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

Welcome to RAMLA



RAMLA - car accident damage claim service South Africa
Motor vehicle accident damage claim enforcement
- defence against inflated or unreasonable claims
- Motor Insurance disputes - claim declines


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Car accident damage claim enforcement

Rebutting unfair settlement offers

Insurance claim declines or dismissal

Defence against unreasonable or inflated claims

Support pursuit in any MVA matters, in South Africa


Road Accident Management & Legal Action



We are car accident damage compensation recovery specialists

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

    Legal Issues RAMLA - car accident damage claim service South Africa

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



Claim against an employed driver

RAMLA - car accident damage claim service South Africa

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

      car accident in South Africa






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  Claim Information      Damage Assessment      Legal Information      Repair Service      Insurance Matters      Claim Collections      Downloads     Mandate Terms & Conditions      Contact        Job        Press        Company    


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







claim against an employed driver

In a matter of - Car Accident compensation, - don't be fooled - badly treated - and - do not accept unfair Settlement - offers

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

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As traffic accident most commonly comes with - damages to the vehicles - involved, the matter of - financial damage compensation, - is what comes to need attention.

Motor vehicle - accident compensation actions - can be challenging and need to entail the - Quantum of Damages - financial value of the destruction - the - merits of the matter - addressing - liability and causation - and all should be in a formal demand. The demand is commonly made out as a - Letter of Demand (LOD)- which should entail what background and damages are.

In a - so called - 3rd party claim - a claim from one party to another, where the one deemed to be liable, perhaps be insured against third party motor accident damages, the challenges are - getting the claim accepted and fairly paid, insured or not.

 




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

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

Car accident issues that matters most:









      facilitating a claim



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

     not insured motorist

     3rd party claim

     reluctant party





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   value of damages



   Calculation of damages

   Quote or assessing

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





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   Insurance claim evaluation, decline, dispute



     


   3rd party claim

   comprehensive claim

      violation of terms (t&c)

      in regard to investigations

   declined claim

   insuficient settelement

   Apportionment

   Precedent / case law

   Defend Recovery Action





     




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

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

RAMLA comprehensive MVA - motor vehicle accident - Information Platform,

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

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





Apply for RAMLA Membership NOW



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

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

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

                  Professional - competent - swift - decisive and affordable






         Issues with South African Motor Insurance companies

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Should a matter be taken to a court of law?

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

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

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

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

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

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




 




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Issues of legal interest



  More Issues of high interest

 

Free accident fact check

Elementary Traffic Duties / Rules


  Defending against a legal claim

   Negligence, Causation, Culpa



Risks and Chances
in a compensation claim


Documentation needed
preparing a claim


       Evidence - Facts - Merits

Calculating the Value
of damages

Acknowledgement of Liability
Settlement Agreements

   Quantum of Liability -          Apportionment
Dispute Reselution



Liability of Car Owner
and Vicarious Liability


Employed Car Driver
and Vicarious Liability
Employer and Employee




Expert Witness
in a dispute of facts

Accident Witness and Testimony

Affidavit - Commissioner of Oath

   RAMLA legal in-house service




The right attorney
Specialized Attorneys
How Attorney claims
Attorney Costs
Attorney Tariffs



Find a local Lawyer
Become a network lawyer


Other Issues in the Sector of:

Towing
Damage Assessment
Legal Service
Insurance Matters
Claim Collection Service
Repair Service





Free accident fact check



If you are involved in a car accident in South Africa and like to know what to do, please read more.

face the challenge - Let's Claim













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

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



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


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

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


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


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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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






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

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


 
                        

RAMLA offer You:

Free initial claim evaluation


car accident in South Africa



Free case analysis

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

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



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

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



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

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

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

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

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



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



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

car accident in South Africa

       
 




The South African law in a motor car accident damage claim . . .

stipulates, a motorist that negligently and wrongfully hit another motor car, causing the traffic accident, must compensate the other victims for damages to the vehicle or property, to the extent and state as the vehicles condition has been, before the vehicle accident.


If you are involved in a car accident in South Africa and like to know what to do, please read more.
The procedures to be followed, demanding and enforcing car accident compensation, are commonly known as 3rd party claim, in South Africa.

Once accident matters or circumstances are analysed the case will be prepared, demanded and pursuit.

One of the main obstacles in a vehicle accident damage compensation claim obviously will be the matter of possible disputes.

Talking about the law, regarding solving differences that accrues from material car accident damages, the source is the common law of South Africa, the applicable traffic legislation and the developed schemes applied in a court of law over time, solving civil differences.

Additionally there is the National Traffic Act, 1996 stipulating some essentials applicable to motor car accidents occured in public traffic.


Solutions to car accidents in South Africa


The initial obligations burden on any motorists if involved in a traffic accident on public roads are outlined in the National Traffic Act, 1996 at section 61. (1) - Source Government of South Africa.

This section tells you what the participants at least have to do when ever tangled by a car accident, as to report the accident, exchange personal data etc.

Enforcing of your material compensation will be a matter according to common/civil law.

It will be of high advantage to have someone on side, knowing the law and the wide ranging implications applying in motor accident disputes, being able to follow the procedures and solve the compensation claim positively.

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car accident in South Africa



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car accident in South Africa

When does it make sense claiming for motor car damage compensation?

1. To all times, if it's regarded as a principle, not let getting the perpetrator away who harms another, without consequences. This implies the question of economic matters is secondary to the principle.

2. If a claim exceed a certain amount in relation to cost for demand and pursuit of the matter and the claimant will not be able doing it in own capacity, but prepared spending a smaller portion of compensation, which may be lost entirely, if no action will be taken.

In figures it may imply that no claim for car accident damages, less than for the compensation of R 10 000.00 will vindicate any external claim support, coming with costs. A claim below R 18 000.00 can be directed to the small claims courts, which proceeds matters relatively quick and very affordable, but need the participation of the claimant.

A claim higher than the threshold for the small claims court, above R 20 000.00 very well deserves an enforcement, at least before matters eventually needs to be taken to a court of law.

Any damages higher than R 60 000.00 or any shortfall in motor insurance offers in this range, should be taken on, to all times.
car accident in South Africa
RAMLA - Road accident management & Legal Action, does offer a very competitive if not unbeaten claim service, acting for the recovery of car accident damages, in South Africa.

We do offer a low flat rate as once off fee, which covers all we do in pre-litigation, starting with case evaluation, preparation, demand and pursuit.

If a matter cannot be solved before legal actions in a court of law in the country, RAMLA takes the matter further, to the lowest costs available in the court schemes, which effectively means, if a case is won, all or most of those costs will be recoverable and recuperated from the liable party.

That in fact means, a RAMLA client just deposits the estimate expenses and once costs are taxed and enforced, such will be paid back to the client.

Its definitely one of the best claim options we do know on offer in South Africa and if all will be as predicted, the matter has been pursuit nearly free of costs.



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Proper motor car accident documentation is the solution!


Never forget, the documentation of your motor car accident in South Africa is very essential in order to proof your legitimate assert to claim.

RAMLA sees a lot of such documentations and most often photographs are taken, but unfortunately the direct scene of the impact - the situation as the cars come to a final still stand - is most often missing.

It may be, that others being helpful and acting to clean the scene of the accident are a bit too quick, to get the traffic flow running again and get the obstacles to safety, somewhere on the sides, before just quickly take some important photographs.

Please be aware that the photographic evidence just to this time can be the major plus point in the proof of your claim.

RAMLA offers you full legal support and additional claim preparation measures.

 




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Motor Vehicle Accident

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


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

RAMLA will be the solution,

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

in all sectors of vehicle accident damage compensation problems.

car accident in South Africa

car accident in South Africa





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.

claim against an employed driver

 car accident in South Africa      car accident in South Africa


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.




car accident in South Africa  

Your specialised legal expert to sort out MVA matters

                  Professional - competent - swift - decisive and affordable


RAMLA   -  Road Accident Management & Legal Action


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Solution's solving MVA problems


Car accident claim against an employed driver - South Africa (RSA)



Claims where companies or employers are involved, can be a particular challenge, as the employed - perhaps liable driver - just fabricate a story not been liable, in order protecting the job.

Driving a motor vehicle on public roads in South Africa always comprise the risk, being caught up in a traffic accident. A high number of vehicles, motor cars, busses, taxies or trucks in public traffic, are traveling business related, being company motor cars, driven by an employed motorist.

Once trapped in a motor accident, the question of who will be the party to pay for your damages at the end arises. If you had been involved in a traffic accident, with an employed driver on duty, the way of claiming damages, will or can be different to those suing a privately driving motorist.

car accident in South Africa RAMLA can help clients in all MVA matters to solve problems professionally, claims, disputes (3rd party / comprehensive Insurance cover), review of declines with the Ombudsman (OSTI) and defensive actions against unreasonable or inflated claims, professional - affordable.    Contact RAMLA for your support to have a damage claim paid or defenced.      Contact     
Regularly, the employer will be responsible for the actions or harm constituted by an employed to others. A prerequisite that will impose liability onto the employer, next to the car driver, will be the employed in on duty of his regular business and in line with instructions from the employer.

As this will be the case, the motorist causing the car accident, drove in line with orders or tasks of daily business, victorious liability can be put forward to the employer, making him/her (the company) jointly and severally liable, for the damages to others, caused by the employed on duty.

Important however will be, that the deemed employed driver, is actually employed and on duty and in alliance with his orders in business. Once it is alleged or turned out, the deemed employed motorist, is not factually employed or claimed being an independent subcontractor, it should be investigated, what the status has been, to the time of the impact. A company cannot be held vicariously liable, for actions of a truly independent subcontractor.

In praxis, the argument the alleged employed, has not been employed or has been an independent subcontractor will be applied, as a tool in an attempt discharging vicarious liability.
car accident in South Africa   Your specialised expert to sort out MVA matters

                  Professional - competent - swift - decisive and affordable






Can an employer be held liable, what must be looked on?

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What constitutes the facts of employment?


The employed car driver must adhere to the duty of business


Vicarious liability of the employer


Dependent or independent subcontractor


How addressing a compensation claim for vicarious liability?


Opening a claim where a company is involved


What needs to be done, if companies makes it difficult?




Headlines and Issues on this page



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Motor Car Accident, in South Africa?
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 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*

 
car accident in South Africa

RAMLA can be the solution in MVA matters

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

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

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

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

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

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


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

       motor car accident damage claim is complex             

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


It's so easy contacting us by email.

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

- free of charge.

If you like 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?


car accident in South Africa

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



RAMLA offers full legal support to solve a car accident compensation claim, starting with a comprehensive claim preparation and subsequent legal action to enforce fair compensation or defend against inflated or unrealistic recovery actions, all the way up to a court case, if no solution can be found in pre-litigation.





What constitutes the facts of employment?

Employment must be seen established, once the employed will be under the supervision of an employer and being remunerated in whatever form, regularly in money.

An employment can be short term or long term, either as temporarily. Employment can be suspected or claimed, even for a single job under supervision.

Employment and resulting liabilities, for wrongdoing or harm, throughout negligent behaviour of an employed to others, while on duty, will only exist once the employer will have supervising power and ability to delegate the work or duty to an employed.

The element of supervising, directing, organising or controlling the tasks in employment will be crucial. Without power of directing and influencing the work tasks of an employee, no employment can be claimed.

An independent person, nevertheless performing for another and get paid or remunerated in whatever form, must rather be seen as an independent subcontractor or service provider, even if utilities of the "employer" will be needed and operated in performing.

Independence however can only be claimed, once no supervision, no dependency no instructions given by the "employer" must be abided.



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car accident in South Africa      car accident in South Africa



The employed car driver must adhere to the duty of business

Once the status of the motorist is definitely that of an employed, still more factors are to look on, before the employer, can be held liable for wrongdoing and harm or damages to others, in performing duties by the employed.

The employed car driver must be on direct duty of the business, given to him/her and performing herein, to the time of a motor car accident. If an employed car driver deviate from the direct duties, in violation of his obligations, set out for the manner the duty should or must be performed, the employer can deny liability for those actions, occurred to a time of deteriorating from duty.

Such exclusion can be, if the employed motorist caused the vehicle accident, acted outside the direct duty, while performing privately in between the direct duties, taking detours etc. that are not scheduled.

If the employer can successfully argue, the employed violated the terms of direct duty, he/she can escape being charged with vicarious liability, and the claim must be directed solely to the car driver.



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car accident in South Africa      car accident in South Africa



Vicarious liability of the employer for actions of the employed

We explained the term of vicarious liability already, but just refreshing, it's a liability imposed by law onto others not doing anything wrong, but do have special relationships with a person that did wrong.

The special relationship between employee and employed is the employment itself.

The employee utilise the employed to perform his business and entrusts the employed with duties, he/she cannot do on his/her own, for whatever reasons.

An employee empowering an employed with work, duties or tasks, must take responsibility for the negligent, inefficient or untrustworthy action of the employed. The creation of the risk will be on the side of the employee, once an employed will be under the duty of the orders and directions of the employee.

The "creation of risks" or risk liability, is the underlying factor creating vicarious liability.

Under such measures, an employee will be liable for actions and harm or damages, caused by the employed to others. The employee therefore can be held liable jointly with the car driver or severally liable, on behalf and for actions of the employed.



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               Contact RAMLA . . .   for your free initial case analyse   Now
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car accident in South Africa      car accident in South Africa



Dependent or independent subcontractor

In a car accident recovery claim, we looking to sue another defendant additionally, and not just the liable car driver, we deal with vicarious liability.

In praxis, employees are more often involved in motor car collisions as a private motorist, due and depended on the number of employed performing business utilising motor cars in public traffic.

Confronted with damage compensation claims more frequently, the employee will probably have some experiences and the need, minimising the impact to his business or insurance cover.

A more experienced employee does know about the liability for actions of the employed car driver and furthermore may know some arguments constructed to get around a compensation claim.

Some of those are claiming, the suspected employed will not be one in fact, as he/she is an independent subcontractor, for which the employer or contractor will not be vicariously liable, for any actions, performed by them.

Such arguments can be successful; avoiding liability to the detrimental of the claimant, once not determined met.

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


The criteria of indeed dealing with an independent subcontractor are:

1. Not being bound on directions, instructions or the way performing

2. Not being under the supervision of the contractor

3. Working independently for more than just one contractor

4. Having and utilising own equipment performing the contract

5. Not receiving a regular, revolving salary.

A dependent subcontractor may perform some duties on its own, but some under instructions of the contractor and/or utilising contractors equipment.

A dependent subcontractor may by definition, rather be seen in the light of employment, instead of being indeed independent, which opens the door for vicarious liability.

Proving or disproving a status claimed, being an independent subcontractor will not always be easy and do come with challenges, but in a number of cases, worthwhile get into the facts.

Those employees, claiming the employed must be regarded as independent subcontractor, don't buy a case lightly, and considering forcing the claimant going the legal route, more often than others.



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RAMLA - Road Accident Management & Legal Action



car accident in South Africa

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,

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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.



Addressing a compensation claim for vicarious liability

The parties, the employee and the employed must be demanded and hold liable, jointly and severally.

A claim demand or a legal action in a South African court of law must name and sue all the parties as defendants and explain the reason and facts of vicarious liability.







car accident in South Africa      car accident in South Africa





Need to open a compensation claim, where a company is involved

If it comes to the need opening a compensation claim, in a case where a company is involved, it is always highly recommended to sue both parties - the driver and the company - to pay for motor vehicle damages compensation, attempting to hold both the employed and the employee liable.

Make sure you have got all the company and driver's details and verified to the best possible option, right at the scene of the vehicle accident. If you are not able doing so, as you haven't been prepared and too nervous at all, after the impact, you will have lot of extra research afterwards, finding the business residence and other details of the employee, if the culpable car driver causing your car accident damage, will not be supportive.

Unfortunately often observed the employed liable car driver will, not be eager to support the victim, as he/she fears to face negative impacts to the employment. Most often this bad behaviour will apply, if you face companies where transport or delivery - meaning the proportion of driving to perform the business is rather huge than small, are involved.

Some of those bigger companies, do have own in house legal advisers/attorney, as they too often been involved in motor vehicle accidents, or other legal disputes and need a team to prevent them paying too much and i.e. from downgrading its risk profile by insurance companies.

That can mean, cases where the employee is involved, are most likely more difficult than enforcing compensation in car accidents, caused by private drivers.



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car accident in South Africa      car accident in South Africa



What practically needs to be done to get paid your car damages, even if companies makes it difficult for you?

If involved in such motor car accident scenarios that have elements of vicarious liability, you should act very carefully, making sure the driver in charge in fact works for the company named to you and the accident happened while he was fulfilling his obligation in terms of his job.

If you make phone calls to verify the matter, protocol to whom and about what you have spoken and what kind of acknowledgements had been made. You need to speak to the manager in charge or the owner of the company, the liable car driver works for.

Unfortunately, you as the one suffered the car accident damage, probably required initiating a legal claim to enforce your car accident compensation; you must proof all your facts if you meet resistance, either by the company or by the insurance dealing with the matter.

As you rely on a telephone call made by the employed to the employer and briefing the boss with the problem, on the scene of car accident and the employed tell you the boss accepted the claim, you may be disappointed later, when the person employed you spoke to, will not remember or confirm anything, what you believed would be secure.

If you can manage to have witness when such telephone call take place, willing to testify in your favour, you have good cards.

car accident in South Africa RAMLA can help clients in all MVA matters to solve problems professionally, claims, disputes (3rd party / comprehensive Insurance cover), review of declines with the Ombudsman (OSTI) and defensive actions against unreasonable or inflated claims, professional - affordable.    Contact RAMLA for your support to have a damage claim paid or defenced.      Contact     
It is hardly ever, that the company is pleased to pay for the driver's car accident damages. When the driver will not be insured or probably financially not strong enough to pay for the car accident damage caused by himself you need to held the company, liable too.

In your term to argue for your compensation you must apply the "master and slave" or better employee and employed, terms of law, when suing both driver and employee.

To be in a good position, one should make sure that such employment will be reported, in the police car accident report. It will be even better to have an affidavit filed and have it properly stamped and signed by a commissioner of oath - easy to achieve at any police station - stating all the driver's details and his relationship to the employee and a statement regarding the liability of the car accident.

It will be not the rule that you can get such affidavit right after the accident, but try to have an open relation with the deemed liable employed, to arrange for the affidavit, when it had been filed a little later.

Motivating the employed driver doing so, can help explaining that those measures are to get him out of the fire line personally, so that not the driver but the employee must pay for the damages, instead he/she must pay out of its own pocket.

The employee may use or fabricate arguments to avoid liability, such as that the driver may be an independent subcontractor, or that he is not in charge of the driver, or that the driver did not have the authorisation to drive at all, or perhaps the employed had not taken the route he had been instructed to use and therefore being deemed to be on a private part of the trip and many more reasons put on the table, to avoid the liability and payment.

You should make your proof and gathered information as watertight as possible, before you start claiming to recover your car accident damages, from the employee. It is quite important to know, that the driver may be in fear of his job and will not always be cooperative, to sort out the motor vehicle accident damage, at all.



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Nationwide RAMLA Claim Service
SMS your problem to RAMLA Cell

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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.





















 

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.





 

Defence against unreasonable or inflated claims?

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

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

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

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

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









 

However we do handle every substantial MVA claim,

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

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









 

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

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

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

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









 

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

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

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

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

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

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









 

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

Let me answer the question in short.

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

Why is that so?

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

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

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

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

Contact us to get more detailed information.









 

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

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

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

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

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

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









 

Should you have been through all before . . .

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

You're welcome to be served perfectly.

Kind Regards Your RAMLA team







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

When it comes to a legal action in a court of law, the details are important.

RAMLA do know what is of importance and guide matters to success.












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
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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.





 

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.




 

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.





 

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.





 

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.





 

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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