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Motor car road traffic accident damage recovery, is what our subject is all about.
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Below please find some issues and occurrences of common interest, listed and linked.
Car accident issues that matters most:
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Caught up in a car accident
in South Africa, may force a party to claim damages from the wrongdoer,
or may lead to the need to defend against inflated or unrealistic claims.
RAMLA - Road Accident Management & Legal Action
Car accident lawyers and professional claim managers, enforcing traffic collision damages, effective, decisive but affordable.
Caught up in a traffic collision were motor cars/vehicles been involved, most of the time material damage or damage to property such as cars or other amenities, will come along with the impact.
An impact causes damages and compensation for repairs is automatically at stake.
RAMLA do concentrate on material or financial damage compensation claims, to get you be paid from the wrongdoer and/or liable party, in an accident scenario.
Such compensation claim can be one directly targeted against a wrongdoer in person, or dealing with representatives such as Lawyers or Motor Insurance Company claim deciders as a 3rd party claim.
Any claim needs to be funded on evidence and factual arguments supported by proof.
Proofing a claim is often easier said as done, as proof comes - in almost all cases - from the circumstances of the accident and evidence need attention right at the scene of impact.
Given if it is missed to secure evidence at the scene and its been not thoroughly attended to, it is time to do it now and act to secure all facts possible.
It is certainly not impossible to get such evidence, even in time after the accident, but it can be more difficult.
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Free case analyse!
Dear valued reader, checking out the RAMLA car accident compensation platform; obviously you do have some traffic accident damage issues to solve.
Contact RAMLA for a free check and advice about your particular case issue. Just tell us about what happened and problem you face.
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It may happen that potential witnesses left without identification, debris be cleared, faulty traffic lights be repaired, or CCTV footage deleted.
Pictures from the scene, document vehicle positions - damages etc., can only be taken, if and when cars still be in its places, which - once available - will have significant value in proofing facts and help reconstruct the impact or scenario.
As much important evidence is in itself, it is evenly relevant to know how to use it.
The ultimate goal is to be compensated for losses.
Experience is needed to be knowledgably and competently in order to address a claim and achieve a fair compensation pay.
Once a claim formulated, documented and served, still the reaction of other parties needs to be waited for and the content thereof to be analysed.
Results will define actions as what steps will or need to be taken next.
As a claim is formulated and supplied, it is to no certainty that reporting a fair claim, even if it is well documented, must lead the other party agree and accept and certainly pay the damages claimed.
Disputes can arise about the way all unfolded, the question of liability can be seen from different points of view, damage value or Quantum be under dispute and many more aspects of disputes can be raised, too much to get to in this column.
Another weak point can be a lack in knowledge how to handle a compensation claim.
People only looking for some advice only a while or even after a longer period of time, past the actual accident, and visit Web Pages such as this one you browse now - often late, and in the meantime doing all they can to address a compensation action to his/her own knowledge.
Many try to act on what may be at hand and they find and regard themselves to be fit for it.
This may work for a number of cases, as matters are clear and facts at hand are strong in its evidential role and the opponent or defendant do not argue unfair.
However it would be too optimistic to believe it is the normality. It is not, as it is almost the opposite, as many cases end up unsatisfactory.
Results or settlement offers may be incorrect in adjustment of liability, often named as contribution to the accident, by not adhere to all the duties, citing perhaps unreasonable precedents and/or allege and apply apportionment.
That may lead to significant losses, shortfalls or complete denial/repudiation of a claim.
Not any layman may be qualified to see through all of that and know if all what one faces in terms of reaction or settlement offers, will be fair and correct.
We do believe it is worth taking time and effort to check out on any doubt, before accepting any proposal.
Sometimes bodily injuries occur in a vehicle collision inflicting harm and pain to humans.
Even bodily injuries do have in some way a financial component and a victim need to be compensated in order to cope with recovery and subsequent costs etc.
However - we the author of this Web Platform - RAMLA - do not deal with bodily injuries claims.
Many specialised lawyers offer its services to solve matters pertaining a RAF (Road Accident Fund,) - bodily injury compensation claim, but the South African Government recommend a victim to first check and find out if one can claim without any specialist, in order not to spend a large portion of compensation on Lawyers fees.
We are specialised expert's in all respects to motor car accident damage compensation
claiming damages, defending against unreasonable or inflated claims, working in Motor Insurance disputes, in all those subjects over a long period of almost 15 years.
We attended thousands of requests, analysing, supporting and pursue material car accident claims, expertly, effective, economical and affordable.
Such excellent service can be to your service Nationwide, in South Africa.
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Free case analyse!
Dear valued reader, checking out the RAMLA car accident compensation platform; obviously you do have some traffic accident damage issues to solve.
Contact RAMLA for a free check and advice about your particular case issue. Just tell us about what happened and problem you face.
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Road Accident Management & Legal Action (RAMLA) can professionally represent clients, taking care of their interests, which can be the solution you may look for.
You will find a lot more of useful information on the RAMLA web pages.
Check out for keyword links in the left column to select your topic.
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Not each and every car accident compensation claim will handled fair, correct and reasonable.
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Initially important is, to know the definition of what we have to understand, is full and fair motor accident damage compensation.
But even before doing so, we have to clarify that the South African System of motor car accident compensation, is split into the sector of bodily injuries, which deals with compensation actions regarding injuries to the human body and material damages, such as compensation for car destruction or consequential damages.
The RAMLA web pages, you are browsing currently, only focus on material damage compensation and civil claim actions to be financial/material losses paid for full and fair, resulting from traffic accidents.
In terms of compensation, the South African law say:
You should materially be compensated to the state before accident, so that you will be able to repair your car to pre-collision status, or if repair cost will exceed such pre-collision or market value; and the car be called a write off, be compensated to the amount of money the car been worth to time of impact, minus any sellable value or Salvage of the vehicle.
That means either you cannot expect a new car (some exemptions excluded here i.e. if your motor vehicle new, not older than a year since being on the road the first time, or depreciation kick in, if your car is fairly used and the marks of wear and tear, impacting your auto value to a specific time.
But even an older motor car must be repaired to manufacturer's standards to maintain the roadworthy status, as long as it will not be a write off.
Motor car accident damage claims may get into difficulties, once another party do not agree with what is claimed for.
Differences may be to condition of Quantum/Repair costs or of Liability.
Disputes must be addressed and corroborated by factual evidence, such as witness statements or pictures, CCTV footage or any other suitable evidence.
A successful claim should be supported by merits, so the other party do not have much to argue, but compelled to accept the claim demand and pay.
A claim launched with your own motor insurance company (comprehensive claim), will have to look on what you have covered under your policy, before any acceptance can be decided upon.
Depending on the cover taken, it can be the insured did accept some contribution, such as excess and the claim process need to be according to terms & conditions of the insurance contract.
A 3rd party claim, directed to the perpetrator however, must give you full compensation and no clauses, as insurance excess or any limitations in a insurance policy apply. Only the law of delict will be applicable to decide liability.
Any claim for car accident damage compensation can go wrong, be disputed or even declined.
As soon as in the process of a claim pursuit any disturbance or unusual investigation requests are noticed, it will be highly advisable to check critically, if your own knowledge and skill is sufficient to perform a vehicle crash compensation action your own, or if you should consider practical support by professionals.
A claim for compensation against another car driver or vehicle owner is a process and cannot be explained in a sentence.
There is a lot about the way to claim and about dispute issues or problems, that can occur in a particular and always individual case, on our comprehensive WEB info platform.
However, as it is often the case, individual problems need individual answers and/or actions.
You are invited to contact RAMLA for a free initial case analyse and advice, by contact us by email ramla@ramla.co.za tell us what happened and the problems you face or expect, for a free reply and advice.
Should you do not like contacting us now, but need more information, check the keyword list to select your issue and find more on the linked page.
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Free case analyse!
Dear valued reader, checking out the RAMLA car accident compensation platform; obviously you do have some traffic accident damage issues to solve.
Contact RAMLA for a free check and advice about your particular case issue. Just tell us about what happened and problem you face.
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Inflated or unjust claims need proper defence against unreasonable vehicle accident compensation actions
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Defending against inflated claims isn't as challenging as perhaps thought.
Defence against unrealistic, unjustified or inflated claims is a need to do, if alleged to be held liable for car accident damages, which do not fall in your responsibilities.
It is always an inconvenient situation when defensive actions are needed, as to alleged of wrongdoing, which isn't true or fair.
However any person unfairly accused of wrongdoing and causing damages to another in a motor car collision, must enter into defence, not to risk to be sued and end up innocently be judged against one and subsequently face execution, against all of your property.
It should be noted that a claim against a person, is only dangerous, if not defended properly.
Defensive actions mean, deny a claim and its accusation, simple and clear and request proof of facts and merits.
Only if such evidential facts indeed be supplied and its content suest not to allow challenging the accusation, it will be advisable to look for a compromise or settlement agreement.
It must be known, that a person sue another in a Court of Law, must proof that the allegations are true and fair on a balance of probabilities.
Should such a proof cannot be shown, a case is lost and dismissed with costs and the Defendant is released from any liability or compensation payment.
In order to avoid unnecessary risk and hassle, it is highly recommended to utilise professional support to rebut unfair allegations, not to lose out on reasons of lack of knowledge, how to act against such allegations.
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Free case analyse!
Dear valued reader, checking out the RAMLA car accident compensation platform; obviously you do have some traffic accident damage issues to solve.
Contact RAMLA for a free check and advice about your particular case issue. Just tell us about what happened and problem you face.
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RAMLA is a specialised expert in all MVA matters, claims, disputes (3rd party / comprehensive Insurance cover) and defensive actions against unreasonable or inflated claims, professional - affordable. Contact RAMLA for your support to have a damage claim paid or defenced. Contact
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Motor Vehicle Accident
We offer the solution in Car Accident matters, analysing, supporting, demanding, corresponding, negotiating, settlement agreements and further taking matters to a court of law in South Africa, if no amicable solution could be found, in pre-litigation, to best favourable conditions in a professional and decisive routine.
Facing challenges with motor car accident issues in South Africa?
RAMLA will be the solution,
demanding compensation, resolving disputes, defending against inflated or unreasonable claims,
in all sectors of vehicle accident damage compensation problems.
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Motor vehicle accidents happens every day on public roads, often causing damages to property
Utilise the affordable professional solutions RAMLA offers clients in South Africa, to solve such repercussions.
Road Accident Crash - Witness in a Car Accident
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.
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Your specialised legal expert to sort out MVA matters
Professional - competent - swift - decisive and affordable
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RAMLA - Road Accident Management & Legal Action
Solution's solving MVA problems
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Witness testimony, supporting your car accident claim, is a very valuable tool, proofing the merits in your vehicle destruction recovery action - South Africa (RSA)
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Being able and present witness testimony may make the difference in winning or losing a case, but such testimony must be accurate and credible.
Preparing a claim for recovery of damage to property and/or motor vehicles, caused in car accidents, is to provide facts or merits, supporting and proofing a traffic accident compensation claim.
Statements and testimony from witnesses, who have seen the traffic accident or being a passenger of another vehicle, involved in the same traffic collision, will be very helpful, proofing what had happen.
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RAMLA can help clients in all MVA matters to solve problems professionally, claims, disputes (3rd party / comprehensive Insurance cover), review of declines with the Ombudsman (OSTI) and defensive actions against unreasonable or inflated claims, professional - affordable. Contact RAMLA for your support to have a damage claim paid or defenced. Contact
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Witness testimonies should be clear, unbiased and concentrated on facts, observed independently by a bystander, or person involved in the traffic accident.
Having a good witness testimony, the person should give evidence what he/she has seen. The best witnesses are those, seen as independent witnesses. That means not being a driver or passenger, but better someone next to the scene and having seen the matter with own eyes, and therefore be regarded as "independent" eye witness.
Week testimonies can lead to confusion and have high potential not been regarded as credible, very often not accepted as proper evidence, by motor insurance companies, as well as in a court of law.
Especially South African motor insurance companies, dealing with compensation claims, often asking for an "Independent". In doing so, they assume that a witness being part in the car accident, whether as passenger or driver, will be regarded as less trustworthy and deemed biased.
But this interpretation, will certainly be not disqualify any such witness, testifying in a court of law, not being regarded as biased, while just be part in the accident, at whatever position or state.
Your specialised expert to sort out MVA matters
Professional - competent - swift - decisive and affordable
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Role and importance of witness testimony in car accident matters
Headlines and Issues on this page
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Car accident Witness Testimony, a highly important and effective support tool, in a damage recovery compensation claim
The mere fact, a motor accident has happened, in public traffic, ending up with vehicle damage, causing patrimonial losses or financial disadvantages, can easily lead to disputes, where facts colliding and different versions of what has happen, being claimed by parties.
There are two major elements proofing the correct version of what had happen. The first are factual evidence, such as detailed photographs, video footage, marks, destructions etc, and the second credible witness testimony and statements.
As we all know, just caught up in a road accident, produces some stress and it will be helpful, if a motorist will always be aware, that a traffic collision can happen the next moment, while driving on public roads. Once aware of the high risk potential, a motorist should take some time preparing himself, what will be the necessary tasks after a motor car accident.
Always the check for bodily injuries first, and once satisfied that persons harmed being cared for, securing evidence is the task.
In terms of witnesses we are talking here, they must be identified, details secured, both personal and residential and don't forget the contact details, and persuaded testifying, what they have seen or heard, and positive identify themselves for another to contact them.
A witness statement should be in writing, best in the form of an affidavit (sworn statement).
It is however important to look out and check, if any witness may be available. It will be worth time and effort to search for potential witnesses in the surrounding, asking pedestrians or nearby residents, if anyone have seen the impact and what they have seen etc.
In an attempt to find witnesses, you should look around for any CCTV devices, which are more and more common to be installed to monitor. CCTV footage is as good or even better as a witness, as that is factual evidence.
Once a potential witness is found, it must be the task to build some relationship and persuade the person to testify what they have seen. It should be offered taking all in your or your representative hand, file and draft the statement, so that the hassle or negative impact is minimised.
Most people don't like being a witness at all, but the law obliged them to be one, like it or not, in order to support justice.
Therefore a reluctant witness must possibly be forced to testify. In order to have a chance doing so, as many details must be gathered where to find them, who they are etc. As more one have at hand as better the chance.
It should not be underestimated, if factual evidence alone won't be good enough proving the case in full, a witness testimony may make or break it. So give it the importance it is supposed to have.
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RAMLA can help clients in all MVA matters to solve problems professionally, claims, disputes (3rd party / comprehensive Insurance cover), review of declines with the Ombudsman (OSTI) and defensive actions against unreasonable or inflated claims, professional - affordable. Contact RAMLA for your support to have a damage claim paid or defenced. Contact
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Remember, once off the scene of the accident and not got the contact details, etc. it will be a challenge to find them sometimes later in a dire need of support, setting things right.
Proper witness statements are heavy weights, in a disputed motor accident damage claim and the value of witness testimony must not be underestimated.
South African motor insurance companies will ask a 3rd party claimant for witness testimony, they call an independent, if it's insured present a different version, of what actually had unfolded.
Once such witness testimony can be delivered, the chances getting the insurance claim approved, are good. Not being able to provide the other party with the testimony, will most commonly motivate them declining the claim, as taking the version of the insured as the only truth.
The content of witness testimony, must be true, focus on facts and be credible
Credibility and trustworthiness of a witness testimony is the crucial factor. A witness testimony, which does not fulfil that condition, is most often not worth being presented.
Only a reliable, factual and unbiased witness testimony, personally observed the cause of a car accident, so being the source that has personally witnessed what is testified, can be a useful witness statement.
The witness statement should describe exactly what has been observed in person, how it unfolded and what been seen that led to the motor accident collision. As more precise the statement will be, the better the value of proof.
However, it isn't as important that the witness gives an opinion, if the other was wrong or not. It will be much better if the witness just describe what has happened and how it unfolded and not give any own opinion of what may be right or wrong.
The content of a witness testimony should speak for itself and any knowledgeable reader or decider will come to the essence of the testimony. This is especially important when matters need to a court of law, as no court will accept a witness to give an opinion. The court and no one else, will be the judge.
It will not work out positively, if a statement will be made in a hurry, lacking essential details or telling an unsubstantial story. We need reiterating that most potential witnesses just don't want be involved too much in a matter of witnessing the car accident. This may lead to a statement lacking facts or be imprecise and in turn will give the witness even more hassle, if the party must come back for additional questioning and amending of a statement, simply because not taken that little time to think through it and then state.
Offering a witness support, by drawing up or advising of what will be the critical points, will help.
It will further help to minimise the impact for a witness, not to improve or clarify a weak testimony in a later stage, which always will come with a loss of credibility, if advised early, instead of alternating it, once discovered it's not suitable and not reflecting the full truth or circumstances.
Important details, such as the situation of the traffic lights or robots, to the time of impact, or traffic signs, debris or skid marks are of importance and should be testified about.
A witness should not speculate or draw conclusions, as they are regularly not an expert in such matters and done so, it will weaken the testimony. Not even an expert witness is allowed to speculate, but those can draw conclusion on facts they have examined in their professional expertise.
However, a witness may testify about matters of personal behaviour, such as smelling alcohol, seeing a person is not in control of his body, speaking slow or broken, which by others than can be interpreted as indication as a factor of negligence, but they should never conclude, another been drunk, for example to the before.
RAMLA - Road Accident Management & Legal Action, can help and support a South African client to get there. Contact us.
Eye Witness - opinion evidence - hearsay - are of very different importance and value in a claim for car accident damage compensation
Only an eye witness, or an expert witness, can give credible and meaningful testimony or expert testimony, that lead to suitable evidence, in a compensation claim for car accident damages.
Hearsay - ... the passenger told me - is not credible and leads to nowhere and should not be applied as supporting action or testifying. Hearsay means nothing in a legal matter.
Another fact of evidence will be circumstantial evidence, but such cannot be given by a witness. The decider, or the court will utilise circumstantial factors in its decision, if not enough direct evidence is available, but the circumstances can be drawn with certainty, form matters testified about.
Circumstantial evidence will arise out of the evaluation of facts available, and an expert or a judge can make reasonable assumptions or give opinions, helping reveal the full cause of the traffic accident.
This can be achieved, by drawing consequential evidence, from the examined factors, such as time, speed, distances, break or skid marks, debris and others issues, as well as destruction to items, motor vehicles etc., arriving on a founded decision how the motor collision have, or supposed to have been unfolded.
Experts, such as specialised motor vehicle damage assessors, are qualified, trained and equipped to investigate a car accident in dispute and make assumptions out of the findings and testify therefore, in a court of law, and give such oral evidence in support a comprehensive assessment report.
Credible Witness testimony can make just the difference
Pursuing a case to claim for car crash damage compensation, means to prove arguments and convince the parties, such as the defendant, the insurance company or the presiding judge/magistrate in court of law, that your arguments are true and correct and that the witnesses are credible.
Witness testimony, and best eye witness statement, is a powerful support in any matter to give evidence, if the testimony is clear, relying on facts and credible formulated. There is little that can destroy such testimony's credibility, if it's truly correct.
Witness deliberately lying or bending facts, are a serious challenge to discredit or conquest. It must be known, that if a witness must testify in court, he/she will be questioned by both the parties during the hearing. The plaintiff starts with examination of the witness and thereafter the defending party does same in cross examination.
In all regularity, those questioning will reveal if the witness is credible. A nervous witness which isn't precise and don't stick to the previous issues in his answers, be deteriorated when questions by another about the same matter, but formulated different and send from a different angle, will be not credible at the end.
A witness however, just calmly reply to questions and answer with certainty, stick to the issue even if pressured, will be a credible witness.
As a quintessence, any witness testimony should be checked of consistency and competence, before being utilised supporting a matter.
It must be expected that, ie in a claim handled by an Insurer, any witness testimony can be checked of plausibility. If a witness testify he has seen and heard from his veranda or porch, the incident happened and in a local inspection it turned out that the view is obstructed and the distance far too wide to have seen clearly, the witness will not be accepted as credible and a claim probably denied, just because it hasn't been verified before utilising it.
It will be of significance, motivating a witness to support your legal action, suing the liable party for damages.
A witness should recognise the possible importance of the testimony, he/she might be able to give, and not just avoid the most needed support, get out of the way of some hassles, coming with the involvement in an action, sue another for paying the damages caused.
Unfortunately nobody likes it very much, being involved into the affairs of others, especially not to be in a court of law, even only just as a witness, other than the legal profession.
So rather try hard to get the support you need, before a witness testimony will be week and not worth taking forward.
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*
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| RAMLA can be the solution in MVA matters
Do you know that RAMLA is a specialised expert in handling and enforcing or defending all kind of MVA (motor vehicle accident) matters, pursuing motor car accident compensation claims, Insurance dispute resolutions, for its clients - effective - professional - decisive and resolute, to best and affordable fees.
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As you probably have recognised on our comprehensive web information platform, we do know what we are taking about.
We do invite anyone in South Africa, facing an MVA (motor vehicle accident) problem, to contact us for a first - free - analyse of your particular matter and get initial advice how to proceed.
As a specialist in traffic accident recovery actions, we act for clients/members in the relevant manner, but based on a paid mandate or membership, if a need of practical support arises.
We do offer a free first advice, to determinate your case and give you a direction how and what may be the way forward, in order to build confidence with a potential client.
As professional specialists, in charge of acting in motor accident damage claims in South Africa, we offer a well performing, decisive and demanding claim pursuit, at affordable fees.
It's so easy contacting us by email.
The effective way will be sending an email containing the nature, damage and problems detected. Once sent through to us, we will study the matter and after analysing the facts, we get back to you by email (most commonly within about 3 hours), with the result and advice,
- free of charge.
If you like 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.
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Car accident compensation claims for damages, may cause some headache,
in South Africa.
RAMLA can be the solution to sort out MVA problems.
Not everything in a compensation action goes smooth and the way wanted, as we are confronted with numerous possible challenges.
RAMLA 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.
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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.
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The witness' most important task, as part of the solution in car accident disputes, is to testify and support facts and document the true circumstances. He must be regarded as a serious personality, who is trustworthy and should not give weak testimony.
Once a claim for recovery of motor accident damages in South Africa, must be taken to a court of law, for final decision, a potential witness should be prepared and explained, what will probably be expected in court proceedings and by testifying.
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The "Independent" Witness is the most credible one for any South African motor Insurer
Independent witness
The term "independent" witness doesn't exist in legal terms. It is created by the South African Insurance Industry and will imply that a witness to be called "independent", should not form part in that particular vehicle accident, which ever kind, but be someone independently have observed the accident happened, in order earning such credibility, and on the other hand discredit testimonies form drivers or passengers.
Someone involved in a car accident as a party and like dealing with an Insurer to take care of the compensation pay, or pursuit of the matter against another party, deemed to be causal, should look for such an "independent" witness, best just after the accident happened, on the scene.
Such a valuable "independent" witness may reside just next to the place the incident happened, may work somewhere near with a possibility to spot the accident, or may be found within the soon gathering bystanders, once an accident happened.
One more time, it is therefore a good measure to be prepared before hitting the road, what to do when the unexpected happened.
Knowing where to look and be as calm as possible, is a good step forward finding such a witness.
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RAMLA can help clients in all MVA matters to solve problems professionally, claims, disputes (3rd party / comprehensive Insurance cover), review of declines with the Ombudsman (OSTI) and defensive actions against unreasonable or inflated claims, professional - affordable. Contact RAMLA for your support to have a damage claim paid or defenced. Contact
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If you cannot take the opportunity to search for an "independent" witness, right after the accident happened, go to the scene as early as possible or send someone else to do so for you. Take to the place where the impact took place and watch around. All you can see from that spot could possibly have had the chance to have seen what had happened.
So take the challenge and go and visit such places and ask around. It's a bit of a hassle, but if successful, it's a milestone forward to get fair compensation, without too much hassle. It's worth it.
It will be difficult or rather impossible finding a witness, once the scene is cleared, without some intense investigation and invest much effort to find an independent witness.
As a rule, as longer the time passes by, as more difficult it will be.
Given a witness is found, it is to make sure to get such statement, preferable in writing and best as an Affidavit, which will save time and effort for the witness and give a greater importance to the testimony in case be contacted to confirm.
Crucial will be that the content will be credible as laid out in the article above and most importantly the personal, residential and contact details are secured. The witness should be informed that it may be possible that he/she will be contacted by someone in charge to verify the circumstances of the car accident, in order to verify the testimony given.
The witness, given all has been recorded as is, shall give confirmation about the testimony is correct, true and complete.
Passenger in a vehicle as witness is absolutely a must have
Passengers in a vehicle are individual persons, regardless of family relationships, friendship or whatever kind of personal relationship may exist between the passenger/s and the driver/owner of the car.
Any person having seen or heard something in person, can testify about it and cannot, at the beginning be discredited, by just alleging bias or partiality. Unfortunately some South African motor insurance companies tend to do so.
It is advisable to prepare such passenger statement as careful as such for an "independent" witness, shown above.
The problem here, as well as to many other issues, in dealing with an South African motor Insurer will be, that the admin, working with the case on behalf of the Insurer, act on own discretion and in line with instructions coming with the job.
Therefore they may just take a stance and reject a passenger statement as credible, which gives the claimant a hard time. It must be repeated, that no one must buy any argument of another, unless an order of court is made.
Taking advantage of knowing that the position of decline is an easy one and if the other party isn't happy with it, the effort is on them to challenge, which commonly comes with hassle and often legal costs, some just don't want or cannot afford, just now, when they already suffer about the detrimental of loss, ie not having transport to go to work, shopping or care for the family.
We suggest thinking twice, before just giving up a claim because of hassle and cost, if merits are in favour of a win, because investing a small part of the compensation to be claimed and get something better our, is preferable as accepting a total loss.
Expert Witness testify about professional examined issues
An expert witness is not a party or a participant in the particular car accident. The expert witness testimony is a supporting argument for findings documented in an examination report, in court.
The Expert, a person with special and proven expertise, in the field the examination had been taken place - Vehicle Damage Assessment - Reconstruction of Scenarios - Calculation about destruction and the cause therefore - and more fields are subject to expertise. An expert do know much more as an ordinary person, or the judges in court may have, to come to founded circumstances in the particular field of expertise.
The expert, in which order performing at all, have personally examined the matter at stake, according to the order directing and after completing filed a report, lay down the findings and give reasons and explanations, and further may make conclusions.
Any such expert involvement may occur when motor accident cases may not be as clear to be determined as just according to legal aspects.
The expert witness has some credibility and any rebutting needs to be done in some similar manner, with same or better quality coming to either confirm or rebut the other findings. As it is always, there are many ways performing a job, which is the same with an expert's job, as it can be of top quality or just quick and badly performed analyses.
Only an expert is allowed to have opinions in a case, based on findings and correlative evidence enabling an expert to suspect in the opinion brought forward, what might or not happen or developed if the context of the opinion is applied.
It is still up to a judge to accept or reject any opinion given by a qualified expert.
Having said that, it is suggested even to look on expert evidence in a critical manner and don't just buy all such report states, without verifying.
Speculative Testimony not admissable and useless
Speculative testimony or even argumentation is useless as absolutely meaningless.
Not even a perfect qualified Expert may speculate.
Speculations are best in fairy tales.
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RAMLA - Road Accident Management and Legal Action - is one of South Africa's most experienced and decisive advocates to sort out legal disputes with parties, Insurance companies or act in defence for clients, confronted with unreasonable or inflated claims.
Car accident issues that matters most:
We are legal specialist in motor car accident damage recovery matters and offer our services to those suffering damages or in need to defend unreasonable or inflated claims.
Taking on disputes with motor insurance companies, engage and solve unfair declines or incorrect apportionment of damages, oppose a wrong assessed Quantum, or take a matter on review with the Ombudsman (OSTI), to get a matter of comprehensive insurance dispute reviewed.
Sometimes, if a matter cannot be resolved in a full attempt, and the case need to be heard in a court of law, should all fail to find a solution in pre-litigation, the escalation to a court of law is inevitable, we will suppot the action.
RAMLA can get you through the trouble, get reluctant parties moving serving Summons, for just some affordable fees, commonly just equal or lower then towing/storage cost may be.
We are one of the most experienced, decisive advocates, when it comes to car accident problems - issues of compensation or defence against unreasonable or inflated claims, bad repair practice and much more.
We work only on motor car accident matters.
Check us out, so you do know if we can uphold we say, free of charge.
Welcome to RAMLA
Road Accicent Management & Legal Action - South Africa
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RAMLA - is an experienced legal expert in most MVA - Motor Vehicle Accident - issues.
We act professionally and decisive for the - Demand of damage Compensation - Dispute Resolution - Defence against inflated or unreasonable claims, as well as for damage recovery caused by bad workmanship after car repairs.
With more than ten years of professional experience, well educated stuff, knowing the subject of car accident issues and solutions, we have advised many, many inquirers in the first steps to take for a solution,
- free of charge - ,
and over the years, served a high number of clients to solve differences with parties, addressed compensation actions, acted against unfair Motor Insurance declines or short falling settlement offers, pursuit reviews with the Industries Ombudsman and filed law suits and defences.
RAMLA do know very well, that all cases are individual and need particular attention to the details, as only a well structured and factual claim can have chances to success. With us, you can feel save.
If you valued visitor of the RAMLA web information platform, do have any such problems listed above, you may well be good advised to contact us and brief us - best by email - with what had happened and may be your problem.
Our initial reply and advice will be free of any charges or obligations,
but an active pursuit of a claim or defence will come with some smaller fees.
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How going forward once there is a claim or dispute or other challenges?
Well, once someone checks a web site as this one RAMLA presents, there will be some sort of a problem.
Motor Vehicle Accident (MVA) issues are manifold and can be complex.
It may either be that there is no response from the liable party or the Insurer, the other party repudiate, apportioning damage liability leading to a short falling compensation offer, or any other claim decline, such as to violation of Insurance terms and conditions. All need experienced attention.
There are even cases, where a claim is directed to a 3rd party, deemed liable and demanded, but no engagement noticed.
Lot of issues coming up in MVA - car accident matters, may not be handled according to valid law, or wrongly interpreted.
There are many people in South Africa's motor insurance industry, without a legal background and act under instructions, don't care, nor perhaps not having the necessary skills, or just follow a strategy, to get rid of valid claims.
Such should not be accepted and the challenge taken head on, even if it comes with some engagement.
RAMLA as a specialised legal expert can solve such problems, just for a fraction in fees what you may miss out, if you don't have the right support.
In our view, it is not the correct way and get a legitimate claimant's demand, just been brushed away, isn't it?
Just take the time and contact, tell us about the matter and let us take care of it.
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Defence against unreasonable or inflated claims?
RAMLA can help you most effectively to get a claim dropped or eased.
The results defending someone against whatever car accident compensation claim, can be very good, as often the evidence the Claimant do have is not sufficient to proof the claim, which is a pre-requisite for a successful action.
If it isn't as clear what the implications are and what evidence the other party/Insurance do have, chances are very good to stand through and get a claim successfully denied, even if a summons may have be served already.
The party alleges or accuses is forced to proof the claim and not the demanded party.
Many Insurance recovery claims fall short of such reliable evidence and therefore can be repudiated, even if it comes from attorneys or recovery agents.
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However we do handle every substantial MVA claim,
against whatever party, Insurance, reluctant party or company successfully, given the merits of the issue are clear and stand a challenge.
Should the merits not be so favourable in the first place, we do all we can, improving such merits, to get the matter being a strong case.
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Chances of success, if there is a strong case, and any other winning guarantees?
Those are questions we hear frequently, before a new client is prepared to accept some fees.
There cannot be any guarantee of success in legal matters, as the other party may have evidence matching or being better proof. If it comes to an action in a court of law, the presiding officer is the instance of weighting all brought forward in the action and decides.
However if sufficient evidence is at hand, chances are high to predict a win and succeeding with a matter, which ends up in an acceptable settlement/judgement.
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You want to visit a local RAMLA office in your area and have a chat with one of our experts?
We are very sorry telling you, that we have chosen a different way of performing our business.
In order to hold overhead costs low, and not compromise on expertise and service, we have decided to act from one central, but not public office, in the Western Cape.
In order to hold fees low and offer very competitive rates, compared with similar legal services, we decided to concentrate intelligence and contain costs in this manner.
Anyone who likes to visit his/her adviser or attorney, should not choose RAMLA as a favourite, as we cannot or want honour just that.
But we can deliver the way we operate effectively, wherever you are in South Africa and with whom ever we have to deal, effectively, decisive and affordable.
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What about fees, must they be paid upfront or can it be deducted from recoveries?
Let me answer the question in short.
Yes, all fees need to be paid up before we take action.
Why is that so?
Our fees are as competitive low, that we cannot enforce any such fees economically, if someone just take our services and thereafter give us hassles to pay.
Any local attorney will do the same, as asking for a deposit, commonly far higher than our entire fees are, upfront.
In general those deposits are offset against fee notes and further deposits requested in due course.
We dont do that. We deliver services not billed on time issues, but on performance phases, which gives cost certainty and the assurance to be taken care of the full matter.
Contact us to get more detailed information.
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Any doubts about our capabilities or performance as this offer is an anonymous one on the web?
Well I must accept such doubts and can only point out and rely on the many we served before and who may be contactable for reference.
Check out what we display on our comprehensive web pages, which will back up our knowledge and experience without a doubt.
Anyhow we will never accept a mandate before we have had a first free analyse of your particular matter and if you aren't satisfied with our reply, simply don't go on with us, despite it may be detrimental to you.
We value a fair and open informative strategy, keeping a client updated, which will please most of those with an open mind to comunication technologies, such as email etc.
But we can only do what we offer and if you aren't happy with such offer, just get into contact with your local lawyer, or ask us to refer you to someone with specialised knowledge in MVA matters.
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Should you have been through all before . . .
and still think we can be the one to solve your motor vehicle accident compensation problem in South Africa, just get in contact with us.
You're welcome to be served perfectly.
Kind Regards
Your RAMLA team
Nationwide Claim Service
SMS RAMLA to 076 770 3179
and let us know the problem, or much better send an e-mail to:
ramla@ramla.co.za
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RAMLA Expert Partnership
Become a local partner of our Nationwide Network of experts in adjacent industries, such as:
Legal profession
Panel beater or auto body repair workshops
Independent vehicle damage assessors
enhancing mutual business at no cost to either side.
Please follow the link to the industry above to learn more about the offer.
SMS "network" your name and industry, place of business to 076 770 3179
and we call you, or send to
e-mail info@ramla.co.za
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Motor Insurance Disputes
An insurance claim, either as a third party or comprehensive claim can come with a number of challenges.
Having the knowledge and experience, is a prerequisite to stand through against sometimes very strange arguments or decisions utilised by South African Motor Insurance Companies or its Brokers.
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Ombudsman for short term Insurance (OSTI)
The Ombudsman for short term insurance disputes (OSTI) reviews matters that emanates from Insurance policy differences or disputes.
That means only contractual issues can be given for review and no 3rd party claims issues can be addressed to the Ombudsman.
Many people believe in objectivity and sympathies the Ombudsman may have to issues, believed to have been made unfairly by any Insurance decider.
It must however not always be expected that OSTI is in favour of Insurance clients to protect their rights.
Too often the decisions taken by the Ombudsman's office are backing the Insurance decision, particularly so as the evidence provided hasn't rebutted the Insurers argument, due to lack of knowledge.
The often one-sided information provided by the Insurer, even without verification, is taken for the decision, if a client in need for help doesn't know how to repudiate false or weak allegations and the matter will most probably be lost and the Insurer rests relaxed.
The Institution of the OSTI office is financed by the Insurance Industry.
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A reluctant party try to hide and not engage?
Don't allow a party to act in such manner. A liable driver must take responsibility, but it can be a challenge if you have been too patient or trustful of promises and the other do know how to make you struggle.
It must be noted that a claim is easier declined than proven, and factual proof is what is meant the claimant has the onus of proof.
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Companies don't engaging into claims they are vicariously liable for its employees
Companies are in some circumstances responsible and vicariously liable for employee's action and damages, if in charge for the business.
Despite most such companies may maintain a valid insurance cover, not many are open to an amicable solution and reluctant to support a claim.
The problem may just be that those who employ personal which need take part in public traffic in order to do the job get too much involved in car accidents throughout the employee's mistakes and don't like seeing the insurance cover in danger or face higher risk premiums.
There are commonly more difficulties to get matters processed as if claiming against a private person.
Our advice, get support as soon you feel something may not go as expected.
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Alcohol or drugs a driver has abused but driving a car under the influence and causing the accident
Alcohol or Drugs shouldn't be consumed when on the road, for good reasons, and prohibited by law.
Once alcohol or drugs are suspected or proven, any insurance cover will lapse and no compensation can be expected covered by any Insurance.
However, the misuse of drugs and or alcohol must be proven in a professional manner.
It will not be acceptable, if an Insurer or another party just allege the other being intoxicated.
No witness or any observer can detect any or the degree of intoxication, even if they are medics, without scientific analyses, there is no proof.
Breathalyser and professional medical laboratory tests must show if any intoxication and to what degree, to get a claim declined or even to make one against another.
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Market value, trade and retail value, scrap or salvage are all part in a "write off" case
When it comes to more serious car accident damages often repair costs are high. Should repair costs exceed the market or pre-collision value of the motor car, it will be called a "write off".
Unfortunately many of those been written off is caused by a decision of an Insurer.
The manner in which the car values of a highly damaged vehicle being evaluated, is by applying value schemes, often inappropriate schemes or wrong assessment results should be challenged.
A write off can cause many hassles in some regards.
There are some value schemes offering private persons a one time free value check.
Below as an example, TransUnion Car Value
www.carvalue.co.za
Anther source will be www.book-value.co.za as well as www.autotrader.co.za
TransUnion Car Value Scheme
www.carvalue.co.za
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