Suing another for MVA damages or defending agains claims, is our daily business, in South Africa.

Welcome to RAMLA

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

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. Car Accident damage claim action         We do have the expertise and know how to act for you. Experience exceptional service, testified by clients, even after hours or weekends, giving you a peace of mind your case is taken care off, no matter what.

Your specialised legal expert to sort out MVA matters                   Professional - competent - swift - decisive and affordable		RAMLA   -  Road Accident Management & Legal Action Solution's solving MVA problems

Court action process claiming Car Accident damage

When it comes to file a claim, out of court as a demand or even as legal action in a court of law, some essential criteria must be met.

Caught up in a traffic accident on South African roads, which leads to damages in property or to the motor vehicle, the question of causation and negligence or even recklessness driving and liability, will be in the centre of the issue.

Attempting getting paid a fair compensation for car accident damages is a process and starts with the pre litigation phase, all before legal actions in a court of law cannot be avoided, it must be launched with the court, suing a negligent motorist for compensation by legal action in a court of law, in South Africa RSA.

The vehicle owner and/or car driver, suffered damages in the road accident, will regularly be the Claimant in a compensation case, whilst the one accused being the liable party, by not obeying the rules of the road and/or driven negligently, will be called the Defendant.

Someone alleging another, to have caused damages, does have the onus of (must) proof the allegations, which needs to be done successfully on a balance of probabilities. A claim can theoretically be won or lost, if the balance of the judicial scale, just tips slightly to the side of arguments of one party.

Claiming damages caused by a motor collision, the plaintiff must proof:

        The Defendants conduct was wrongful

        The Defendant was at fault

        The material loss suffered by the Plaintiff

        The Defendant's conduct was causal for the losses

Defending a claim the Defendant must rebut the allegations or proof provided, that may not be correct:

        The Claimants argumentation is incorrect

        The Claimants proof is weak or wrong

        The material loss plantiff suffered is not reasonable or fair

        Defendant must show he wasn't the cause of the impact.

The action for recovery of material losses will be the claim for damages.

Damage claims will be suitable enforcing the compensation for financial losses suffered as a result of destuctioon to a motor car, in a traffic accident.

The financial damage (the quantum of the claim) is the difference between the pre collision value value and the post collision value of the motor vehicle, being the repair costs plus other consequential damages or costs, such as towing, storage of vehicles, car hire (if conditons to claim apply) etc., provided the repair cost aren't higher as the pre collision value.

Legal Issues related Site Map - A comprehensive overview of relevant Issues

	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

Once an auto will be damaged as severely, that the repair costs will exceed the market value (pre collision value) of the motor car, it will be called a "write off" or totalled, a total loss.

The basis for compensation will then be determined by market value (no repairs economical viable), the amount of money the motor car had been worth in the state it has been pre collision, minus salvage - the value of the scrap, or alternative the salvage becomes the property of the party, as this will be the compensation pay for the damages in full.

Continue: What should be done before serving summons

	Below please find, as to your question in your web search for a solution in terms of MVA matters, we provide you with some answers, just click to the linked questions below. Click Legal issue Site Map - A comprehensive overview of relevant Legal Issues Court action process claiming Car Accident damage What are the conditons having merits to make a claim What should be done before serving a summons to solve the matter Getting legal actions started in a South African court of law Professional Investigation about the Defendants residential address What is a summons and what to do serve it to the liable party? Service of a summons - to be compensated for the damages claimed What is the South African Law - regarding third party claims? What else needs to be done to make the liable party pay? Default Judgement and Execution Risk losing a legal claim if the matter isn't well prepared! Headlines and Issues on this page

What should be done before serving a summons, which is the first step in a legal action with a court of law, to solve the matter

The process and legal actions in a case for material car accident damage compensation, a claim for recovery of destruction to property, must start with the proper service of a letter of demand.

What will be next after the demand, will dependent on the reaction of the demanded party.

	RAMLA is a professional and specialised expert in all Motor Vehicle Accident matters and can help solve problems professionally. We represent clients in 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

Confronted with the issue - been involved in a car accident as someone hit my vehicle, looking for fair vehicle destruction compensation?

As you are in the legal section of the RAMLA car accident information platform, we do look onto the legal route in particular.

It will however be the outmost best, try and solve a dispute - if any - about whatever kind of damages, caused in a car accident to claim for in a compensation action, is to find a solution and settlement, before such traffic accident matter need to be escalated to a court of law, for a final and impartial decision.

Finding a solution for vehicle accident damage compensation, out of court, in the so called pre-litigation phase, is preferable in many regards, such as costs, time consumption and attendance of matters in court action.

Only if all possible steps pursued in pre-litigation failed to bring about a suitable solution, the issue should be escalated to the Court of Law in the appropriate jurisdiction, given the facts and evidence back up a claim sufficiently with the reasonable prospect of success.

Cases dealt with in South African courts are commonly long term and costly and it will only be advisable to go to court, if sufficient credible evidence is at hand, and all been done in pre-litigation to solve the matter, but been fruitless, and the other party does have the financial background to pay, if a judgement has been achieved in favour of the claimant.

Given the above mentioned avenues are all taken but fruitless, as the other party doesn't come to the table, finding a solution for the compensation of car accident damages, caused in a traffic accident, or even deny the allegation being at fault and/or being causal, driven the motor car negligent, not obeying the rules of the road, speeding or not having observed the traffic flow and not been able having control over a motor vehicle, matters may escalate to the level of a court of law.

So if the other party just deny liability or the damage quantum/value of distruction, or disputes other issues, but there will be enough evidence, to proof the other parties causation and negligence, in procedures in a trial in a court of law, all starts with serving Summons.

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 a short circle of time.

For best results contact us by email initially, give us an idea of the incident, attach one or two pictures 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 repudiation letter, of give us the reason for the rejection and name the Insurance Company.

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

Your are very welcome to utilise such valuable absolutely free initial 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 explaining 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 once you got our feedback. 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. * please note that a practical claim pursuit will not be free of charge and comes with a paid mandate, but at reasonable and affordable fees, however take the chance to get initial free advice.		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 a specialised legal expert in material car accident damage claims, filing, demanding, enforcing compensation actions, supporting disputes in dispute resolution actions, with Motor Insurance Companies, or its Agents, work in Ombudsman's (OSTI) 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.

Welcome to RAMLA - Legal Information to solve car accident issues

Getting a claim started and escalated to a court of law

The law applied and interpreted by a magistrate or judge in a court of law procedure, is needed sorting out differences, when parties in a motor accident claim, are in a dispute with each other, meaning two or more parties cannot agree mutually on the cause and the culpa, about the traffic accident.

Another reason, legal actions will be needed, forcing a reluctant party to engage eventually into legal action, once they don't make any effort, engaging in correspondence or exchange of evidence, at all, just trying and waiting it out, hoping the other party rather give up, instead of going the legal route.

Professional Investigation about the Defendants residential address

The address of residence or work should be verified and investigated, if any doubt the Defendant will reside there.

Finding out about the true residence of a party can be a challenge. It may require visiting and checking out the place or address given within the initial exchange of details.

Unfortunately it happens that parties deliberately give false information, or even within the process of preparing a claim, such person moves on to another unknown place.

If it will be not possible to find out such real place of residence, external Investigators can perhaps help, with cost reasonable to avoid legal services to be not possible to serve.

	Motor Vehicle Accident matters aren't always easy to handle and many factors can play a role. RAMLA can help solve problems professionally. We represent clients in 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

What is about physical or bodily injuries and recover of such medical costs or even long term disability or disadvantages

In South Africa the process claiming for motor vehicle accident compensation for damages, is split into the bodily injuries section, which is dealt with by the Road Accident Fund, a public fund to pay for bodily injuries/damages only.

The fund had been created to ensure persons or relatives of deceased persons or breadwinner, will receive compensation for bodily injuries or loss of income, emanated from the bodily harm caused by car accident.

In the absence of a general obligation to at least maintain a third party motor insurance and furthermore, and the knowledge that even a South African 3rd party Insurance cover does not cover or include indemnity for claims to bodily harm, the Road Accident Fund is the only way to go and safeguard a victim of a traffic accident, suffering bodily injuries, to have a chance of compensation at all.

The way dealing with the Road Accident Fund and claiming for bodily injuries is not subject to the RAMLA web pages, you are currently browsing.

The RAMLA web information and practial service offered, supporting a victim of a car accident, focus on material, recovery of financial losses or damage to property, for compensation.

Legal Actions for material car accident compensation

Legally enforcing compensation for material damage or damage to property means, getting paid for the destruction of a valuable asset, i.e. a motor vehicle, buildings, a wall or pole, or any other destruction, compensation money is needed to get assets back into pre collision state.

The South African law, regarding third party's claims, in simple and short words says - those caused damages must compensate the other parties, for such destruction to property to the extent the value of such destroyed or damaged property had been before the impact, with some limitations as market value or pre collision value, but not for enrichment.

No sentimental values are awarded and other limitations given, such as consequential damages of which all parties do have a duty to mitigate. That may affect storage cost, interest, car hire, or other perhaps unreasonable parts of a claim.

As a main concern, there are some hurdles to overcome, proving the credentials another will indeed be the sole cause, wrongdoer or perpetrator producing this traffic accident.

Before any compensation payment, the other expects receiving a demand to settle damages, from the Claimant or third party. Following a demand, the other - demanded party - must either agree to be liable for causation, or in an unsettled dispute, a legal process in a court of law, must be launched and won.

The onus or burden to proof that the other is at fault, rests on the one who claims (allege) in order to win a claim on the basis of a scale of probabilities.

Once a legal battle is won, or a settlement can be concluded, either in the state of the pre-litigation phase or within the legal process, the money will eventually be due.

A final solution of a dispute can be documented, either by judgement or private settlement agreement, even possible made as an order of court, at any time during the pursuit of the legal case.

South African law and the rules of the courts, regulates the process of actions what to do, and how following those rules. But just following the court rules, will not guarantee a judgment in your favour, if a case is week.

Before a court decision is made, ie. saying the other party or third party must pay, the plaintiff must proof the case to the court on a balance of probabilities, that the other party (Defendant) is liable.

Liability will be established, if negligence and causation is proven throughout evidence provided, such as facts, witness testimony or expert assessing.

You found the RAMLA web page because you are looking for some general information on how to proceed in a case of a car accident in South Africa. You will find lots of information about it here, answering questions you might have in your car accident claim.

However the information supplied are information's only and cannot be seen as given legal advice.

If you want practical support to be compensated for your car accident damage, RAMLA can be your one stop solution.

Contact Us for more and email us to contact@ramla.co.za - telling about issues, problems or questions you may have.

RAMLA - Road Accident Management & Legal Action Get a unbiased and intially free reply to your inquiry where you are and what is the way forward - free of charge - just to enhance confidence trusting RAMLA expertise, before you mandate us.	if you want be paid compensation for yor car accident damages or in a need to defend you against unreasonalbe or inflated claims, Contact us NOW RAMLA is a specialist in motor accident damage recovery claims. Our team can help you through the process and minimise trouble affecting you in a claim.

What is a Summons and what must be done to serve it to the liable party?

A summons is a legal document, that initiates the process of pleading and litigation in a court of law, and lists initially who is demanded to pay (Defendant), what and why something is claimed by another party (Claimant) and what is the value or remedy, judgment is sought for within POC or Particulars of Claim.

The Summons must be made out on in official form and must comply with several requirements, inform and enable the Defendant to act accordingly, either accept the charges or enter into defence.

If the Defendand is missing out and not follow the regulations according to the above, it will allow the Claimant filing for default judgement.

An actual document form is available on South African government web page.

1.1.   Can i file, issue and serve a summons in my private
         capacity?

1.2    What happens when the other party files and serves
         the intention to defend?

Issuing and serving a summons, to the other party, constitures the first legal step, to initialise a legal action in a court of law.

Before the summons can be filed, the court of jurisdiction must be identified. Once the summons is carefully filed, it must be issued with the clerk of the court of jurisdiction. Issuing means, having the summons registered with the court of law and identified by a case number, given (issued) by the clerk of the court. The issued summons will then need to be served to the Defendant.

Only the sheriff of the court and the one for the district where the defendant is resident can serve a summons correctly, and do the service effectively and lawfully.

Once a return of service will be positive, meaning the summons has been served in the prescribed manner to the Defendant, the process of a court of law is in force.

As mentioned, before the summons can be issued and served, the court of jurisdiction must be identified, which can be the place of residence of the defendant or the court of jurisdiction for the area where the accident took place.

Choosing the right court is even dependent on the amount/value of a claim. In such terms South Africa provides three major court levels suitable, initially dealing with car accident damage claims:

a.) small claims courts, for smaller values up to R 18,000

b.) magistrate courts for values up to R 400.000

c.) high courts for the upper values.

It must however be noted, that the lawmakers change those values from time to time.

Once a combined summons is chosen to sue another party, even evidence must be provided within the particulars of the claim (POC). The Defendant or his/her representative, who enter defence, will need to serve a notice of defence, within 10 days after the service of the summons.

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Can i file, issue and get a summons served in my private capacity?

Depending on the level of court, a private person is allowed to represent him/her and act in a court of law, provided the person do know what is required and capable to meet such requirements.

That means, yes a Summons can be issued privately, but must be served by the Sheriff.

It is however not always advisable, as it is not only to know how the process works and having a knowledge about the rules of the court, a successful action will further require an intimate knowledge of the so called law of delict in order establishing delictual liability, as such is part of a legal action claiming for car accident damage recovery and applicable, laying out the motor law in South Africa.



Details of the circumstances will have a pivotal role and all needs to be addressed knowledgeable and supplied with underlying facts and arguments.

If someone will be capable doing so, he or she will hardly search for support information via the Internet and come to read this pages.

In other words, if one isn't really sure to have the capacity and capabilities analyse matters, if worth before follow and enforce a traffic accident damage claim, getting professional legal support, as lose out in a case, on lacks of knowledge avoidable.

	RAMLA is a specialised expert in all MVA matters in South Africa. Contact us to find out if we can help you as we did for many others before We represent clients in 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

What happens when the other party files and serves the - Intention to Defend?

Within the summons there must be a section providing for the demanded to file and declare the intention to defend the matter or accept the claim.

Once such notice is filed and served as prescribed, the dispute is pending and the Defendant needs to address the summons in a defence plea, not later than 20 days from filing and serving the defence notice.

Parties do have the right asking for more detailed information, if the particulars of the claims don't provide all necessary to answer the claim in a defence plea, which must be properly served, within 20 days from the receipt of service of the notice of defence.

Thereafter the process of trial gets underway and once pleadings are closed, litigation will follow.

Service of the summons to the other party

Once a summons is issued (registered and completed with a case no) with the courts clerk, the sheriff in charge serving the court of jurisdiction, must be provided with the original Summons and at least one better two copy's. All must be duly signed, stamped and marked with the case no of the court, which issued the summons.

The sheriff will then go out and try finding the person/s or company, named as defendant and hand deliver a copy of the summons.

If the sheriff is unable to meet the person/s, he will try again, unless he will meet someone legitimate in terms of the law, which have to accept the service of the summons.

In praxis, it is relatively common, that the service will be delayed or impossible, if the residential address of the person to be served, will be not existing or not accurate enough, or the person just don't live there at all or anymore.

It is therefore of outmost importance that those residential or business addresses are double checked in order avoiding such delays or even incapacitation of service at all, which get a claimant nowhere but to bear costs for the drawing, filing, issuing and service of the document.

There are investigative services to be utilised for tracking down such addresses.

After the sheriff has either deliverd (served) the summons succesfully or exhausted all his/her means to deliver the summons, he/she will file either a positive or a negative return to the party issued the matter.



A positive return means the summons is properly served and time barriers and obligations participating in the court actions starts running.

In case of a negative return, which is a most unwelcome development, no process is stared and only triggers costs with the sheriff and attorneys.

Therefore a party should take reasonable care, investigate and cross check the residential details of the other party, before handing in such to the representatives. The attorneys or other legal services cannot check on such address details, and will just take the information provided for service, in trust of being the correct information.

Once the service had been successful, the plaintiff or his/her legal representative, will receive a notice and get the original summons, including certification of the service, back for further procedure.



If you want or need practial support to be supported and compensated for your car accident damage RAMLA can be your one stop solution.

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




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	RAMLA (Road Accident Management and Legal Action), is a specialised expert in material car accident damage recovery solutions, dispute resolutions and/or defence against unreasonable or inflated claim actions, in South Africa. Contact us for support or to solve your particular MVA (motor vehicle accident) problem.

What is the South African law, regarding third party claims in car accidents compensation actions, and what must be kept in mind to sue someone, deemed liable to pay, for your traffic accident damages?

Matters regarding the cause and Quantum of damages in a car accident

Simply spoken the law wants, that one or all victims of a motor collision, must be compensated for material damages by another, who infringed the rights of others or caused harm to them, if found causal and liable for the traffic impact.

The law wants people to be placed back into the (financial) state as before the accident, and the party harmed be compensated as to such extend.

The limitaion however is not to be paid more as the value to pre-collision and any compensation should not be higher as the marked or pre-collision value of the motor car, before impact, but even not short of it, given a liability of the other can be proven to be 100%.

The South African law of delict, governing the traffic accident damage recovery action, even entails the apportionment of damages act, which provides for parties to allege others, having contributed to the cause of the motor accident, by not obeying to certain duties or to a variety of obligations, imposed on all motorists or road users.

Some motor Insurance Companies or legal Representatives of parties, or even experienced parties themselves, misuses the provisions of the apportionment of damages act, lightly and by far too often, telling the other party i.e., - no one does have an absolute right of way - and/or simply imply contributable actions, such as not observing the traffic in a appropriate manner, speeding and more, leading them to apportion the compensation offer to a certain per cent i.e. 60 / 40 in favour to a claimant, who may be entitled to believe the other is entirely liable, can lead to significant shortfall for the Claimant.

Such apportioned settlement offer is decided by someone, of which nobody does know about the credibility of knowledge and can be biased or even completely incorrect.

All apportioned settlement offers made by a party and not by a Judge, should be scrutinised and if applicable, disputed and/or challenged, in an appropriate manner.

	Motor Vehicle Accident matters aren't always easy to handle and many factors can play a role. RAMLA can help solve problems professionally. We represent clients in 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

Apportioning of liability (decided by a claim administrator or party and not by a court of law) and subsequent reduced compensation, can end up very detrimental and should not just be accepted, without in depth scrutinising the facts.

Your question may have been: I have been offered an unacceptable short falling apportioning settlement offer. How can I challenge such?

Apportioning of damages, regarding motor vehicle accident damage compensation claims, needs a complex evaluation of matters influencing a decision. That certainly is a very light definition, and the truth is, that it can be a challenge to find the right definition of causation, which in turn influences the apportionment.

In determination of liability, the question of culpa (causal elements) and negligent driving (not careful enough), or even recklessness behaviour (highly irresponsible), the question or degree of liability must be answered, based on what effectively had happen.

Therefore a number of factors must be looked on, finding out who have caused the traffic accident or driven negligent, by analysing the circumstances of the motor car accident.

Should matters apply that indicates, there may have been contributal factors or driving been not evasive enough to avoid the accident, if it may have been possible to avoid an impact, can lead to apportioning.

All motorists do have a lot of obligations, abide to the rules of the road, reasonable foresee dangerous possibilities or circumstances, that can lead to problematic situations and drive accordingly careful and furthermore be aware the obligation avoiding impacts of road accidents, if there will be a chance doing so.

The South African courts don't decide lightly on apportionment and apply a number of legal tests and look on to precedents, before arriving at a judgement, which cannot be assumed be done in even a similar accuracy by any decider in claim compensation matters out of court.

The fact, another crashed into a vehicle, does not automatically mean, that the fact the one crashed into another, will be the cause of the motor vehicle accident.

Causation and negligent driving can be alleged, if the car driver did not obey the rules of the road, i.e. speeding or not having properly observed the traffic situation in its entirely surrounding (proper look out), not just in front of the motor car, but arround and behind as well.

A motorist must reasonably expect danger, especially at neuralgic dangerous sections, and do all possible to avoid a collision, by having applied evasive measures available, swearing round the obstacle, brake or stop etc., in which doing so as good as possible, an accident would have been avoided.

If another may not have taken evasive measures, as it have had been reasonable possible, the fault of another, even by violating the rule of the road, must not consequentially mean, being regarded as the sole cause for the impact.

There are probabilities, both or more car drivers involved in the same accident, can be held partly or contributory liable, for the cause of the traffic accident, and if so, it can create partial liability for compensation of material, pecuniary losses, of others.

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Matters regarding the value (Quantum) of compensation that needs to be proven in court.

Auto accident damage repair costs are not cheap these days anymore. Even small damages will trigger noticeable repair expenses.

Damage value or repair costs plus consequential damages are legally known as Quantum. For more please follow the link before.

In a court action, the matter will initally be litigated as to liability. Once the matter of liabilty is established, the presiding judicial officer will give his decision as to liability. Only thereafter the matter of the Quantum (damages) is to be addressed and must be proven.

All too often this is a challenge, if there isn't a proper damage assessment done about the repair costs etc, at an early stage when the accident happened and properly documented.

	RAMLA is a professional and specialised expert in all Motor Vehicle Accident matters and can help solve problems professionally. We represent clients in 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

RAMLA supplies specialised legal service for clients, analysing facts and take action, in material car accident compensation matters and support or represent a client, on the way to fair and full traffic accident damage compensation, as an professional and affordable specialised MVA (motor vehicle accident) expert.



Submit your accident documentation for initial review by RAMLA claim service, and receive comments and recommendations, absolutely free, before you possibly decide mandating RAMLA to take care of the matter.



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

Default Judgement and Execution in a pending legal action

Default judgement can be applied for, if a party did not abide to the Court rules and therefore be defaulting, which can or will trigger a judgment against the party in default.

A default judgement can be achieved, if another party do not comply and the Jude will accept the applicant for default did follow all obligations. However Judges are not in favour of granting default judgements and want not only it must be proven the other party be in default to the rules, but will evenly look critical on the Quantum or the amount of money claimed for, in the action, to be sustained and proven.

Proving the Quantum in a car accident compensation action need some attention, many just only look on very late or too late. It is almost certain, that some time had been one by, once a default Judgement can be applied for, relative to the date of the accident.

Should the damages vehicle not been professional repaired in the meantime and a proper repair invoice available, it will be hard to proof fair and reasonable damages on a vehicle, weeks but regularly even some month later, if no precaution been made early after the impact.

Given a default judgement is granted, the Claimant can request a writ of execution from the clerk of the court and order the Sheriff in charge to execute, initially against all movable property of the Debtor.

A default judgement can be appealed for with the court for rescinding the default judgement, even if the matter is already in execution.

Such application must be launched and if successful, the matter will go further within the trial routine, for a decision based on the merits and not on default.

If a default judgement is not addressed and set aside, the party obtained it, can excecute against all property of those named as Defendant within the action.

Against a default judgement one can be apply with the court for rescinding the default judgement, even if the matter is already in execution on rounds applicable. It will regularly need a legal expert to do so successfully.

Such application, if successful, the matter will go back further to the trial routine, for a later decision based on the merits and not on default.

Certainly an application for rescinding the default judgment can be opposed by showing that the reasons claimed for a rescission are not applicable and not reasonable.

If a default judgement is not addressed and set aside, the party obtained it, can execute against all property of those in the name of the Defendant, within the action.

RAMLA is a specialised expert in all MVA matters in South Africa. Contact us to find out if we can help you as we did for many others before We represent clients in 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

Kindly take note of the info below, before you contact RAMLA. We do offer a free first advice, but unfortunately we cannot supply a free pursuit of your claim. 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, but not free of charge. Keep this in mind before you contact RAMLA, if you expect experts to work for you - free of charge.   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. Just contact and we take it from there. You want to discuss your case in brief with our claim manager on duty? Call 076 770 3179 (standard rates apply) for a short first contact or even better and much more effective getting a meaningful reply, send an email - containing the facts of your problem, and get some answers straight away.		Check out what RAMLA can do for you. Just contact and brief us with your problem. We let you know about the way forward. RAMLA is your prof specialist in recovery of your material car accident damage (no bodily injuries). 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 individual 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.

Are there risks in legal action or claim, in a court of law, suing the other party to pay.

Unfortunately there are risks in any action in a court of law. The scale of a risk however is fairly dependent on evidence. How better the evidence the better the chances of success, how weaker the evidence the higher the risk.

A case for motor car accident damage recovery must be based on proof and being well documented and founded on facts, which can be proven on the balance of probabilities.

Before entering into legal procedures in a court of law, all tasks and avenues in the pre-litigation phase, such as gathering evidence, service of a demand and where possible enter into negotiating to settle, should be exhausted and all attempts to find a sufficient solution failed, before initiation of court procedures.

Entering in court procedures comes with costs and it must be made sure that the evidence will be good enough to build a strong case. Facts must be straight and reliable.

If witnesses are involved it must made sure, that they will testify credible in favour and support of the matter, according the testimony they gave in writing or as affidavit, when testifying in person.

One should always bear in mind, that the best attorney or legal advisor, can only support the case efficiently, if all data and facts are of value and completely submitted, enabling a person legally represents you, filing competent pleas with proper arguments.

RAMLA is keen doing the best possible preparation in a claim, in the so called pre-litigation phase. Before going to a court of law, for an unbiased decision, RAMLA approaches the deemed liable party and demand payment.

The step to a court of law, only needs to be taken, if either the person deemed responsible for the impact, or the insurance company, don't accept the claim, even if based proper argumentation and proof.

Unfortunately that happens, especially if you want your fair and full compensation and don't just agree to an insufficient settlement offer and cover the shortfall with your own money, to bring a story of disappointment to an end.

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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

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