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

Welcome to RAMLA



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


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Car accident damage claim enforcement

Rebutting unfair settlement offers

Insurance claim declines or dismissal

Defence against unreasonable or inflated claims

Support pursuit in any MVA matters, in South Africa


Road Accident Management & Legal Action



We are car accident damage compensation recovery specialists

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

RAMLA is a specialised Expert in South Africa's Motor Vehicle Accident damage compensation enforcement, or assistance in defensive actions against unreasonable or inflated claims.



Select from the issues on this page

      Negligence, Recklessness, Causation and Culpa what does it mean in a motor car accident damage claim?

Legal Issues in relation to motor car accidents and defensive actions in Court





RAMLA - car accident damage claim service South Africa
Having a compensation claim against another party, probably insured against claims emanating from car accidents, or against own, comprehensive motor insurance cover, can come with complications. A number of issues can lead to disputes, declines or insufficient settlement offers. RAMLA as an specialised Expert in all MVA matters, can be the solution for any such problems.
      car accident in South Africa






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


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

 




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

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

Car accident issues that matters most:









      facilitating a claim



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

     not insured motorist

     3rd party claim

     reluctant party





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   value of damages



   Calculation of damages

   Quote or assessing

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





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   Insurance claim evaluation, decline, dispute



     


   3rd party claim

   comprehensive claim

      violation of terms (t&c)

      in regard to investigations

   declined claim

   insuficient settelement

   Apportionment

   Precedent / case law

   Defend Recovery Action





     




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

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

RAMLA comprehensive MVA - motor vehicle accident - Information Platform,

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

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





Apply for RAMLA Membership NOW



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

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

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

                  Professional - competent - swift - decisive and affordable






         Issues with South African Motor Insurance companies

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Should a matter be taken to a court of law?

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

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

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

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

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

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




 




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car accident in South Africa























 




Issues of legal interest



  More Issues of high interest

 

Free accident fact check

Elementary Traffic Duties / Rules


  Defending against a legal claim

   Negligence, Causation, Culpa



Risks and Chances
in a compensation claim


Documentation needed
preparing a claim


       Evidence - Facts - Merits

Calculating the Value
of damages

Acknowledgement of Liability
Settlement Agreements

   Quantum of Liability -          Apportionment
Dispute Reselution



Liability of Car Owner
and Vicarious Liability


Employed Car Driver
and Vicarious Liability
Employer and Employee




Expert Witness
in a dispute of facts

Accident Witness and Testimony

Affidavit - Commissioner of Oath

   RAMLA legal in-house service




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



Find a local Lawyer
Become a network lawyer


Other Issues in the Sector of:

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





Free accident fact check



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

face the challenge - Let's Claim













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

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



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


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

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


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


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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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





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

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


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

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


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

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

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

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

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


Solutions to car accidents in South Africa


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

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

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

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

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car accident in South Africa



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

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

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

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

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

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

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

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

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

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



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Motor Vehicle Accident

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


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

RAMLA will be the solution,

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

in all sectors of vehicle accident damage compensation problems.

car accident in South Africa

car accident in South Africa




What does - Negligence, Recklessness, Causation and Culpa means in a motor car accident damage claim?


The pure occurrence of traffic accidents on South African Roads will have reasons, why a car accident happened and what are the causes. Dealing with financial recovery for vehicle accident damages, on RAMLA web pages, the recovery of damages must start in analysing the background of the road crash, as that only can lead to answer questions of who was negligent, driven recklessness, and must be blamed for the causation of the car accident, throughout culpable behaviour.

A motorist found driving negligent or even recklessness, faces a claim for the recovery of traffic accident damage to property or motor car, of another or more parties, involved in the crash.

car accident in South Africa RAMLA can help clients in all MVA matters to solve problems professionally, claims, disputes (3rd party / comprehensive Insurance cover), review of declines with the Ombudsman (OSTI) and defensive actions against unreasonable or inflated claims, professional - affordable.    Contact RAMLA for your support to have a damage claim paid or defenced.      Contact     
South African traffic legislation imposes a huge amount of awareness and obligations on motorists, once driving a car on public roads. If those duties, formulated in traffic regulations are violated, it can lead being found driving negligent or even recklessness and consequently blamed for compensation of harm to others.

Negligent driving of a motor car can easily happen and means that the car driver did not obey all the rules of the road. Motorists driving recklessness are those, deliberately violate the traffic legislation as to an extraordinarily level, and infringe the duties of safe driving.

Driving negligently or recklessness, must not necessarily lead to a motor car accident, but once it happens that such bad or negligent car driver, caused or being involved in an accident, the question who and to what extent will be liable for damage compensation is at stake.

There are many factors to look on what can cause negligence. A motorist can be found negligent, but not being the cause for the particular accident.

The driver caused the accident, will face liability, being the complete or partyly liable motorist.

The determination who and on which reasons, is either innocent and did not contribute, be driven negligent or even recklessness, can depend on many issues.

Negligence in general can be attributed once traffic safety isn't obeyed, as for example, to little safe following distance, driving in not adequate speed (this can be different to the allowances according to conditions of weather, visibility, obstacles and much more), not driving concentrated (phoning / texting while driving, skipping road signs or not obey street marks, robots and more. It's just too much to list in short, as there are as many different scenarios possible.

Recklessness is the advanced form of misbehaviour, racing instead of speeding, not respecting any rights of other motorist, forcing the way through the traffic, driving under the influence of alcohol, drugs etc., performing risky manoeuvres that are foreseeably dangerous. Driving recklessness is a criminal offence and should be investigated by SAPS and the one found been recklessness brought to book.

In a case where the accused recklessness driver even give problems in terms of accepting to pay compensation (or the Insurance Company on his /her behalf), it will be a supporting argument if investigations were done and the alleged face trial. A verdict handed down where the person alleged is sentenced, will automatically be good enough to have a 100% proof to claim compensation successful.

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

                  Professional - competent - swift - decisive and affordable






Below please find, as to your question in your web search for a solution in terms of MVA matters, we provide you with some answers, just click to the linked questions below.

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


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What does it mean - negligently driving a motor car?

Recklessness - vehicle driving, will almost certain lead to 100% liability

What does mean causation - in terms of a traffic accident?

The question of culpa and liability - must be decided upon.

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Headlines and Issues on this page







What does it mean negligently driving a motor car?

Negligence will be a factor of importance in any motor car accident in South Africa. Accused being the negligent car driver will mean, one is thought to have violated the rules of the road.

In cases of traffic accident damage recovery, the allegation of negligence will be always involved as without negligence there will be no compensation.

Contravening the traffic legislation, may occur in any trip on the road, more or less severe and does occur on a daily basis, not only once, but how many hundred times, some thankfully without the negative consequences of a traffic accident.



The main reasons utilised to establish negligence in public traffic onto a party in a car crash can be:
Failing having had "proper look out" and not observing the traffic, in the immediate vicinity while driving on the road.

Driving a motor vehicle at inappropriate or excessive speed under the prevailing circumstances in actual traffic.

Failing having taking reasonable steps, avoiding the collision, not exercised reasonable care

Not being in full control of the vehicle

Driving without the due regard to the rights of others using the road

Failing complying with other or any of the obligations a motorist has to abide, causing the motor accident in the specific incident.

All those allegations must be proven and or rebutted if not accepted. Motorist should be aware that there are many ways interpreting the factors of negligence and some take chances, bending a matter in favour for a party.

But any false or fabricated defence arguments should be identified and circumstances listed and evidence adduced to support divergent analysis or facts, to hold the wrongdoer liable.

A proven negligent motorist will be liable to pay damage compensation

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In terms of a fair evaluation of negligence, the motor accident must be looked onto holistically and the facts put together as good as possible, building a strong case that should not be biased but factual.

If you need defending an unreasonable or inflated traffic accident claim against you, don't just buy any such arguments raised, as those who like claiming do have the onus of proof, meaning the one who claims must show sufficient evidence, so the matter can be decided on a balance of probabilities. The one on whom the overweighting balance falls, will win a case in dispute.

Once you are doubtful the other parties argumentation will reflect the true circumstances, contact RAMLA for a first free analyse of your matter and receive an unbiased first advice, free of charge. As RAMLA is a specialised expert in all MVA matters, we can pursue support or handle any such case for clients, professionally, decisive and affordable.



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               Contact RAMLA . . .   for your free initial case analyse   Now
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RAMLA legal support in car accident claims - South Africa RAMLA legal support in car accident claims - South Africa RAMLA legal support in car accident claims - South Africa


Recklessness vehicle driving, will almost render a motorist liable for any damages in a car accident

Driving a motor car in public traffic very unreasonable and such recklessness driving is predictable or foreseeable causing harm to other road users must be called recklessness driving. Recklessness motorists will have a high potential being a culprit and the cause for a motor car accident and subsequent liable to pay all the damages they are responsible for.

Recklessness driving is characterised by behaviour, no reasonable acting motorist would do so, disregarding all what are the rules and obligation in public traffic.

Some examples as what may be seen as recklessness driving:
Diving on high speeds well above the limits, can be one fact of negligent driving.

Steering a motor vehicle under the influence of alcohol or drugs can be another.

Disregarding traffic signs and other regulations in a light taking manner, driving without any regard for rights of other motorists, is a sign.

Driving a car in dangerous situations and don't refrain from overtaking, despite the imminent danger is clear and an accident almost foreseeable.

Even driving a grossly un-roadworthy vehicle in public traffic can be recklessness.

Experience show that most recklessness drivers don't only behave at the outer side of the regular, but even tend to fabricate other stories and try to get away with bad behaviour, as most of those may have already lost any insurance cover and to the frequency of being involved in a car accident, they sadly got some experience how to chase away an honest car accident victim.

Don't let that happen to you, contact RAMLA for professional support to have your rights protected.

car accident in South Africa RAMLA can help clients in all MVA matters to solve problems professionally, claims, disputes (3rd party / comprehensive Insurance cover), review of declines with the Ombudsman (OSTI) and defensive actions against unreasonable or inflated claims, professional - affordable.    Contact RAMLA for your support to have a damage claim paid or defenced.      Contact     
Furthermore a motorist can be called recklessness, when forcing the way through tense traffic, not regarding others car drivers rights, changing lanes overtake unreasonable etc. just for some personal gains.

Recklessness driving will have foreseeable potential causing harm to others, which can have a component deliberately violating the rules of the road.


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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. *

 
car accident in South Africa

RAMLA can be the solution in MVA matters

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

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

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

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

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

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


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

       motor car accident damage claim is complex             

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


It's so easy contacting us by email.

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

- free of charge.

If you like 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.


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?


car accident in South Africa

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

RAMLA offers full legal support to solve car accident claim, a comprehensive claim preparation and action to enforce compensation, all the way up to a court case.





What does mean causation in terms of a traffic accident?

Unfortunately motor car accidents will take place on a day to day basis, unless public traffic will be fully automatized and the intelligent machine takes over from a car driver. But that will take time, if ever happen and if so, to what extent.

In short, causation is nothing else as liability because a motorist caused the accident throughout (regularly) negligence. We emphasised above the wide variety of the definition of negligence.

Before a traffic scenario ends up in a vehicle accident, most commonly mistakes need to be made by one or more motorists. Regularly not only one fault will cause a motor car accident. This implies that there will be two or even more factors to look on, once we talk about causation.

Causation is the real reason/s or circumstances for a traffic accident at all.

Motorist being causal for car accidents, must not be necessarily negligent or recklessness, being the culprit.


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Here again we deal with a wide variety of reason, actions or omissions, being causal for motor accidents. Not obeying the rules of the road, missing out the elementary duties imposed on a car driver, speed and the range of vision, dangerous driving manoeuvres, not respecting the road traffic signs, markings or signals, or not anticipating the danger of situations and not taking evasive measurers.

Causal for the motor accident can even be, not having control of the motor vehicle and despite another car driver may have made a mistake and being negligent in that regard, may not be the cause of the impact. Motorists driven negligent or created a dangerous situation, but not bumped into another motor vehicle, will probably not be the cause, if the other would have had control over the vehicle and could have avoid the impact.

A car driver can only claim not being the cause of an impact, being the one to bump another, if this motorist applied all of the duties, but have not have had any chance of avoiding the car crash after all.

Negligence or recklessness in driving a motor car, both are elements of the delictual liability in motor law, and will lead to causation. Causation can be fully or partly, 100% or any apportioned percentage of causation, which will lead to the same percentage of liability with the obligation to compensate others on such rate.



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?




RAMLA legal support in car accident claims - South Africa RAMLA legal support in car accident claims - South Africa RAMLA legal support in car accident claims - South Africa



When and how the question of culpa and liability must be decided?

Culpa and liability are in direct relationship. If the causation of the impact is clear and it can be decided to 100% (as, i.e. rear end impacts are) the culprit or the person who did a wrongful driving manoeuvre or lost control over the vehicle and crashed, will be liable for all the damages triggered in the particular car accident.

Should the liability need to be split between parties, the matter needs investigation and according the facts and the traffic legislation the portion of liability, determined for each party involved, if so will be the basis for compensation.

The percentage will thereafter be the quota for compensation or payment.

car accident in South Africa RAMLA can help clients in all MVA matters to solve problems professionally, claims, disputes (3rd party / comprehensive Insurance cover), review of declines with the Ombudsman (OSTI) and defensive actions against unreasonable or inflated claims, professional - affordable.    Contact RAMLA for your support to have a damage claim paid or defenced.      Contact     
The focus will be on the decision or decision maker. Who will be the one taking appropriate decisions and determine liability and culpa?

It must be noted that not all making those decisions are either qualified as a judge in a court of law is, nor always unbiased. Wrong decisions are on the daily agenda, commonly made by Insurance admins, brokers, or other insurance representatives.

Obviously wrong decisions, either in the evaluation of culpa or apportioning, should not just be accepted, as it can lead to enormous shortfall in compensation. Contact RAMLA if you do experience such unfair claim evaluations for support.

The determination and decision is the central point in a case for motor car accident compensation.

Given the parties are in disagreement with each other, about culpa and liability and both parties cannot find common ground, there will be only one way, a court of law.

None of the parties in disagreement with each other can compel another, accepting his side of the argumentation, nor can an Insurance admin, an Attorney or any other institution involved, exept if matters are in dispute with the own Insurer, the Ombudsman does have some binding power for the Insurer.

Only a judge or magistrate, in a suit of law, is entitled to make such decision, after carefully examine the matter and hear what the parties have to say and, what evidence will be to his hands.

We all know, that the way going to a court of law, will not be easy and quick and some efforts should be taken, finding a settlement before the last resort, the court of law must eventually decide.

Contact RAMLA for support. We specialise in solution to motor car accident damage recovery and do only that. It's never too late to get in touch with us.

Contact us Now.





RAMLA - Road Accident Management & Legal Action



car accident in South Africa

Get a unbiased and intially free reply to your inquiry where you are and what is the way forward - free of charge - just to enhance confidence trusting RAMLA expertise, before you mandate us.

if you want be paid compensation for yor car accident damages or in a need to defend you against unreasonalbe or inflated claims,

Contact us NOW

RAMLA is a specialist in motor accident damage recovery claims. Our team can help you through the process and minimise trouble affecting you in a claim.


Should liability not be found 100% for one party to pay, it may be possible to have the damage claim "Apportioned", meaning both the parties are deemed to have contributed to the accident by negligence to some degree, or the party in a lesser degree of liability, not to have contributed enough avoiding an accident.

The most people in charge deciding about accident liabilities are motor insurance admins or private persons, companies or legal representatives. The courts in South Africa are only involved in a lesser degree and numbers, hearing cases for review or decision in a court of law.

This means that the foremost "decider" in terms of determination of car accident liabilities, claim acceptance or declines, are not learned or holding a Law degree (LLB), but act in a day to day basis, in their field of decision making.

Thereby very often decisions made to conditions and instructions of those indemnify other wrongdoers for payments, (Insurance Companies) resulting from MVA liabilities, and far too often decline claims or even 3rd party claims bases on technical issues as violations of terms or on one party declaration, even untrue and not verified information.

RAMLA legal support in car accident claims - South Africa RAMLA legal support in car accident claims - South Africa RAMLA legal support in car accident claims - South Africa


We strongly suggest to look into those decsions in detail and get into dispute or even review.

Should one not be satisfied with a determination of the causation and liability in car accident damage compensation matter.

RAMLA (Road Accident Management & Legal Action) is a specialised legal expert in MVA - Motor Vehicle Accident issues and offers competent and experiences services to solve any disputes, or defend against unreasonable or inflated claims.





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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 of 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 in unfair declines or apportionment of damages, take matter on review to the Ombudsman, or even get matters to be judged in a court of law, should all fail to find a solution before the escalation to a court of law is inevitable.

RAMLA can get you through the trouble, 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 those motor car accident matters.

Check us out, so you do know if we can uphold we say, free of charge.




Welcome to RAMLA








 

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.

It may either be that there is no response from the liable party's Insurer or a repudiation, apportioning or any other decline, such as to violation of terms and conditions.

Lot of those issues may not be according to valid law, and just a reaction of someone in charge don't care, not having the necessary skills or just follow a strategy to get rid of valid claims, should not be accepted.

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. It should not be the correct way and get a claimant just been brushed away, isn't it?

Just take the time and contact, tell us about the matter and let us take care of it.





 

Defence against unreasonable or inflated claims?

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

The results defending someone against whatever claim, if it isn't as clear what the implications are and what evidence the other party/Insurance do have, are very good to stand through, even if a summons may be served.

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

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









 

However we do handle every substantial MVA claim,

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

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









 

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

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

But telling the truth, chances of success are entirely based on facts and evidence in every particular case and there cannot be any guarantee being better as proof and evidence.









 

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, 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 other 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 honour just that.

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









 

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

Let me answer the question in short.

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

Why is that so?

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

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

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

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

Contact us to get more detailed information.









 

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

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

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

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

We value a fair and open informative strategy that will please most of those with an open mind to new technologies 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.









 

Should you have been through all the 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













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

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

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












RAMLA Expert Partnership


Become a local partner of our Nationwide Network of experts in adjacent industries, such as:

Legal profession

Panel beater or auto
     body repair workshops


Independent vehicle
     damage assessors


enhancing mutual business at no cost to either side.

Please follow the link to the industry above to learn more about the offer.




SMS "network" your name and industry, place of business to 076 770 3179
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Towing industry . . .
     partner with RAMLA?


When towing any vehicle to safety, after a traffic accident, it will be the ideal time/opportunity to promote RAMLA highly experienced and economical outstanding claim service, to enable the party suffered damages to claim or defend for material motor car accident compensation, and take part in the RAMLA rewards program.

 

Towing and or storage of a damaged car on a yard can come with bad surprise

Can a party in need of towing trust all companies, if matters coming towing the car to be stored in a yard with costs?

There is a good portion of suspicious thinking necessary.

A serious warning is therefore adequate.

Don't trust any promises of a hassle free pursuit. Make sure you do know about costs and risks.

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Copyright: No copy in whichever way is permitted, without written confirmation by the author. No use of information is permitted for commercial purposes. The copyright includes reproduction and adaptation of any content and is expressively reserved to the publisher RAMLA - Road Accident Management & Legal Action under section 12 (7) of the copyright act of 1978 - South Africa     All rights reserved.


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