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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.
Lawyers - Attorneys cost in car accident claims
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Your specialised legal expert to sort out MVA matters
Professional - competent - swift - decisive and affordable
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Road Accident Management & Legal Action
First stop solution for any MVA problem
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If you appoint a local lawyer to pursue your car accident claim, it can be costly!
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What to do, getting legal Representation and costs?
Once a car accident happened, some sort of relieve for damages is at stake. Solving such issue most commonly suggest to appoint a local Lawyer as one option.
Engaging a lawyer always entails costs. If you have not been involved in a car accident in South Africa before, you may not know where to start and what to do next.
A local lawyer will be needed, once a matter must be going to court of law, for a decision in a disputed compensation case, recovering material damages, in terms of liability and/or damages.
Alternatively there are other legal sources, such as RAMLA be capable to provide excellent service and knowledge, as to the fact RAMLA only act in MVA (Motor Vehicle Accident Matters) and due to its unique business model, offers such services often with more particular expertise and to much more affordable fees, as other can do.
Even advanced to serve those, who are more modern and look for value for money and choose representation that works only in the field of Motor Vehicle Accident compensation issues, regardless what matter it will be, having the necessary detailed expertise which gives advantage against those, only occasionally deal with such complex issues.
If one decide's to appoint a lawyer to pursue the motor car damage claim on your behalf, you need to find one who is experienced with car accident claims.
This will ensure that your claim for recovering the equivalent for suffered material motor vehicle damages, caused by a negligent car driver, or perhaps be caused by an unfair Motor Insurance decline or short falling offer to settle, will be solved to your best advantage.
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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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Options to fees or costs for representation mandating a Lawyer in South Africa
When it comes to Lawyer costs, there are several possibilities for a lawyer billing a client. Most commonly a lawyer will bill for time, invested in pursuing and attending a compensation claim.
Hourly rates depend frequently on experiences of the Attorney. A general rule will be, how more experienced a Lawyer will be, the higher the hourly fees. Fees ranging from R 1500.00 to R 3000.00 per work hour, or even more can be charged, and each and every action, such as a phone call, email, conversation, attending matters etc. will be billed for.
Should matters advance in a legal action in a Court of Law to the phase of Litigation, even different and very often high fees will be billed for attending in Court and the time of active Litigation.
All that may end up in a significant figure of fees!
Please note - RAMLA do not chare hourly wages, we bill one smaller fee, for full action phases.
Check out the RAMLA offer
Available options to fees or costs for representation mandating a Lawyer
All option do have in common that each and every act of work will be billed for, from the first contact to taking instructions, to attend and prepare a case, up to all following actions, which includes telephone or email contacts, letters or documents, meetings, just all one may think off.
In many cases heard in a Court of Law and applicable Jurisdiction, another Lawyer may be needed, as Correspondent Attorney
In the event, the appointed Attorney do not have his office within the area of jurisdiction - the Court in charge - for the particular case, all Lawyers do need a correspondent Attorney, to take care for the necessary tasks in Court and perform the messaging function.
Those fees will add on to the client's bill, and evenly can have a less fertile impact in performance, which if all be known before, may make people think twice, to even get on with a claim.
As laid out on several other RAMLA web pages, a compensation claim recovering vehicle accident damages is time consuming, and time and actions, have a direct link to costs, a client will have to pay a lawyer.
RAMLA is different!
We don't bill for times/hours spent, nor do we make a difference in experience as we always apply senior expertise. We do offer capped fees for designated action phases, designed to solve problems, capped on fees, but not limited to our actions, we provide to achieve goals.
Check our offer against those of local Lawyers and make your own decision.
Scrutinise the RAMLA offer
Your specialised expert to sort out MVA matters
Professional - competent - swift - decisive and affordable
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Legal costs, one may face in a claim for car accident damage recovery, in South Africa.
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What are the costs hiring a South African lawyer?
Whenever a client approaches an attorney for legal advice, or for legal services, he or she does so with two issues foremost in their minds: What can be done for me, and how much is it going to cost?
A lawyer must maintain offices, employ stuff, facing running costs and need make a living. Before being able to practice, a lawyer must study for quite a time, do articles before becoming a full performing Lawyer and gain experience over the period of is work life.
Experience will be a determination factor in regard of amounts for hourly fees, but evenly an indicator of engagement or success rate.
Additionally to the below tariffs, definite and laid out in the courts cost scheme, those are evenly factors influencing the scale and amounts of fees billed to clients, wherever the law leave a gap for own decision.
Those factors are the basics for costs a lawyer must charge you, next to the individual time spend or being engaged with a case, during office work, taking instructions in personal meetings, scrutinising the evidence and file claims, conversation with other stakeholders or parties, witnesses etc., telephonically, by email or otherwise, in travelling and attending court hearings.
Every single action will and must be billed for! Even if the single item may appear reasonable, the full account will be - to most - a negative surprise.
As more experienced an attorney will be, performing the legal business, as higher the expectation for remuneration.
This ultimately lead to the matter that effective costs are not predictable and depending on complexity of the case and the factors mentioned above.
What can however been said, lawyers cost are not the cheapest form of legal advice or claim pursuit, especially in a case for vehicle accident damage recovery, or a defence action against unreasonable or inflated claims.
There are certain possibilities, a client can look on, negotiating the cost basis for the mandate, ranging from hourly fees to contingency fee agreements (no win no fee).
But usually fees will be billed on hourly rates.
Hourly rates are dependent on the level of experience and reputation and can vary tremendously, from some hundred Rand to some thousand Rand per hour.
Again RAMLA works different - Scrutinise the RAMLA offer to find our what suits you!
Whenever a client approaches an attorney for legal advice, or for legal services, he or she does so with two issues foremost in their minds: What can be done for me, and how much is it going to cost?
At a first consultation, most of the time is spent discussing the scenario and facts, and the question of the costs arising in respect of the attorneys' services are reduced to something of an afterthought (if they are discussed at all!).
If a new client has made himslef familiar with this information, there will be no dispute as to the question of the extent and liability for their legal costs and the attorney / client relationship will thrive to mutually beneficial prospects.
Deposits must be paid before commencing actions
Most attorneys will require a deposit at the outset of an instruction, and all prospective clients should be prepared to pay one. A deposit indemnifies the attorney against non-payment of their fees by a defaulting client.
After a deposit has been paid, the attorney will certainly feel more comfortable with the attorney / client relationship, and will be more willing to commence with the performance of the mandate. By law, the deposit must be paid into a separate trust account, and the attorney's fees and charges are only deducted as and when the services are rendered. At the conclusion of the mandate, the balance remaining in the trust account is repaid to the client.
It is customary for attorneys to require deposits prior to performing any legal services. They may also request further deposits to "top up" the trust account as the matter progresses. Prospective clients should be made aware of this practice at the outset of the relationship with their attorney, as this will certainly remove the possibility of any tensions arising later on regarding unpaid fees. At any time during the mandate, the client should be able to request a copy of their account.
From such paid deposit all fee notes will be set off against the credit. Once the credit is consumed a new credit needs to be paid, in order to have the action processed further.
In conclusion, always remember that legal costs are just as important to the attorney as they are to the client, and they should be discussed with all of the patience, importance, and care that they deserve
Hourly fees contract - the most common form of Attorneys billing - part of Attorney and Own Client Costs
The most common and easy to understand fee option is the one based on billing for time spend on hourly work consumtion, to hourly rates of money, mutually agreed to, upfront.
Therefore any task performed will be billed on a time interval, such as minutes as minimum, to quarterly/ half or full hour billings. Litigation fees in court can even often be found billed by the day.
Regularly the amount charged per hour depends on experience of the person in charge and the politics for running the office.
As disputed car accident compensation actions are not solved overnight, a good amount of time will be used to prepare, demand, negotiate, file legal documents or litigate etc. which all will fit the bill.
RAMLA is different: Scrutinise the RAMLA offer
Fees to be billed on a scale - Attorney to Client
Attorney and client costs are largely the same as Party and Party costs. They are governed by the same tariff (i.e. the amounts are the same). However, they differ in one material respect, and that is their scope.
Attorney and client costs refer broadly to those fees and disbursements incurred by a litigant in the performance of a mandate. They need not be specifically limited to a matter at hand. As such, they can refer to a wider range of services. Party and Party costs, on the other hand, are limited only to those necessary costs, while Attorney and Client costs are all costs incurred by the litigant.
An example highlighting the difference between the two types of costs would be in letters sent to the client by the Attorney, in which the attorney reports on the progress of the matter to the client.
The letter is not necessary to the suit, and does not take the litigant any closer to success. The resultant fee is therefore not recoverable from the other side in the event of success.
Attorney and Client costs are only recoverable from the other side where there is a Court Order to this effect.
Attorney and Own Client Costs
Attorney and Own Client Costs differ fundamentally from the other types of costs already discussed above. These are the costs for which the client is liable to his attorney, for services rendered or disbursements incurred on his behalf.
These costs are governed by a private agreement or contract entered into between the attorney and his client at the outset of the mandate (sometimes referred to as a "Legal Services Contract").
Such an agreement will govern all aspects of the attorney / client relationship, but undoubtedly the section relating to fees is the most important aspect thereof. All clients are strongly advised to discuss their liability for Attorney and own client fees with the attorney before commencing with the mandate, as they will always be liable for these costs.
If there is no agreement between the attorney and his or her client regarding fees, then the scale set out in the party and party tariff will apply.
The scale of Attorney and Own Client Costs is not governed by any tariff, although the Cape Law Society has been so kind as to publish guidelines as to what should be charged by attorneys. It is important to remember that these are guidelines only. There are numerous factors which are taken into account when determining an appropriate fee to charge for a specific service.
The prudent reader will pick up on the fact that the Attorney and Own Client scale of costs is far greater than the Party and Party scale. How then, does a litigant expect to be indemnified against the necessary costs of prosecuting or defending a claim in support of their legal rights?
The unfortunate answer is that inflation has overtaken the tariff, which is perpetually playing catch-up. The recent increase in tariff went some way towards closing this regrettable gap, but certainly not far enough to allow the public to engage attorneys with impunity.
Fees to be billed on a scale - Party to Party
Almost everyone is aware of the maxim that the "losing side" has to pay the "winning side's" legal costs. Whilst this is certainly the case, the concept often requires some clarification. Translated into more contemporary legal-speak, it can be stated that the successful litigant, in most circumstances, is entitled to recover his legal fees from the unsuccessful litigant.
What exactly constitutes success can, in certain instances, be open to debate. In most instances, success will involve a Court Order in your favour. The Court Order set out who is liable for the costs of the suit. These costs are, in the absence of a further directive from the Court, Party and Party Costs.
Party and Party Costs are those costs which were necessarily incurred in the course of prosecuting or defending a claim. They refer only to the fees and disbursements reasonably incurred by the party's Attorney, and only in respect of the matter at hand.
They are indeed recoverable from the unsuccessful litigant - the logic being that the successful litigant should be indemnified against the necessary expense of having to defend or uphold his or her rights in law.
The amount of these costs, (the scale), is governed by a tariff which is set by the Legislature. There is a separate scale for Magistrates' Court matters and for High Court matters. Recently, the tariffs were amended and increased significantly, which perhaps is good news for those are intending to enter into litigation because it means they will be able to recover a greater amount from their opponent than in the past!
It is also important to note that these costs belong to the client, and not to the Attorney.
Contingency fee contract - no win no fee!
Contingency fees are better known as no win, no pay contract. What does it mean and what may be important to know?
A no win no fee agreement can be a useful tool, for those who do have a strong case as well as proof and evidence to sustain a claim, but to some reasons do not have, or be willing to invest own funds in a recovery action for compensation of car accident damages.
Some Attorneys do take those - regularly strong - cases; meaning the likelihood to win such case is good and expected to be well achieved.
That said, it is obvious that the legal representative takes the case, knowing a win is likely and so the risk of losing and thereby put remuneration fees at risk, are near to nothing.
Fees earned, will be deducted from any money coming in, after a successful claim, before the balance be transferred to the client.
Many of such offers are made in so called RAF cases - Road Accident Fund - matters, where the Fund be sued for compensation and expenses, suffered from bodily injuries.
But contingency fee agreements can be applied to all legal services, if the Attorney offers such and both parties agree to conditions.
Important to know is, such legal representation can be highly expensive, as if a win be achieved not only regular fees will apply, but even extra fees for covering the Attorneys risks, regardless if any, in view to the above.
Such success related extra fees can go up from a few percentage of the claimed value to some 30 or even more percent of the claim and perhaps even the case expenses comes on top. That can mean, very little for the client in need of compensation to cover own losses, but a good or major portion for own Attorneys is to be paid.
In order for an Attorney to evaluate, if a contingency fee agreement will be accepted, some criteria must be fulfilled.
The one is, the Attorney must find the case merits and supporting facts satisfactory for a win. Often credible witness testimony is a pre-requisite and the case value to claim for, should be in some substantial range of money acceptable for the Attorney to later be sufficiently paid, as laid out above.
In our view, this kind of fee agreement will only be suitable for a person; really do not have any other means of financing such legal action. But a test with the Attorney will be of good indication, what the case success rate of the matter may be, as if a general offer to act on contingency will be made, a case must be strong and expectation of win high.
Pro Bono case pursuit - a noble gesture if accepted
Pro bono means professional work for the public good, as to free or reduced work by professionals for the public or even individuals in need.
As on the RAMLA web pages, you are browsing currently, concentrate on road accident damage compensation, in particular material vehicle damages demand and enforcement, it is a more individual matter as a public one.
However, pro bono for many mean, professional work, free of any charge.
Yes, that happens, particularly by Attorneys in recognition to the Industry terms of Code of Conduct. But don't expect that be a frequent offer. It is definitely a rare occurrence and an Attorney may do so, perhaps in one case a year and only on own discretion. No professional can be compelled to take any case pro bono.
Circumstances, if and when a pro bono mandate may be taken, cannot be generalised, as it is anyone's own discretion, to do or not to do, any such free service.
RAMLA do some frequent pro bono work, in offering first free advice for car accident case analyses, to the South African public, but if it comes to pursue active cases, it is rather not the case, as RAMLA as every other legal practitioners will need to cover cost and earn at least an income.
Which costs can be recovered from the liable party?
First of all we have to distinguishes two initial phase of a case. All have to start in pre-litigation, meaning all before actions in a court of law is established, as a claimant need to serve a Letter of Demand, before a Summons can be issued and served, as the first step of a court case.
All tasks in pre-litigation are not properly honoured by law for any or little recovery of costs.
South African law grants options in recovery of costs, spent for legal representation. Unfortunately the tariffs determine the cost award, are significantly lower, than the reality in attorneys billing.
The courts do have cost schemes for actions needed in a court case, varying on the level of the court.
Small claims courts don't have any cost awarding allowances at all, but even no legal representation is allowed.
Magistrate courts do have the lower scale of costs, than can be claimed from the party that fails winning the case, and taxed by the court.
High courts and even the Supreme Court, awards higher costs, but in turn commonly the lawyers will even bill higher rates, as in lower levels in the system.
In general it can be said, that a claimant needs to contribute to the effective spent legal fees, even given the case has been won to 100%, in favour of the claimant, sometimes to an remarkable extend.
Courts cost schemes - one form of Attorneys billing a better part can be recovered
We working here
What is cost taxation in terms of fees being granted a party?
Once a legal battle in a court of law has been decided and judgement is given, the awardable legal costs can be claimed, from the party according to judgement.
That means, in the first place an application is made to make such cost decision. Once such is made, the Mater of the Court will do the Taxation, once received a taxation application.
This will regularly be done by the attorney, in a taxation application, where the lawyer lists all the costs, he consider will be recoverable, according to the courts cost schedule.
The Tax Master of the court, than review the application and approve or decline certain costs, or if the other party opposes the application, the new dispute need attention.
The costs claimed reasonably be awarded, can only be enforced, once a taxation is completed and issued.
But please note: Once again, even if all costs applied for are granted, commonly there will be a shortfall for the client to contribute.
Can it be of advantage in terms of costs and expertise, going the route to claim for car accident damage retrieval with RAMLA, instead with a local attorney?
Well it may well be, but not in all circumstances. RAMLA concentrate on the pre-litigation state of a claim and don't go to court at all, for clients.
The overwhelmingly numbers of MVA disputes are solved in pre-lititation - before matters goes to court at all.
This is where our strenght is!
We can only support a client in litigation or in defensive actions, either in serving summons and attend the ultimate needed reply, or put forward defensive documents, in the so called - pleading stage - of a claim, where arguments are exchanged to the court file - in the writing stage - in preparation of the hearings, but we cannot, or don't want attending local court hearings, due to our business concept, to service the South African Nation in full.
Acting from a central office, but don't maintain local offices stuffed with qualified personal, as otherwise RAMLA won't be able to offer affordable fees supporting clients, differently to local Attorneys, we may not be the right choice, if indeed, all other avenues are already exhausted.
In other words, if your case must go to court - and you do know it must, by having examined it all before by professionals, RAMLA may not be the first choice to go with.
But as soon one of the above isn't ascertained, just contact us free of charge to find out.
According to our business model, we thereafter need the support of a local Attorney or Correspondence.
That applies for both, claiming or defending a matter's.
Depending on the level of courts and the nature of the car accident damage recovery claim, it may well be favourable, checking out what RAMLA has to offer.
We need to emphasise, that legal cost for the suit in a court of law, will even apply, if RAMLA handle the case. There may however bee some benefit for the client, firstly reduce attorney's fees in pre-litigation tremendously, and benefit from consistent working relationships with specialiesd Attorneys, the RAMLA legal service provide a correspondent attorney with cases on a regular basis.
That essentionally means, lowering the client's tasks and time speed up, resulting in lower fees charged and be assured the Attorney reccomended or instructeb by RAMLA, be a benefit passed by to the RAMLA client.
RAMLA works very cost effective, so being able performing most often to lower costs and better effectiveness, than the local attorney, who needs bearing all the expenses mentioned before, getting his legal business running, but reduced to the limitations addressed, but still be the favourite way to go, many of our clients accepted and may be willing to testify about.
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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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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