisation of the car owner or the insured.
However this must be short term, not to have negative consequences.
As an example: A person, having access to several cars, may lend one of them to a family member, somewhere the family lives, as to several reasons, for example to visit common parents, being ill in a distant hospital. This was planned for short term, but as to the deterioration of the health situation of the parent, it has been extended for a total of more as a month and not reported to the Insurer.
Such can be a matter of decline and subsequent dispute, despite the insured car owner and regular driver been insured for more than a year and intend to get back the car soon to drive it merely himself, for a long time to come.
If in such period the car is given to the family for good reasons, an accident took place, the dilemma may be complete if not challenged the way it may be successful.
5. Destructions that may not match a given statement and
seen doubtful as to be corresponding damages
Once an accident had happened and there is a motor insurance cover, the matter must be reported to the Insurer and to the Police.
The Insurer does have some formalities to do so, but all require a full and honest report.
Most commonly the Insurer will send a vehicle damage assessor to inspect and calculate damages. Should the result of the assessment, contained in the assessment report, may trigger some alertness on the side of the Insurer.
If as to its experience, i.e. damages in a 60 km/h zone may be regularly less severe, as those found during the assessing, if speed limits where adhered to, matters will be looked on much closer and a decline is expectable.
Such differences must have a reason and to find the reason the Investigation is the measure, accomplishing the damage assessment report and support a decline, if reasons are established.
A decline of such findings can be on the basis of honesty/dishonesty, should the report given to the Insurer can be interpreted as such, or even on other reasons the terms & conditions of the policy allow for.
As it is with all one sided decisions and investigations, there is always a possibility that facts been wrongly interpreted or dragged into a wrong angle and any attempts to support the argumentation of the insurance client, hasn't given any attention.
In the light of all facts, it may be a reason to challenge the decision, probably made to the disadvantage of the insured, to have matters reviewed.
6. Other assumptions which may be to individual
circumstances or as to reports given
The matter of honesty is one of those technical allegations often leading to disputes. The problem can be, that only the Insurer decide what is regarded to be honest and how small the degree of difference can be, to land up being accused to be dishonest.
However there have been cases, where affidavits been supplied, which contested all dishonesty allegations, but still not been accepted by the Insurer, relying on a single statement - not presented as affidavit at all - in order to discredit the evidence supplied.
Such one-sided position is bad behaviour and should not be accepted.
Another strong influence in 3rd party claims, as to the decision of insurance admins, are comments given by the insured party. If those will give reason for a denial, just too often taken and echoed without verification. That simply underlines, that the motor insurance Industry isn't interested in fair procedures, but in minimising pay-out.
Any sort of imaginable break of terms and conditions are reasons for an attempt to decline a claim and there are plenty.
As observed the quality and formulation of terms & conditions these day's appears to improve, so that at least someone who is interested in knowing the obligations is enabled to understand and adhere, as it wasn't as good in the past.
But there may still be some Insurers, of which the terms rather been formulated as "small print", which are in language and clarity far more difficult to understand by any layman of law, as the improved and more customer friendly versions available.
It is highly recommendable to scrutinise the particular terms & conditions, before taking cover from any Insurer, as if they are not satisfactory or risky, the cover won't help at all, as the risk of a decline is obvious and not worth to pay premiums therefore.
Cell phone records checks and telecom beacon report analyses
An often utilised tool in investigations processes to check if a client has disobeyed the obligation with the Insurance Policy, is the check of cell phone records and telecom beacon reports.
As most perhaps be aware of the aim doing so, they are initially unwilling to submit the application for permission of examination, but learning if refusing, losing any cover, without further discussion.
No one will do that, without good reasons, but relying on reasons of privacy will not go anywhere, if the claim is against own comprehensive Insurance cover, other as providing what the Insurer asks for, as such will be part of the terms & conditions of the Policy.
Before a request for the check of phone records are put forward, commonly an Interview as first step of the Insurance Investigation has taken place. This interview is a key challenge and one must know to be honest and clear of what has to be admitted and what perhaps not.
The cell phone record and beacon report will be utilised, not locating only where you have been at the time of the impact, but even if you may have phoned, texted etc., while supposed driving, as to time of the impact.
If phoning or texting while driving, such can lead to a decline of a claim as not concentrating on the duty of the traffic, unless it is proven that a free speech installation has been used.
Another purpose is to find out more about the permanent location pr regular place of residence of someone, as there are cases where the Insurer is suspicious about the correctness in the accident report; who's indeed the driver of the accident vehicle to the time.
Should the beacon report show, the phone being some distance away and could not be at the scene at the accident to the same time, questions are to be answered.
The next utilisation can be to trace the way and stops of someone drove a car and caused an accident, due to suspicious circumstances. For some motor insurer's just an accusation of someone smell alcohol with the driver, can lead to a decline, or at least to investigations.
Those investigations will look onto the way and stop and check if any location been stopped by or started from, where alcohol is for sale, a pub, a patrol station, a restaurant or a shop, whatsoever bears the possibility to buy or consume.
It will depend on the particular circumstances if such proof can be good enough to uphold intoxication allegations. However in many cases the insured alleged intoxicated driver, don't challenge the matter to the extent possible, which can be a court of law.
It can generally be said, that only proven intoxication, tests done by those trained and empowered to do so, can lead to hard proof, if a driver has been over the limits allowed.
No person has the capability, not even a medical doctor, determine any degree of intoxication in factual terms, only positive appropriate handled tests can do so.
Insurance Investigator requests Bank Statements to be scrutinised
If it comes to an Investigation into the particular circumstances of a car accident and Bank Statements are requested, that indicates the places of financial transactions reflect in the Statements will be visited and inquiries launched.
The purpose may be manifold, but commonly it is used to find out if a place been visited before a car accident took place, offers some sort of Liquor, either in a refuelling station, Restaurant or Bar, etc. and to question about consumption of alcohol.
This type of inquiry and any perhaps questionable results will perhaps be used to decline a claim, based on allegation of drunk or intoxicated driving.
However it must be noted, that such findings are hardly to be upheld if challenged the right way, as under South African traffic regulations, intoxicated driving must be proven by suitable methods, such as blood tests and perhaps breathalyser tests. The results must show that to the time of the accident intoxication above the legal level had been found and proven in a medical blood examination.
Any allegations without the back up of such test will not stand a challenge, at least not in a Court of Law.
It should be noted, that despite lack of proper testing, some South African Motor Insurance Companies, be steadfast by upholding such allegations without proper proof, in order to give a claimant a hard time.
It has been observed that such steadfast and consistent decline, will not be challenged as often as it should be and insurance clients take the loss, without taking the matter further for independent review.
Partly rejected claim and apportioning damages
A partly rejected compensation claim or a moderately accepted claim, will be leading to a similar negative result for a claimant. Those entertained, but not entirely accepted claims, will regularly be based on the outcome of a claim analyses, by a motor insurance company or a legally represented person or institution, but certainly even possible by private persons, but more often by larger companies, maintaining some in-house legal department.
A partly rejected or accepted claim for compensation of motor accident damages will mean the party facing the demand, accept some sort of liability for causation, but blame the claimant, being liable for the cause of the accident to a certain extent or per cent, too.
Such argumentation that influences the portion of liability can be true and based on hard facts or evidence. There are a number of obligations, the South African traffic legislation and previous rulings of courts of law, imposed on a motorist participating in public traffic. Breach of rules or negligent behaviour, a claimant can be accused off, relatively easy.
Especially those institutions dealing with motor accident compensation claims frequently utilise so called precedents, citing a certain case that is deemed to match the particular accident situation, as the evidence for alleging negligence and arrive and determine the portion of and liabilities for the parties, sometimes as they deem fit.
This kind of evidence is week, and someone confronted with such argumentation in a compensation claim should check, analyse and rebut such allegations, once it's not indeed matching the particular case and find approval of the accused.
Lot of motorists do know the general traffic regulations and most duties, very well. But if it comes to duties alleged been violated, some more special knowledge will be highly beneficial. A motorist facing such scenario should look and take external expert advice.
While it may not sound as bad, if the other party or its representatives accept the party they represent will be the more liable one, i.e. a 60/40% apportionment of liability in favour of a claimant, it may very well work out badly in financial terms, as per calculation of damages, most often both damages will be added and then divided in relation of the percentage.
That mean in clear language, the person is the less negligent, will pay quite a substantial part of the damages of the other, which will be deducted from the damages arrived on for the claimants part.
The result often seen in cases of disputes, can lead to very little compensation, but certainly it's as always, depending on the individual case. You can find more in apportionment of damages in the legal section of the RAMLA web pages.
If you are in doubt of fairness, credibility or reasonability of an apportionment other parties suggest apply, contact RAMLA for support.
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RAMLA will be your one-stop car accident claim service in South Africa
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If you want support to be compensated for your car accident damage RAMLA can be your solution to handle your claim.
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Insufficient compensation will cause losses and should not be accepted easily.
A sufficient offer for motor vehicle damage compensation will be, when you can repair or replace your damaged vehicle and therefore to be in the material state as before the traffic accident. Any other compensation that will not allow you being back in the same position as before, will be insufficient, and should not be accepted.
If you are involved in a car accident and not liable for the damage to pay for, you want to be awarded the full material motor car damages you suffered. You don't want to struggle and wait for compensation to repair or replace your damaged motor car for an unreasonable time.
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RAMLA (Road accident management and Legal Action), is a specialist in material car accident management and a legal expert for damage recovery, in South Africa.
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Dealing with motorist insured against 3rd party car accident damage claims, in an attempt to get compensation - and a car damage assessment has been ordered or done - by the assessor send from the insurance company; you probably receive an offer to settle the traffic accident damage claim, quiet quick, if no other obstacles or divergent statements of what had happen are in the way.
This offer will regularly be based on the findings of the vehicle damage assessment.
It is of outmost importance that you know about the content and the results of the damage assessment, to be able to verify if it is fair and correct and if you can accept such finding as a basis for compensation or not.
You should at least have gathered a repair quotation, documenting your car accident damage, before you allow the other party to do their own vehicle assessment and diagnosing your damage. In comparing both, the repair quotation and the damage assessment, you will have an indicator of the quality of the damage assessment; the other party will base any settlement onto it.
Finding noticeable differences between both of them, you should find out the reason before you accept any compensation pay-out or enter in a settlement agreement.
Important to know and keeping in mind is, that a claim that has been settled or accepted, will be closed and you cannot take any recourse if privately or as legal action, as the victim must claim his entire pecuniary loss in one action.
In a case you're dealing with an uninsured car driver, they have the same right to inspect the damages, utilising an independent expert or panel beater to do so, if they feel an inflated claim has been put forward. It may be easier dealing with an uninsured liable party in a dispute of damage value, as dealing with a motor insurance company, but as said the same rules apply.
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.
You are welcome to utilise such valuable absolutely free inital advice. *
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| RAMLA can be the solution in MVA matters
Do you know that RAMLA is a specialised expert in handling and enforcing or defending all kind of MVA (motor vehicle accident) matters, pursuing motor car accident compensation claims, Insurance dispute resolutions, for its clients - effective - professional - decisive and resolute, to best and affordable fees.
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As you probably have recognised on our comprehensive web information platform, we do know what we are taking about.
We do invite anyone in South Africa, facing an MVA (motor vehicle accident) problem, to contact us for a first - free - analyse of your particular matter and get initial advice how to proceed.
As a specialist in traffic accident recovery actions, we act for clients/members in the relevant manner, but based on a paid mandate or membership, if a need of practical support arises.
We do offer a free first advice, to determinate your case and give you a direction how and what may be the way forward, in order to build confidence with a potential client.
As professional specialists, in charge of acting in motor accident damage claims in South Africa, we offer a well performing, decisive and demanding claim pursuit, at affordable fees.
It's so easy contacting us by email.
The effective way will be sending an email containing the nature, damage and problems detected. Once sent through to us, we will study the matter and after analysing the facts, we get back to you by email (most commonly within about 3 hours), with the result and advice,
- free of charge.
If you like to explain your problem to our claim manager on duty, you are welcome to contact us by phone for an initial briefing on cell 076 770 3179 (standard rates apply).
For best results: dont't just call, once you took notice of the opportunity!
First think what you like to get accross, best file it as email and call therafter.
For reasons to convince you not just calling immediately, please follow: how to contact RAMLA successfully.
It will be much more effective; if we do get a briefing of the matter via email, before a telephone call, so we will be prepared answering your questions.
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Car accident compensation claims for damages, may cause some headache,
in South Africa.
RAMLA can be the solution to sort out MVA problems.
Not everything in a compensation action goes smooth and the way wanted, as we are confronted with numerous possible challenges.
RAMLA is a specialised expert in material car accident damage claims,
demanding, enforcing compensation actions, supporting disputes with Motor Insurance Companies or its agents, work in Ombudsman's review cases, or defend a motorist against unreasonable or inflated compensation claims.
Contact RAMLA to analyse your case, and get a free opinion where you stand and what to do next. You can contact RAMLA 7/24 and receive a response soon.
It's so easy, just e mail your story and attach what you got to make the RAMLA claim manager understand your problem.
Just draft a brief report of what had happen and send it (use this mail link) to RAMLA for free analyses and you will receive a reply soon.
Contact us now and let us know how we can help you?
email us your story and details to ramla@ramla.co.za for a free first analyse and advice.
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RAMLA offers full legal support to solve car accident claim, a comprehensive claim preparation and action to enforce compensation, all the way up to a court case.
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Losses risen out of your own contributions, such as insurance excess or lost bonus rewards, or out of other contractual obligations to abide, should be recovered from the liable party.
You may be insured comprehensively against the risk of motor car accident damage, which will cover the vehicle damages to your own property, but when claiming from your cover, if you are liable or not liable for the cause of the accident, you can face some financial contribution.
Not being the liable party, but claiming from your own comprehensive insurance cover and not from the wrongdoer, you will usually have to contribute some cash as a deduction from your pay-out, such as excess or the loss of other benefits, like bonuses etc., or you may simply face an increase in your future car insurance premiums and going the risk being downgraded in your risk profile from good to a lower grade.
Several other factors may lead to your dissatisfaction: for example, the insurance company only offers used parts to fix your car, arguing that is a condition of your policy as the car is not under guarantee anymore, and therefore used parts are suitable. As you probably have accepted such condition, according to the small print in the terms and conditions, and agreed in concluding the motor insurance contract, which may justifies their decision.
It is important to study the small print - when insurance companies offer you small premiums, probably not all the risks you may think are insured, will not be as such as there is always a relationship between premiums and cover.
Depreciation or diminishing of the car's market value after the proper repair of the motor vehicle involved in a road accident
Another factor, depreciation or diminishing of the car's market value, most often goes ahead with and being the result of the repair of the damaged vehicle, after impact.
Depreciation in terms of motor car values simply means, that just the fact the car has been involved in an traffic accident, despite proper and professional repair, will lead to a loss of market value - the price you will get selling the motor car - compared with the same vehicle, not have ever been damaged in a motor collision.
Certainly the degree of damages will have an impact to the amount of loss of value (depreciation). A rather small damage will not have the same effect as a serious damage would have, when selling a repaired motor vehicle and will lead the potential purchaser to critically inspect the vehicle.
Experienced car buyers (dealers) will find indicators that shows there had been some sort of repair and asking you for the reason. One should better be honest, and not just hide such impact, as if hidden it can result in a dispute later on and create other unwanted allegations with may have consequences, such as probably financial losses or even more seriously, if being regarded as offence.
In a worse case, you trust and believed having had a proper repair, but it wasn't and the car been dragged into another motor car accident later on, and persons are injured or even fatalities happen, you can face criminal charges, as you don't inform the buyer of the accident happened, while you have been in possession of the motor vehicle.
Being honest and tell the potential purchaser about the accident, most commonly they will reduce the financial offer or even get away from the intention to buy.
The amount of losses out of deprivation will be the difference to the market value a similar comparable motor car sells for, as to the lower price you will get for your car, which has been part in an accident.
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RAMLA can help clients in all MVA matters to solve problems professionally, claims, disputes (3rd party / comprehensive Insurance cover), review of declines with the Ombudsman (OSTI) and defensive actions against unreasonable or inflated claims, professional - affordable. Contact RAMLA for your support to have a damage claim paid or defenced. Contact
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As an example: A top of the range Mercedes motor car, with an assessed market value of around R 700 000,00 and a calculated damage of about R 430 000,00 can be repaired economically viable. But such serious damage will certainly lead to a much lower retail value, if the accident and the dimensions of it will be revealed.
Anyhow, even smaller damages will lead to a reduction of retail value and in correlation to the price of the car sells for and may certainly be a substantial amount of loss, one will face in an attempt to sell.
It should be kept in mind, that once a settlement with the other party or the motor insurance has been agreed to and no provisions to reserve rights, if depreciation will transpire in an attempt to sell later, no compensation can be claimed, failing to exercise the right precaution within of before the settlement is concluded.
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RAMLA - Road Accident Management and Legal Action - is one of South Africa's most experienced and decisive advocates to sort out legal disputes with parties, Insurance companies or act in defence for clients, confronted with unreasonable or inflated claims.
Car accident issues that matters most:
We are legal specialist in motor car accident damage recovery matters and offer our services to those suffering damages or in need to defend unreasonable or inflated claims.
Taking on disputes with motor insurance companies, engage and solve unfair declines or incorrect apportionment of damages, oppose a wrong assessed Quantum, or take a matter on review with the Ombudsman (OSTI), to get a matter of comprehensive insurance dispute reviewed.
Sometimes, if a matter cannot be resolved in a full attempt, and the case need to be heard in a court of law, should all fail to find a solution in pre-litigation, the escalation to a court of law is inevitable, we will suppot the action.
RAMLA can get you through the trouble, get reluctant parties moving serving Summons, for just some affordable fees, commonly just equal or lower then towing/storage cost may be.
We are one of the most experienced, decisive advocates, when it comes to car accident problems - issues of compensation or defence against unreasonable or inflated claims, bad repair practice and much more.
We work only on motor car accident matters.
Check us out, so you do know if we can uphold we say, free of charge.
Welcome to RAMLA
Road Accicent Management & Legal Action - South Africa
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RAMLA - is an experienced legal expert in most MVA - Motor Vehicle Accident - issues.
We act professionally and decisive for the - Demand of damage Compensation - Dispute Resolution - Defence against inflated or unreasonable claims, as well as for damage recovery caused by bad workmanship after car repairs.
With more than ten years of professional experience, well educated stuff, knowing the subject of car accident issues and solutions, we have advised many, many inquirers in the first steps to take for a solution,
- free of charge - ,
and over the years, served a high number of clients to solve differences with parties, addressed compensation actions, acted against unfair Motor Insurance declines or short falling settlement offers, pursuit reviews with the Industries Ombudsman and filed law suits and defences.
RAMLA do know very well, that all cases are individual and need particular attention to the details, as only a well structured and factual claim can have chances to success. With us, you can feel save.
If you valued visitor of the RAMLA web information platform, do have any such problems listed above, you may well be good advised to contact us and brief us - best by email - with what had happened and may be your problem.
Our initial reply and advice will be free of any charges or obligations,
but an active pursuit of a claim or defence will come with some smaller fees.
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How going forward once there is a claim or dispute or other challenges?
Well, once someone checks a web site as this one RAMLA presents, there will be some sort of a problem.
Motor Vehicle Accident (MVA) issues are manifold and can be complex.
It may either be that there is no response from the liable party or the Insurer, the other party repudiate, apportioning damage liability leading to a short falling compensation offer, or any other claim decline, such as to violation of Insurance terms and conditions. All need experienced attention.
There are even cases, where a claim is directed to a 3rd party, deemed liable and demanded, but no engagement noticed.
Lot of issues coming up in MVA - car accident matters, may not be handled according to valid law, or wrongly interpreted.
There are many people in South Africa's motor insurance industry, without a legal background and act under instructions, don't care, nor perhaps not having the necessary skills, or just follow a strategy, to get rid of valid claims.
Such should not be accepted and the challenge taken head on, even if it comes with some engagement.
RAMLA as a specialised legal expert can solve such problems, just for a fraction in fees what you may miss out, if you don't have the right support.
In our view, it is not the correct way and get a legitimate claimant's demand, just been brushed away, isn't it?
Just take the time and contact, tell us about the matter and let us take care of it.
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Defence against unreasonable or inflated claims?
RAMLA can help you most effectively to get a claim dropped or eased.
The results defending someone against whatever car accident compensation claim, can be very good, as often the evidence the Claimant do have is not sufficient to proof the claim, which is a pre-requisite for a successful action.
If it isn't as clear what the implications are and what evidence the other party/Insurance do have, chances are very good to stand through and get a claim successfully denied, even if a summons may have be served already.
The party alleges or accuses is forced to proof the claim and not the demanded party.
Many Insurance recovery claims fall short of such reliable evidence and therefore can be repudiated, even if it comes from attorneys or recovery agents.
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However we do handle every substantial MVA claim,
against whatever party, Insurance, reluctant party or company successfully, given the merits of the issue are clear and stand a challenge.
Should the merits not be so favourable in the first place, we do all we can, improving such merits, to get the matter being a strong case.
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Chances of success, if there is a strong case, and any other winning guarantees?
Those are questions we hear frequently, before a new client is prepared to accept some fees.
There cannot be any guarantee of success in legal matters, as the other party may have evidence matching or being better proof. If it comes to an action in a court of law, the presiding officer is the instance of weighting all brought forward in the action and decides.
However if sufficient evidence is at hand, chances are high to predict a win and succeeding with a matter, which ends up in an acceptable settlement/judgement.
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You want to visit a local RAMLA office in your area and have a chat with one of our experts?
We are very sorry telling you, that we have chosen a different way of performing our business.
In order to hold overhead costs low, and not compromise on expertise and service, we have decided to act from one central, but not public office, in the Western Cape.
In order to hold fees low and offer very competitive rates, compared with similar legal services, we decided to concentrate intelligence and contain costs in this manner.
Anyone who likes to visit his/her adviser or attorney, should not choose RAMLA as a favourite, as we cannot or want honour just that.
But we can deliver the way we operate effectively, wherever you are in South Africa and with whom ever we have to deal, effectively, decisive and affordable.
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What about fees, must they be paid upfront or can it be deducted from recoveries?
Let me answer the question in short.
Yes, all fees need to be paid up before we take action.
Why is that so?
Our fees are as competitive low, that we cannot enforce any such fees economically, if someone just take our services and thereafter give us hassles to pay.
Any local attorney will do the same, as asking for a deposit, commonly far higher than our entire fees are, upfront.
In general those deposits are offset against fee notes and further deposits requested in due course.
We dont do that. We deliver services not billed on time issues, but on performance phases, which gives cost certainty and the assurance to be taken care of the full matter.
Contact us to get more detailed information.
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Any doubts about our capabilities or performance as this offer is an anonymous one on the web?
Well I must accept such doubts and can only point out and rely on the many we served before and who may be contactable for reference.
Check out what we display on our comprehensive web pages, which will back up our knowledge and experience without a doubt.
Anyhow we will never accept a mandate before we have had a first free analyse of your particular matter and if you aren't satisfied with our reply, simply don't go on with us, despite it may be detrimental to you.
We value a fair and open informative strategy, keeping a client updated, which will please most of those with an open mind to comunication technologies, such as email etc.
But we can only do what we offer and if you aren't happy with such offer, just get into contact with your local lawyer, or ask us to refer you to someone with specialised knowledge in MVA matters.
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Should you have been through all before . . .
and still think we can be the one to solve your motor vehicle accident compensation problem in South Africa, just get in contact with us.
You're welcome to be served perfectly.
Kind Regards
Your RAMLA team
Nationwide Claim Service
SMS RAMLA to 076 770 3179
and let us know the problem, or much better send an e-mail to:
ramla@ramla.co.za
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RAMLA Expert Partnership
Become a local partner of our Nationwide Network of experts in adjacent industries, such as:
Legal profession
Panel beater or auto
body repair workshops
Independent vehicle
damage assessors
enhancing mutual business at no cost to either side.
Please follow the link to the industry above to learn more about the offer.
SMS "network" your name and industry, place of business to 076 770 3179
and we call you, or send to
e-mail info@ramla.co.za
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Motor Insurance Disputes
An insurance claim, either as a third party or comprehensive claim can come with a number of challenges.
Having the knowledge and experience, is a prerequisite to stand through against sometimes very strange arguments or decisions utilised by South African Motor Insurance Companies or its Brokers.
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Ombudsman for short term Insurance (OSTI)
The Ombudsman for short term insurance disputes (OSTI) reviews matters that emanates from Insurance policy differences or disputes.
That means only contractual issues can be given for review and no 3rd party claims issues can be addressed to the Ombudsman.
Many people believe in objectivity and sympathies the Ombudsman may have to issues, believed to have been made unfairly by any Insurance decider.
It must however not always be expected that OSTI is in favour of Insurance clients to protect their rights.
Too often the decisions taken by the Ombudsman's office are backing the Insurance decision, particularly so as the evidence provided hasn't rebutted the Insurers argument, due to lack of knowledge.
The often one-sided information provided by the Insurer, even without verification, is taken for the decision, if a client in need for help doesn't know how to repudiate false or weak allegations and the matter will most probably be lost and the Insurer rests relaxed.
The Institution of the OSTI office is financed by the Insurance Industry.
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A reluctant party try to hide and not engage?
Don't allow a party to act in such manner. A liable driver must take responsibility, but it can be a challenge if you have been too patient or trustful of promises and the other do know how to make you struggle.
It must be noted that a claim is easier declined than proven, and factual proof is what is meant the claimant has the onus of proof.
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Companies don't engaging into claims they are vicariously liable for its employees
Companies are in some circumstances responsible and vicariously liable for employee's action and damages, if in charge for the business.
Despite most such companies may maintain a valid insurance cover, not many are open to an amicable solution and reluctant to support a claim.
The problem may just be that those who employ personal which need take part in public traffic in order to do the job get too much involved in car accidents throughout the employee's mistakes and don't like seeing the insurance cover in danger or face higher risk premiums.
There are commonly more difficulties to get matters processed as if claiming against a private person.
Our advice, get support as soon you feel something may not go as expected.
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Alcohol or drugs a driver has abused but driving a car under the influence and causing the accident
Alcohol or Drugs shouldn't be consumed when on the road, for good reasons, and prohibited by law.
Once alcohol or drugs are suspected or proven, any insurance cover will lapse and no compensation can be expected covered by any Insurance.
However, the misuse of drugs and or alcohol must be proven in a professional manner.
It will not be acceptable, if an Insurer or another party just allege the other being intoxicated.
No witness or any observer can detect any or the degree of intoxication, even if they are medics, without scientific analyses, there is no proof.
Breathalyser and professional medical laboratory tests must show if any intoxication and to what degree, to get a claim declined or even to make one against another.
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Market value, trade and retail value, scrap or salvage are all part in a "write off" case
When it comes to more serious car accident damages often repair costs are high. Should repair costs exceed the market or pre-collision value of the motor car, it will be called a "write off".
Unfortunately many of those been written off is caused by a decision of an Insurer.
The manner in which the car values of a highly damaged vehicle being evaluated, is by applying value schemes, often inappropriate schemes or wrong assessment results should be challenged.
A write off can cause many hassles in some regards.
There are some value schemes offering private persons a one time free value check.
Below as an example, TransUnion Car Value
www.carvalue.co.za
Anther source will be www.book-value.co.za as well as www.autotrader.co.za
TransUnion Car Value Scheme
www.carvalue.co.za
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