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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.
Motor Vehicle Accident Claim
- Summons - Pleading - Trial
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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Summons, the first serious step in a legal action, must be defended not risking default, in South Africa
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The process to sue another and initiate legal action, based on delictual issues, in a court of law, always starts with a Summons
In a dispute emanating or resulting out of a car accident, positions and facts can be viewed and evaluated differently by the parties.
In all regularity and before a summons is served, some sort of pre-litigation (demand and/or rejection) correspondence or exchange of arguments will have taken place.
Either the one or other party may feel to be entitled to claim and therefore should serve a Letter of Demand (LOD) to the other party, setting out the merits and facts, showing the damages and the repair costs or if destruction is as seriously that the vehicle must be called "written off", which effectively means, not economically worth repairing it, those applicable values, such as pre-collision value or sometimes even called market value must be rectified and any Salvage value be addressed.
Should eventually one party serve a summons, which is the first step in legal actions; a stringent defence must be entered into.
Missing out meeting the requirement, will lead to risk default judgement, which can cause execution against the property of the defendant and limits or prohibits a defendant to protect his/her rights.
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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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Defending a summons isn't be done with, by just filing the defence section and submit such in the form and manner prescribed, as many other actions need to be performed in the pleading stage of a court case.
A number of issues must be addressed, especially the allegations set out in the summons and available evidence put forward to support a defence in the pending legal matter.
Some of that issues are addressed in general below, but cannot be utilised as a particular defence, while lacking individual circumstances, facts and analyses of liability, causation and legislation as well as possible applicable precedents (case law).
Your specialised expert to sort out MVA matters
Professional - competent - swift - decisive and affordable
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Particulars of Claim, must set out what is alleged
Particulars of Claim (POC) are the second and important part of a combined Summons, which must set our reasons and facts the claim is based on.
It put forward - best in particular detail - what is alleged and why, preferred corroborated by factual evidence.
A Defendant must address all such allegations in a Defence Plea and try to rebut those allegations, if even possible.
Notice of intention to defend must be given and served in order to engage and protect against default and secure a defendants rights
The notice of defence is the defendant first step to express, that he is not in agreement with the content of the summons and show his intention to challenge the allegations.
In order protecting the defendants legal rights, the notice of defence needs to be filed as laid out in the applicable section of the summon, or drafted as a legal notice, drawn up by local Attorneys, or if RAMLA will be mandated for a defence action, by RAMLA to be served onto the party and the court of jurisdiction.
The notice of defence doesn't contain any issues of the matter, but simply notifies the other party of the dispute to come. The court only takes notice of the fact and takes such to the file.
The defence notice must be served within 10 days after the service of the summons. Later submissions may even be successful, but caring the risk, the other party files for default judgement before.
After service of the notice of defence the other requirement in pleading stage of a case need to be followed. The way and actions chosen addressing the pleading can have various forms and a layman may not have all the skills, needed to plead successfully.
The compelling next document to be served is the defensive plea, which must be served timely, 20 days after serving the notice of defence.
A defence Plea is expected to address the pleadings and allegations within the summons
A defence Plea is expected to address the pleadings and allegations within the summons
Before a defence plea is filed, it must be checked if any further evidence is needed to file the plea. Should that be the case, this needs to be done in a separate document and served.
Once all is at hand, the defence plea must be filed. The defence plea should address all the allegations made in the summons, but it should not be a bare denial.
Once all is addressed, the defendant may even give his own accord to the matter as further particulars.
A good and well founded pleading document and taken advantage of some legal options, after preparation and formulation, can end a claim, if the other party - the plaintiff, don't carry on with the matter in the procedures prescribed in the Rules of the Courts.
Should the plaintiff go on with the matter, he may reply to the pleading and thereafter can set down the issue for hearing and put it on the court role, for a date to be dealt with the matter in court.
It takes some knowledge to comply with all the legal requirements and rules of the court
As we discussing the process of defence here, we focus on the lower courts in the land, as the High Courts will need legal representation and a legal professional will certainly be familiar with all such and act professionally, at least in terms of the process.
The rules of the court and the legal requirements cannot be explained just in a sentence, as legal professionals need to study such intensively.
What can be said, if anyone likes to present him/herself in court and file all such what may be applicable, must read and understand the magistrates court rules complied in the Magistrates Courts Act - 32 of 1944 and as amended frequently.
Given the knowledge but not practising the law, can give the other party the advantage of knowing and in turn disadvantages to be faced by the defendant protecting him/herself.
This applies especially in the in depth knowledge of the legislation and statues as well as having a better understanding for precedents may be cited or applicable in the suit. A professional will presumably even be more capable to prepare the evidence, as a layman's capacity to do so.
In closing and in regard to the above, it may not be a good idea to get involved in a court case without backing up and knowledge, not risking a case and loose it, which may have been won with just better provision. Such attempt to save on legal representation can be much more costly as taking on the representation to the right time.
RAMLA has effective tools and knowledge to stop, weak, unreasonable or inflated claims to affordable financial conditions
When it comes to motor vehicle accident (MVA) damages and compensation matters, RAMLA - Road Accident Management & Legal Action, a specialised legal expert in those fields, can support and help someone served or supplied with a summons, to organise an effective defence.
The vast majority of those claim, reaching our desks, are initiated by the Insurance Companies of the other party, who has been paid compensation by the own Insurance, as to comprehensive cover.
If the report before the Insurance Admin, suggest a possibility that the paid amount to an insured, but assumed not liable or causative to the accident damages, can be recovered from the other party, they sometimes claim in the name of the other party.
Attorney are instructed to take action, what they do in serving summonses or letters of demand (LOD) to the other party, in order to sue. Commonly those actions come in a batch and only be individualised to a certain extend.
The claiming party needs relying on the evidence before them and if they rely on the insured clients' evidence, they may not have much that can stand a challenge, as insured clients just report matters to the Insurer, hoping of a compensation pay, quick and easy.
It is sometimes so that they get paid the way they which or expect, but by far not all such claims go through unchallenged and satisfactory for the insurance client.
The expectation to be paid by own insurance cover, can leads to a risk, the insured have not been careful enough to gather and provide sufficient evidence and facts, which however are needed to proof a claim that is challenged, in a court of law.
Having intimate knowledge about such possibilities, RAMLA challenge the matter in its own way, which has proven very, very successful in the past.
Up to date of the editing of this article, no claim defended by RAMLA has made it to Litigation or trial stage. All claims haven't been followed further to trial stage and just let go.
If that is what a defendant, the one must argue defence, believes this is what is needed, contact RAMLA for more.
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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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Pleading is just the step of exchange of written documents, setting out the parties arguments to sue and rebuttals thereto.
Matters in a court of law can be difficult and hard to understand, due to the legal language used and the processes applying, the strange environment etc.
However the stage of Pleadings is not as complicated, as all will be in writing and no court appearance will be here, other than servicing documents to the clerk of the court.
All the more difficult influences coming with the litigation in Trial Stage. Trial stage will take place in court and will hear evidence, and questioning witnesses. Persons forming part of the trial, such as ordinary witness or expert witness, must attend the Trial in person.
Pleading however, is the stage where the positions of the matter and the accomplishing evidence are submitted, to the court and to the other party, in other words it is an administrating part of the action, and no physical appearance in court, will take place.
All starts with the service of the summons onto the defendant. Thereafter the notice of defence must be filed and served. About 20 days after serving the notice of intention to defend, the defence Plea needs to be ready to be served. The plaintiff have the choice to comment to the plea in a Replication.
The judge/magistrate or other court actions, except that of the clerk of the court, who is functioning as the connector between the parties and the court, aren't involved until the closing of the Pleadings.
In order closing the pleading stage, the plaintiff as the driving force (dominus litis) must take action and make the necessary arrangement with the clerk of the court, to find a date for hearing and set it down for hearing, getting it placed on the court role.
The plaintiff then needs to inform the other party in writing about the date and time the hearing will take place.
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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Litigation or Trial Stage in an action procedure in a court of law, in South Africa
In the litigation or trial stage in the action procedure (the synonym for a court case that is based on different positions), all the parties and the court are in possession of the pleadings (Summons, defence Plea and other documents).
As it is regular in action proceedings that the positions of the parties differ, the judge/magistrate must be the one evaluating evidence and come to a judgement.
On the way to come to a judgement, witnesses will be heard. After taking the oath or affirmation, the questioning starts with the plaintiff to examine in chief his witness/witnesses.
Thereafter the defendant can cross examine the plaintiff's witnesses, in order to clarify or show problems, discrediting the evidence given, in order to weaken the plaintiff's case and chances.
The plaintiffs representative can re-examine to react on the cross examination.
Thereafter the plaintiffs witnesses have been heard, the witness testimony is closed for the plaintiff.
Now, the defendant can apply to the court for an absolution of the instance, meaning he/she is of the opinion the plaintiff hasn't proofed his case. If the request is granted, the case can end here, and the matter is not pending anymore and status of the matter as if no case had ever happened.
However a claimant can reinitiate the claim later, should he/she be able presenting better evidence.
If the application for absolution from the instance isn't granted, the defendant will present his case in the same manner than before the plaintiff.
Once that has been finalised the case is closed and the Attorneys or parties can argue with the presiding officer. At the end of arguing the presiding officer is bound to rule. That can be ad once or postponed, should the magistrate want to evaluate what ever, before the judgement.
The initial judgement will be given to the facts and merits. Thereafter the matter needs to be addressed again, in order to present and proof the Quantum (damage value of the accident result).
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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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Examination in chief, cross examination and re examination
The main part of the litigation/trial stage in an action proceeding is the examination of witnesses, in order supporting the evidence laid out in the documents exchanged in Pleading.
Examination in chief stand for the first questioning, where the plaintiff or his representative questions his own witness and if more than one, it take place one after one, if the process of questioning the witness is followed.
This process is that after the examination in chief, the defendant or his representative will cross examine the plaintiff's witness. The ultimate goal will be to discredit and to show divergences and lacks in observations, which may collide with other evidence. Therefore cross examination can be aggressive, if the one in charge to question has the training and knowledge to do so, in a fair and objective manner.
After cross examination the plaintiff does have another chance to question the witness, in order to clarify some possible inconsistences.
Thereafter the witness will be released and the next witness may follow.
Once all the plaintiffs witnesses are heard, and the case goes on, the defendant will follow the same procedure with his/her own witnesses.
The role of witnesses and evidence in a legal action in a court of law, in order to win/support a case
The role of a witness in a MVA - Motor vehicle Accident, compensation claim can be one of the most important parts of evidence.
In preparation of a claim, an experienced person will search for a witness or at least a passenger witness being in the vehicle at the impact. A witness statement should be filed and signed, reflecting what the witness has been seen or heard by own observations.
Once it comes a witness needs to be and testify in an action procedure in a court of law, the testimony will be tested and challenged.
A good witness have seen or heard anything happen, just need to be certain and hold on to the truth, continuously.
Witness credibility is a highly important factor and be tested by the judge/magistrate or even called presiding officer. The presiding officer will observe the witness and with his training and experience will find out if the witness constantly and clear maintains a testimony.
Therefore it is important to explain the process and the breakpoints to any witness. As we do know, not many South Africans are keen to testify in court at all. It is well known that proceedings are long and can take a day, until the particular matter is heard, after all other cases before.
Furthermore it is not everybody's first choice to appear in court at all. The prospect of being a witness in court can lead a high potential witness to just withdraw, leaving the victim stranded to proof a claim.
However if some sort of witness statement or involvement can be achieved in pre-litigation, before matters go to court in the phase of demand and/or dispute, a witness not likely to take part in court proceedings can be subpoenaed to attend and testify, if he/she likes it or not.
As to experience it will be better to motivate a witness to attend instead force need to be taken, which can hamper some sympathy.
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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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Expert witnesses in an action procedure in court
An expert witness in a motor vehicle accident claim may be an investigator or vehicle damage assessor or even an accident scene reconstruction expert as well as an experienced repair expert, such as panel beaters or auto body repair workshop managers.
Expert witnesses are utilised in cases where the factual evidence at hand or file isn't sufficient or contradictive. The expert will contribute his findings, support those findings with his examination, addressing the court and can give an expert opinion of matters in question.
Having an expert witness is always a good way to support a case in court. Different as a regular witness, an expert commonly don't have resentments going to court and testify, as such is part of his job/business.
Therefore the expert will charge the one who called him, to pay for the services, contrary the regular witness may just get a very small amount to set of time and costs to attend, one of the reasons the participation of witnesses aren't popular in South Africa.
Close of the Litigation, verdict to the legal issue and ruling in terms of material/financial matters. The Quantum of the claim.
After all witnesses and other evidence given to the court, the parties or Attorneys can address the court with their view and conclusion of the matter.
Thereafter the trial/litigation in will be closed and a judgement given in respect of the success of a claim and on what reasons and to the favour of whom.
As that is achieved the party won the case needs addressing the Quantum of damages. In terms of motor vehicle or car accident damages, this are either repair costs or market or even called pre-collision value, minus salvage.
All those values need to be brought to the courts attention and should always be in a expertly certified manner.
This means that repair costs based on quotations should be accomplished by detailed damage pictures and an affidavit from the person made out the quote, that the quoted repair costs are fair and reasonable, only been caused as to the particular traffic accident and that the vehicle in question doesn't have or if what kind of previous damages.
Motor Car Accident, in South Africa?
You want your car accident damages being paid for and receive your material vehicle accident damage compensation for destructions, suffered in a traffic accident on South African roads?
You are welcome to contact RAMLA to receive free advice after a free accident fact check to determine your position.
Contact RAMLA (Road Accident Management & Legal Action), tell us your Motor Vehicle Accident story, the issues of concern, the problems you detect or face and get a free check and advice how to proceed.
We will check and analyse your individual case and revert to you - most of the time in short circle -.
For best results contact us by email initially, give us an idea of the incident, attach one or two pictues of the damages or relevant situation, the extend or value of the damages suffered - if already assessed -.
In case of an Insurance claim decline, supply us with a copy of the repudidation letter, of give us the reason for the rejection and name the Insurance Company.
Should you like talking to us (phone contact displayed below), do that after the initial email briefing, but keep in mind even we need some time to check about your matter first.
You are welcome to utilise such valuable absolutely free inital advice*
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| RAMLA can be the solution in MVA matters
Do you know that RAMLA is a specialised expert in handling and enforcing or defending all kind of MVA (motor vehicle accident) matters, pursuing motor car accident compensation claims, Insurance dispute resolutions, for its clients - effective - professional - decisive and resolute, to best and affordable fees.
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As you probably have recognised on our comprehensive web information platform, we do know what we are taking about.
We do invite anyone in South Africa, facing an MVA (motor vehicle accident) problem, to contact us for a first - free - analyse of your particular matter and get initial advice how to proceed.
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RAMLA can help clients in all MVA matters to solve problems professionally, claims, disputes (3rd party / comprehensive Insurance cover), review of declines with the Ombudsman (OSTI) and defensive actions against unreasonable or inflated claims, professional - affordable. Contact RAMLA for your support to have a damage claim paid or defenced. Contact
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As a specialist in traffic accident recovery actions, we act for clients/members in the relevant manner, but based on a paid mandate or membership, if a need of practical support arises.
We do offer a free first advice, to determinate your case and give you a direction how and what may be the way forward, in order to build confidence with a potential client.
As professional specialists, in charge of acting in motor accident damage claims in South Africa, we offer a well performing, decisive and demanding claim pursuit, at affordable fees.
It's so easy contacting us by email.
The effective way will be sending an email containing the nature, damage and problems detected. Once sent through to us, we will study the matter and after analysing the facts, we get back to you by email (most commonly within about 3 hours), with the result and advice,
- free of charge.
If you like to explain your problem to our claim manager on duty, you are welcome to contact us by phone for an initial briefing on cell 076 770 3179 (standard rates apply).
For best results: dont't just call, once you took notice of the opportunity!
First think what you like to get accross, best file it as email and call therafter.
For reasons to convince you not just calling immediately, please follow: how to contact RAMLA successfully.
It will be much more effective; if we do get a briefing of the matter via email, before a telephone call, so we will be prepared answering your questions.
* 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.
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Car accident compensation claims for damages, may cause some headache,
in South Africa.
RAMLA can be the solution to sort out MVA problems.
Not everything in a compensation action goes smooth and the way wanted, as we are confronted with numerous possible challenges.
RAMLA is a specialised expert in material car accident damage claims,
demanding, enforcing compensation actions, supporting disputes with Motor Insurance Companies or its agents, work in Ombudsman's review cases, or defend a motorist against unreasonable or inflated compensation claims.
Contact RAMLA to analyse your case, and get a free opinion where you stand and what to do next. You can contact RAMLA 7/24 and receive a response soon.
It's so easy, just e mail your story and attach what you got to make the RAMLA claim manager understand your problem.
Just draft a brief report of what had happen and send it (use this mail link) to RAMLA for free analyses and you will receive a reply soon.
Contact us now and let us know how we can help you?
email us your story and details to ramla@ramla.co.za for a free first analyse and advice.
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RAMLA offers full legal support to solve car accident claim, a comprehensive claim preparation and action to enforce compensation, all the way up to a court case.
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Quantum of a claim, the value of damages to be judged
The last, but outmost important part in a legal action, after the general judgement, is the Quantum of a claim.
The Quantum or more commonly expressed the financial value of damages or repair costs to the vehicle, suffered in the accident at stake, is what needed to be proofed for the Judges satisfaction.
Far too often the correct evaluation and accordingly proof of the Quantum is underestimated or neglected, by legal practitioners, not specialised in motor car accident compensation actions. As the proof of the Quantum only comes late in a trial, it may be taken as not urgent.
What is evenly not taken into account is, a court case is regularly not a short term matter, and consequently lot of time goes by and the Claimant has to take care of what to do with the damaged car.
A more easy way to proof the Quantum will be, if the damaged vehicle is repaired and the detailed repair invoice accomplished with some meaningful pictures of the damages, perhaps even an confirming/supporting Affidavit from the repair workshop attached, will be sufficient to proof the damage and get it accepted.
Given the vehicle is sold without repair or scraped etc the proof of damages is very crucial and need to be attended to in full, before any disposal will take place.
Problems to achieve qualified proof of damages are a daily concern in exchanges with some of our Inquiries. If the vehicle isn't available anymore and no such proof of Quantum is achieved before, problems are enormous to do so in a late stage or perhaps impossible to get.
A RAMLA client will be supported early in any claim action, to attend and secure the proof of Quantum needed.
Execution of an attachment warrant
Once a legal action in a Court of Law is decided and ruled on, the winning party can apply for a writ of execution to the Clerk of the Court.
If the application is ranted after all the necessary documentation etc supplied the writ can be executed against those listed in the writ and to the applicable amounts.
The Sheriff in charge will be needed to get involved and served with the writ. In due course the Sheriff will o out to find the person to be executed against and look for all possessions applicable to attach.
The Sheriff will either be provided with the amount of cash/EFT or will need to attach goods and valuables that can be sold for cash.
Execution aainst debtors possessions
debtors possessions
debtors possessions
RAMLA - Road Accident Management & Legal Action - can be the solution to your claim
Should the reader of this comprehensive page contained in the RAMLA web platform can manage to comply with all or most, chances are good winning the case as a defendant or claimant.
Winning a court case or getting a car accident damage compensation claim approved and paid isn't a magic but needs proof, facts, knowledge to proceed and the will to do so competently.
If there will be any sort of support be needed, it may well be worth the while and effort contacting RAMLA for a free analyse and if satisfactory, mandate RAMLA to process your matter.
Back Page Selection
Back Legal issues Selection
Back Legal Matters Site Map
Contact RAMLA . . . for your free initial case analyse Now
Know more about the free first case analyses before contacting RAMLA?
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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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