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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.
Foreseeability - Negligence, Causation, Culpa in a traffic accident
We do have the expertise and know how to act for you.
Experience exceptional service, testified by clients, even after hours or weekends, giving you a peace of mind your case is taken care off, no matter what.
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Your specialised legal expert to sort out MVA matters
Professional - competent - swift - decisive and affordable
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RAMLA - Road Accident Management & Legal Action
Solution's solving MVA problems
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What does - Negligence, Recklessness, Causation and Culpa means in a motor car accident damage claim?
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Negligence, Recklessness, Causation and Culpability are the criteria's to determine facts in a compensation 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 material vehicle accident damages, on RAMLA web pages, the recovery of damages must start in analysing the background of the road crash, as only that can lead to answer questions of, who was negligent, driven recklessness, and must be blamed for the causation of the traffic 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.
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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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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 or damage 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 a motor vehicle 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 had caused the accident and who will be accused to have been driven negligently. 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, due to compensate damages to others.
The determination who and on which reasons, a driver is either innocent and did not contribute to an impact, or driven negligent or even recklessness, can depend on many issues, circumstances and facts.
Negligence in general can be attributed once traffic safety isn't obeyed, as for example, too 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.
for more information check this link
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 official investigations by SAPS be done and if reasons found, the alleged face trial.
A verdict handed down, in which the person alleged is sentenced, will automatically be good enough to have a good proof to claim financial compensation successful.
Onus of proof rests with the Claimant
The onus of proof is the obligation to sustain a claim and be in charge, rests with the litigant domus, leading the claim action. The Claimant need proofing what is claimed for, in a legal action.
In short, who claims must proof.
Such onus or obligation rests with the applicant or claimant alone and will be a fundamental requirement to win a claim, in a Court of Law or in dispute mitigation out of Court.
In the case of a motor accident damage compensation claim, this obligation of proof relates to the matter of liability/negligence and the Quantum/damage value.
This implies that a full preparation and documentation is available and such do have facts, which can be proven by factual evidence or witness testimony. Without the ability to proof the allegations, made in a claim and the claimed repercussions, no claim can be fully successful.
Your specialised expert to sort out MVA matters
Professional - competent - swift - decisive and affordable
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What does it mean negligently driving a motor car?
Negligence is the most important factor in any motor car accident compensation action in South Africa. Accused being the negligent car driver will mean, one is alleged to have at least violated the rules of the road.
The legal definition of negligence is:
Negligence (culpa) is the failure to exercise the degree of care and skills the reasonable man on the road would have exercised in the circumstances.
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
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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Recklessness or grossly negligent 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 or essential rules and obligation in public traffic.
In order to definite recklessness driving a motor car, the driver must have overstepped regulations and behaviour more than just a little bit.
Recklessness driving a motor car, will be the case, as it will be almost certainly be assumed, that such recklessness driving will have the component that harm, that will or be reasonably expectable cause danger and harm, as a result of such driving.
It is often observed that South African motor Insurance companies utilise "recklessness" driving for a reason to decline a claim. In such an event, the true circumstances are to be looked on carefully to see or determine, if such driving indeed be recklessness.
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.
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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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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.
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.
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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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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.
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.
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Foreseeability of dangerous road or traffic situations - is a key in deciding liability
Foreseeability is the cornerstone to determine negligence.
As a legal definition:
A reasonable driver would have foreseen the reasonable possibility of his conduct, injure another in person or property or causing patrimonial losses.
A reasonable driver would have taken reasonable steps to guard against the occurrence of danger. Anyone had failed to do so will be negligent.
Conduct of driving a motor car in public traffic, needs to include Foreseeability and triggers the need to safeguard against own or other harm/damage, expectedly to come from traffic collisions.
The general nature - not - to foresee harm is negligent, if not done so as a reasonable man would have.
A prudent motorist however can assume another to abide to his/her obligations, in the flow of traffic, unless there are clear signs another may not abide to the duties posed on him.
Foreseeability is one of the most important factors in determine causation and liability. If a matter or circumstances leading to a motor collision cannot be foreseen, than often there will not much of negligence or liability.
Motorists will be negligent if one would or should have foreseen the reasonable possibility of others conduct (driving) which can injure a person or property (motor vehicle) and thereby cause material or bodily damage and one not have taken reasonable steps to guard against such occurrence
To foresee matters developing in public traffic, observation of all movement is crucial. Having a proper look out as addressed often, mean not only having regard to traffic in front of a vehicle, but rather to have the wider scene in observation, before, around and behind the vehicle.
It is compelling even to have regard to pedestrians, cyclist and any other possible traffic, even on the side line of the road. Especially if motor cars come near to intersections, it may well be an assumption and foreseeable that crossings of road lines are dangerous in nature, as vehicles changes direction and not all may abide the rules.
However a prudent motorist can expect other road users to be vigilant as well and abide to the same precautious measures as any other traffic. That means, it must not be foreseeable that a car, stationary at a Robot, will suddenly and unexpected start driving, if the Robot is assumed to be red for them.
But as soon the way another travels can be deemed suspicious, Foreseeability will apply and give the one in the right or having the right of way, the duty to be extra cautious and cannot proceed as if no danger can be assumed.
In order not risking to be alleged to have contributed to a cause of a traffic accident, it is important that it can be proven, that despite Foreseeability there has not be a chance to avoid the impact.
It must be shown that all have been reasonably done, to avoid the impact, by swerving, breaking etc.
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.
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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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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.
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.
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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Contact RAMLA . . . for your free initial case analyse Now
Know more about the free first case analyses before contacting RAMLA?
Submit your accident documentation for initial review by RAMLA claim service, and receive comments and recommendations, absolutely free.
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RAMLA - Road Accident Management and Legal Action - is one of South Africa's most experienced and decisive advocates to sort out legal disputes with parties, Insurance companies or act in defence for clients, confronted with unreasonable or inflated claims.
Car accident issues that matters most:
We are legal specialist in motor car accident damage recovery matters and offer our services to those suffering damages or in need to defend unreasonable or inflated claims.
Taking on disputes with motor insurance companies, engage and solve unfair declines or incorrect apportionment of damages, oppose a wrong assessed Quantum, or take a matter on review with the Ombudsman (OSTI), to get a matter of comprehensive insurance dispute reviewed.
Sometimes, if a matter cannot be resolved in a full attempt, and the case need to be heard in a court of law, should all fail to find a solution in pre-litigation, the escalation to a court of law is inevitable, we will suppot the action.
RAMLA can get you through the trouble, get reluctant parties moving serving Summons, for just some affordable fees, commonly just equal or lower then towing/storage cost may be.
We are one of the most experienced, decisive advocates, when it comes to car accident problems - issues of compensation or defence against unreasonable or inflated claims, bad repair practice and much more.
We work only on motor car accident matters.
Check us out, so you do know if we can uphold we say, free of charge.
Welcome to RAMLA
Road Accicent Management & Legal Action - South Africa
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RAMLA - is an experienced legal expert in most MVA - Motor Vehicle Accident - issues.
We act professionally and decisive for the - Demand of damage Compensation - Dispute Resolution - Defence against inflated or unreasonable claims, as well as for damage recovery caused by bad workmanship after car repairs.
With more than ten years of professional experience, well educated stuff, knowing the subject of car accident issues and solutions, we have advised many, many inquirers in the first steps to take for a solution,
- free of charge - ,
and over the years, served a high number of clients to solve differences with parties, addressed compensation actions, acted against unfair Motor Insurance declines or short falling settlement offers, pursuit reviews with the Industries Ombudsman and filed law suits and defences.
RAMLA do know very well, that all cases are individual and need particular attention to the details, as only a well structured and factual claim can have chances to success. With us, you can feel save.
If you valued visitor of the RAMLA web information platform, do have any such problems listed above, you may well be good advised to contact us and brief us - best by email - with what had happened and may be your problem.
Our initial reply and advice will be free of any charges or obligations,
but an active pursuit of a claim or defence will come with some smaller fees.
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How going forward once there is a claim or dispute or other challenges?
Well, once someone checks a web site as this one RAMLA presents, there will be some sort of a problem.
Motor Vehicle Accident (MVA) issues are manifold and can be complex.
It may either be that there is no response from the liable party or the Insurer, the other party repudiate, apportioning damage liability leading to a short falling compensation offer, or any other claim decline, such as to violation of Insurance terms and conditions. All need experienced attention.
There are even cases, where a claim is directed to a 3rd party, deemed liable and demanded, but no engagement noticed.
Lot of issues coming up in MVA - car accident matters, may not be handled according to valid law, or wrongly interpreted.
There are many people in South Africa's motor insurance industry, without a legal background and act under instructions, don't care, nor perhaps not having the necessary skills, or just follow a strategy, to get rid of valid claims.
Such should not be accepted and the challenge taken head on, even if it comes with some engagement.
RAMLA as a specialised legal expert can solve such problems, just for a fraction in fees what you may miss out, if you don't have the right support.
In our view, it is not the correct way and get a legitimate claimant's demand, just been brushed away, isn't it?
Just take the time and contact, tell us about the matter and let us take care of it.
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Defence against unreasonable or inflated claims?
RAMLA can help you most effectively to get a claim dropped or eased.
The results defending someone against whatever car accident compensation claim, can be very good, as often the evidence the Claimant do have is not sufficient to proof the claim, which is a pre-requisite for a successful action.
If it isn't as clear what the implications are and what evidence the other party/Insurance do have, chances are very good to stand through and get a claim successfully denied, even if a summons may have be served already.
The party alleges or accuses is forced to proof the claim and not the demanded party.
Many Insurance recovery claims fall short of such reliable evidence and therefore can be repudiated, even if it comes from attorneys or recovery agents.
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However we do handle every substantial MVA claim,
against whatever party, Insurance, reluctant party or company successfully, given the merits of the issue are clear and stand a challenge.
Should the merits not be so favourable in the first place, we do all we can, improving such merits, to get the matter being a strong case.
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Chances of success, if there is a strong case, and any other winning guarantees?
Those are questions we hear frequently, before a new client is prepared to accept some fees.
There cannot be any guarantee of success in legal matters, as the other party may have evidence matching or being better proof. If it comes to an action in a court of law, the presiding officer is the instance of weighting all brought forward in the action and decides.
However if sufficient evidence is at hand, chances are high to predict a win and succeeding with a matter, which ends up in an acceptable settlement/judgement.
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You want to visit a local RAMLA office in your area and have a chat with one of our experts?
We are very sorry telling you, that we have chosen a different way of performing our business.
In order to hold overhead costs low, and not compromise on expertise and service, we have decided to act from one central, but not public office, in the Western Cape.
In order to hold fees low and offer very competitive rates, compared with similar legal services, we decided to concentrate intelligence and contain costs in this manner.
Anyone who likes to visit his/her adviser or attorney, should not choose RAMLA as a favourite, as we cannot or want honour just that.
But we can deliver the way we operate effectively, wherever you are in South Africa and with whom ever we have to deal, effectively, decisive and affordable.
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What about fees, must they be paid upfront or can it be deducted from recoveries?
Let me answer the question in short.
Yes, all fees need to be paid up before we take action.
Why is that so?
Our fees are as competitive low, that we cannot enforce any such fees economically, if someone just take our services and thereafter give us hassles to pay.
Any local attorney will do the same, as asking for a deposit, commonly far higher than our entire fees are, upfront.
In general those deposits are offset against fee notes and further deposits requested in due course.
We dont do that. We deliver services not billed on time issues, but on performance phases, which gives cost certainty and the assurance to be taken care of the full matter.
Contact us to get more detailed information.
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Any doubts about our capabilities or performance as this offer is an anonymous one on the web?
Well I must accept such doubts and can only point out and rely on the many we served before and who may be contactable for reference.
Check out what we display on our comprehensive web pages, which will back up our knowledge and experience without a doubt.
Anyhow we will never accept a mandate before we have had a first free analyse of your particular matter and if you aren't satisfied with our reply, simply don't go on with us, despite it may be detrimental to you.
We value a fair and open informative strategy, keeping a client updated, which will please most of those with an open mind to comunication technologies, such as email etc.
But we can only do what we offer and if you aren't happy with such offer, just get into contact with your local lawyer, or ask us to refer you to someone with specialised knowledge in MVA matters.
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Should you have been through all before . . .
and still think we can be the one to solve your motor vehicle accident compensation problem in South Africa, just get in contact with us.
You're welcome to be served perfectly.
Kind Regards
Your RAMLA team
Nationwide Claim Service
SMS RAMLA to 076 770 3179
and let us know the problem, or much better send an e-mail to:
ramla@ramla.co.za
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RAMLA Expert Partnership
Become a local partner of our Nationwide Network of experts in adjacent industries, such as:
Legal profession
Panel beater or auto body repair workshops
Independent vehicle damage assessors
enhancing mutual business at no cost to either side.
Please follow the link to the industry above to learn more about the offer.
SMS "network" your name and industry, place of business to 076 770 3179
and we call you, or send to
e-mail info@ramla.co.za
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Motor Insurance Disputes
An insurance claim, either as a third party or comprehensive claim can come with a number of challenges.
Having the knowledge and experience, is a prerequisite to stand through against sometimes very strange arguments or decisions utilised by South African Motor Insurance Companies or its Brokers.
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Ombudsman for short term Insurance (OSTI)
The Ombudsman for short term insurance disputes (OSTI) reviews matters that emanates from Insurance policy differences or disputes.
That means only contractual issues can be given for review and no 3rd party claims issues can be addressed to the Ombudsman.
Many people believe in objectivity and sympathies the Ombudsman may have to issues, believed to have been made unfairly by any Insurance decider.
It must however not always be expected that OSTI is in favour of Insurance clients to protect their rights.
Too often the decisions taken by the Ombudsman's office are backing the Insurance decision, particularly so as the evidence provided hasn't rebutted the Insurers argument, due to lack of knowledge.
The often one-sided information provided by the Insurer, even without verification, is taken for the decision, if a client in need for help doesn't know how to repudiate false or weak allegations and the matter will most probably be lost and the Insurer rests relaxed.
The Institution of the OSTI office is financed by the Insurance Industry.
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A reluctant party try to hide and not engage?
Don't allow a party to act in such manner. A liable driver must take responsibility, but it can be a challenge if you have been too patient or trustful of promises and the other do know how to make you struggle.
It must be noted that a claim is easier declined than proven, and factual proof is what is meant the claimant has the onus of proof.
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Companies don't engaging into claims they are vicariously liable for its employees
Companies are in some circumstances responsible and vicariously liable for employee's action and damages, if in charge for the business.
Despite most such companies may maintain a valid insurance cover, not many are open to an amicable solution and reluctant to support a claim.
The problem may just be that those who employ personal which need take part in public traffic in order to do the job get too much involved in car accidents throughout the employee's mistakes and don't like seeing the insurance cover in danger or face higher risk premiums.
There are commonly more difficulties to get matters processed as if claiming against a private person.
Our advice, get support as soon you feel something may not go as expected.
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Alcohol or drugs a driver has abused but driving a car under the influence and causing the accident
Alcohol or Drugs shouldn't be consumed when on the road, for good reasons, and prohibited by law.
Once alcohol or drugs are suspected or proven, any insurance cover will lapse and no compensation can be expected covered by any Insurance.
However, the misuse of drugs and or alcohol must be proven in a professional manner.
It will not be acceptable, if an Insurer or another party just allege the other being intoxicated.
No witness or any observer can detect any or the degree of intoxication, even if they are medics, without scientific analyses, there is no proof.
Breathalyser and professional medical laboratory tests must show if any intoxication and to what degree, to get a claim declined or even to make one against another.
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Market value, trade and retail value, scrap or salvage are all part in a "write off" case
When it comes to more serious car accident damages often repair costs are high. Should repair costs exceed the market or pre-collision value of the motor car, it will be called a "write off".
Unfortunately many of those been written off is caused by a decision of an Insurer.
The manner in which the car values of a highly damaged vehicle being evaluated, is by applying value schemes, often inappropriate schemes or wrong assessment results should be challenged.
A write off can cause many hassles in some regards.
There are some value schemes offering private persons a one time free value check.
Below as an example, TransUnion Car Value
www.carvalue.co.za
Anther source will be www.book-value.co.za as well as www.autotrader.co.za
TransUnion Car Value Scheme
www.carvalue.co.za
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