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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.
Chances and Risk in a legal claim
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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The Law of Delict in South Africa - Chances and Risks in a claim for motor car accident damage compensation.
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Claims for compensation caused by damages in motor vehicle accidents, under South African legislation, are regularly based on the Law of Delict
The law of delict is governing damages or harm, negligently imposed by one to others, with no contractual or personal relationship:
- here in regard to an ordinary car accident, one person not most often not even known before did something wrong and perhaps even unlawful, which lead to harm or damages, the other haven't accepted to happen before, i.e. in a contract or other understandings.
In other words, one cause harm/damage to another, which isn't welcome or wanted by receiver of damage.
Under delictual law, one must initally proof the other had acted negligent, in order to win a compensation case.
Without proof of negligence, there isn't a case to win.
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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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Risk and Chances winning or losing a claim, are directly linked to evidence, proof and facts, which are the cornerstones, for any success, in a claim recovering losses for motor accident damages.
Winning a disputed motor accident compensation claim will not be a magic matter, rather than the result of careful documentation and professional knowledgeable enforcement, which meets and overcome the legal challenges.
There may be cases being as clear in regard of liability, accompanied by facts, that the claimant will easily be successful. As the facts are clear and the question of negligence and culpa can be answered positively and without doubt and therefore most likely not be disputed by another party, a win can be predicted.
Anyhow there are lot of situations in road accident cases, where those questions of liability and the portion or degree of responsibility and the quantum of damages cannot be answered simply.
This will commonly mean, expert knowledge is requested in order building a strong case and legal arguments engaged into, convincing the adversary party accepting a claim.
At this stage it is important to know and accept, that no demanding party can force another party accepting any claim voluntarily, as no Party, Attorney or other Legal Representative nor any Insurance company, can be forced accepting claims against them.
Only a court of law does have such powers, after a case been formulated and heard.
The major phases in a legal claim for car accident compensation in an action in a Court of Law:
Issues such as contributable negligence - or having contributed negligently for the cause of the accident - is an argument, quickly applied by a party or motor insurance company, in order shifting the burden or at least distribute parts of liability to more than one motorist.
Having a positive claim or a strong case, in the attempt of recovery of damages to the vehicle or property, emanating from a traffic collision, the facts or merits must be proven, on a balance of probabilities.
Traffic accidents, on public roads we all know, will hit us very much unprepared and most suddenly. After the initial obligate check, looking if all persons are well and not injured, and if one or more found wounded, helping with any possible first aid and especially calling the ambulance.
This is an elementary duty of all motorists, before you can shift your focus to check on damages to motor vehicles involved in the accident.
Your specialised expert to sort out MVA matters
Professional - competent - swift - decisive and affordable
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Factors in a claim for motor accident compensation:
Headlines and Issues on this page
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Car accident claim in pre-litigation
Being compelled to pursuit a motor car accident damage claim against another party, who caused the traffic accident and recovering damages, in pre-litigation means the tasks and actions that must be taken, preparing and demanding compensation finding a settlement, before a matter must go to a court of law, in South Africa.
The unavoidable tasks in pre-litigation are, gathering data and information how the accident unfolded, which participating car drivers did what, contributing to the impact. The relevant personal and residential as well as contact information etc. are needed and must be verified, including those being potential witnesses. The damages to the property or motor vehicles must be assessed and a report or repair calculation be obtained.
Once such data that forms the basis for evidence, are up to standard, building a strong case, the analysis of liability, negligence and causation must be looked on.
A proper demand must be filed and served to the party sued for paying compensation for the car accident damages. Such demand should reveal all the relevant allegations, proof thereof and list damages. It will be important having proof of service of the demand to the other party.
Once, all that has been done successfully, depending on the reaction of the other party, correspondence and exchange of further arguments and evidence might be at stake. The ultimate goal will be finding an agreeable or acceptable settlement.
All what must be done in pre litigation will be a complex matter and no legal action in a court of law can be launched without the preparation and demand of the claim, before.
RAMLA is a specialist in performing pre litigation tasks for clients seeking compensation for motor vehicle accident damages in South Africa. We offer an all in one service option, for an affordable and capped fee, but not limited to actions and performance. That is what one need to be successful in a motor car accident claim, directed to a motor insurance company or to the perpetrator.
Litigation in a court of law, seeking an independent decision
Given the fact, that all efforts to find a settlement in terms of car accident damage compensation pay, in pre litigation - all before legal action in a court of law - failed and the evidence and claim value allow or compel for legal actions, the steps forward are regulated by the rules of the courts.
The action regularly starts with the service of a summons, after a proper demand. The sued person/company or institution will have the option to accept or deny the claim or otherwise will be in default, once missing out to act in time and manner set out in the summons.
All parties do have some stringent duties and opportunities, from the moment of issuing and service of the action.
Documents may be exchanged and requests made, until a Defence Plea need to be filed and served. The claimant thereafter do have the possibility to get on further with the claim or withdraw it, should the defensive evidence indicates to be appropriate, and it won't be advisable to go on with the action.
Some more detailed action can follow, before a date for a hearing will be set.
The hearing will give the parties the opportunity to support the evidence laid out in the pleading phase, in front of the judge, magistrate or presiding officer, witness can be heard etc., unless the trial comes to be due for judgement.
Depending on the issues on dispute, the matter take its course, as expert witnesses may be called, eyewitnesses be heard etc. Once the final pleas of all the parties are given, the judge will analyse all before him/her, and a judgement be announced after closing of arguments.
Lacking of documentation and evidence, photographs or witnesses, can have a negative impact in a compensation action.
Once the motor accident scene is secured and it has been cared for injured persons, it's the time the cause of the vehicle accident and the material damages, will get into the focus of participants.
If will be important now, while still at the scene of the accident and taking pictures, making notes and collect other evidence needed, in order to answer questions in a pursuit of a compensation claim, very best before clearing the scene and before moving the cars to side etc, documenting the impact in detail and capture damages from all motor vehicles involved, and debris, break marks etc.
Some motorists are too quick in clearing the scene, despite its much understandable to move traffic obstacles away, for safe passage for other vehicles traveling the road.
There will be always a small moment for a photograph - showing the cars in the position after the accident, even if a police officer demand to clean up the scene, not blocking other stream of traffic and restore for free flow of motor cars.
It will be to this time, the moments at the scene of the car accident, when car drivers involved in the crash do have the opportunity and assemble the basic evidence, needed for a legal representative or adviser building a strong case for the recovery of vehicle damages.
Adhering to the advice given, and ensure having a good case documentation, will be the first step minimise your risk in a claim for recovery of damage to property or motor car, brighten the chances for a successful case.
The performance of your legal adviser or representative/attorney
Performance and engagement, careful but swiftly actions, are crucial factors in success of a claim for motor accident damages.
Your legal adviser of choice, should engage and being interested in your individual matter, have some understanding in processing cases of motor vehicle accident matters, i.e. how South African motor insurance companies may act, or the Ombudsman's review procedure works, as well as having specialised knowledge about perhaps fabricated defence arguments or circumventing strategies, applied by some motorists and of course the Insurance admin, not always being fair and correct.
The legal representative should be prepared to find a solution, even before just file and serve a summons, and demand a solution out of court first. By far not all MVA compensation actions need to be brought before a court of law.
A legal claim for car accident damage recovery, taken to a South African court of law, and not handled or dealt with decisively, can take forever. It will always be advisable, doing the best and finding a solution, resolving a claim before a court of law must be approached.
A number of South African lawyers or legal advisers and attorneys, are not specialised in motor law or delictual liability. Next to the knowledge of the legal process, the experience in MVA matters are essentials, in analysing causation or culpa, recklessness, negligence or wrongfulness driving.
However such will be the foundation for good chances winning or getting a case for compensation accepted, by the party deemed being causal and the liable one.
As the author of this specialised and comprehensive MVA web info platform, RAMLA - Road Accident Management & Legal Action - is specialised in motor crash damage recovery. RAMLA exclusively works in the field of delictual liability in motor law and enforcement of damage compensation to property or vehicle distruction, caused in a car accident, in South Africa.
Certainly we defend clients against unreasonable or inflated claims, as professional as claiming damages.
RAMLA do have the decisive attitude, sometimes needed to get forward with reluctant motorist or motor insurance companies, attempting getting away from compensation payment for car accident damages and furthermore, RAMLA offers perfect service for affordable fees, due to operating a dedicated business model, holding overhead costs low, so being able offering such decisive and professional performance for very reasonable low fees.
It must further be understood, that even the best legal advice and support, can only be successful, once your attorney or legal adviser, do have full information of all relevant aspects of your particular traffic accident and complete and correct.
One of the outstanding benefits, that RAMLA offers to its clients/members, managing and win a claim for car accident compensation, is just supporting it the right way and avoid the risk factors and implications, actively pursuing your claim, after improving the full spectrum of claim evidence and proof, before a legal claim is finally formulated and issued.
A local attorney will regularly not support you in such extent, in gathering or refining your proof. He focuses and concentrate, on the legal procedures, to enforce the accident claim in a court of law, as that is the business.
It is one of RAMLA's most important tasks to manage, prepare and demand a settlement in the pre-litigation phase of a claim, to avoid long term and very costly court cases. Just processing a claim correctly in court does not automatically mean that you will win the motor car accident case.
RAMLA car accident claim management approaches a compensation case in a more holistic manner to solve the problems. You will be positively surprised when you compare how RAMLA manage and pursue a damage compensation claim in South Africa, with the way that others will do.
Time barriers in procedures, with insurance companies or in a court of law
Time barriers can come in various forms in a claim, for or against motor accident damage compensations. The parties in a compensation claim are entitled to set time lines for responses or presenting evidence, before they take the next step in the legal process.
Terms & conditions in motor insurance policies, can have contractual time frames and linked duties. As a motor insurance policy is a private contract, according to civil law of South Africa, all the parties are bound to those conditions. Failing to honour the set terms, can lead or entitle the other to withdraw certain or all liabilities, only on reason of violating the conditions agreed upon.
Time barriers in legal procedures in an action in a court of law, and there are plenty, can lead losing out in a claim, just on those technicalities. The results can be devastating and end up with a judgement in default, enabling the party applying for a writ of execution and later a garnishee order and execute against the other party's property or income.
Missed time barriers can even lead a party to have essential arguments barred or excluded from procedures, with the possible effect that the claim goes wrong.
Any person or party involved in a claim for motor accident compensation must be aware of such technicalities or need capable advice or representation.
But no person, Insurer, Attorney or party can thread another with time barriers successfully, as only a court of law, or the regulations and the procedures in contracts, such as insurance policies, being private terms and conditions, can do so effectively.
Bad research or presentaition of content and evidence
It must certainly be clear, that lack in factual evidence will not make a good or strong case.
Matters and circumstances, in a situation of traffic accidents are important, being able presenting evidence and sustain arguments and facts, proving what had happened.
The documentation of the scene of the accident is one of the information, crucial in a case. Certain road conditions, traffic signs or road marks at the scene, should not be ignored, as such can show the regulations a car driving in the particular area, may have violated.
Arguments, like skipping a red robot or a stop street alone can be a problem, if not sustained. That can be done by witness statements, always a good support in an action, but certainly photographs will even give indications of what happened, given taken on the scene before removing the vehicles.
But sometimes even the documentation of vehicle destruction can tell a useful story.
In today's time, more and more traffic intersections are equipped with Surveillance Cameras, which may have captured the particular accident. It will always be good, checking about such facilities, right at the time of the accident, in order to get footage released.
Even the neighbourhood should be scrutinised, if any such cameras may be installed somewhere, possibly within the vector to have captured some evidence.
A recording is a perfect tool and a valuable asset supporting a claim.
Insufficient proof and evidence for the cause of the car accident, needs to be improved.
In the course of the pursuit of a motor car or traffic accident for damage compensation, arguments will be exchanged, either verbally or in written correspondence.
As all correspondence will or can have significance, so it's highly recommended to correspond in writing, or at least confirm a telephonically conversation and the content thereof, in writing to the other person or party, thereafter.
Proof and evidence of circumstances or cause, must come from somewhere, and cannot be just alleged. Documents, statements, sketches or photographs, as well as correspondence will be the basis of proof and evidence.
Being successful in a claim, it will be a prerequisite that the question of causation and negligence can be decided on. The facts and evidence will often be applied in a test, known of that of a "reasonable man".
It means in general, that a reasonable man (car driver) would have taken some essential precaution and measures, preventing a motor collision at all. Only if a motorist can claim, having applied all a reasonable man would have done to prevent a collision, or have been compelled to do by the legislation, and still not reasonable being able avoiding an impact, can claim not been negligent and therefore not liable so subsequent entitled to be compensated for material damages.
Enabling somebody knowledgeable or being a learnt member of the judiciary, especially a learnt judge or magistrate, needs such proof and evidence to come to a decision.
A claim in court, must be proven on a balance of probabilities
Once it comes to deal with a dispute in a South African court of law, the ultimate need for the parties in the claim will be, to show and proof negligence with the evidence provided, which will be successful if the balance of probabilities are in one parties favour.
Balance of probability does mean, the weight of evidence will at least be slightly in favour of one party, as the facts and testimony's will till the scale in favour of one party.
It isn't necessary to proof a claim beyond reasonable doubt, which will be the case in any criminal matter, before a party can be found guilty.
In that way, the proof on the balance of probabilities will be easier to achieve as a conviction in criminal matters, but still need to have the critical weight to till the scale in the direction wanted.
Therefore all is dependent on the quality of facts and proof presented in court.
Reluctant Parties not engage or participate for a car accident damage compensation solution.
Bad cooperation with other parties involved, such as witnesses, driver or even car owners vicariously liable
As it will, or should be the aim of any motorist or party in a process, sorting out car accident damages or destruction to property, as consequential damage emanating from traffic accidents, finding a cooperative and amicable way to solve differences.
In praxis this goes wrong in many cases, due to several possibilities. Reluctant motorist in an attempt to get away from liability and pay for damages, apply different measures of defence, fabricating argumentation or even hiding away, not taking calls or reply to correspondence.
It had been proven, that such behaviour will make it hard or even very hard to get the matter resolved.
Once detecting or suspecting such attempts, it should be taken as a warning sign, that the matter will not be or end up amicable.
However as it is the legal right of anyone, not just to buy in a claim provided with, it will not be very amusing for another suffered damages, negligently caused by another. Compensation is what is wanted and needed.
It must be repeated, that no one, no Attorney at law, no Insurance Company claiming recovery, or any party can compel another to correspond or react as demanded. Only a court of law has the power to do so.
Some people caused damage to another, do know about the challenges and hassle, another might face in instituting legal actions against him/her, looking or hoping escape liability and not pay for car accident damages, as the other may find the hurdles too high and costly to overcome, therefore just give up on compensation
But there are always opportunities and good arguments not to let that happen easily. Check out the RAMLA service offers, professional competent but affordable.
Another important factor requiring a good atmosphere and cooperation will be that of the relationship to potential witnesses.
Positive witnesses will be a major support, in any disputed car accident claim.
Unfortunately the obligations a witness may face testifying, can have some workload or time being contributed.
Affidavits, even prepared properly, must still be singed in front of and stamped by a commissioner of oath. The witness supporting the case must anticipate, that if the matter cannot be resolved in pre-litigation, must testify in a court of law.
Not all South Africans are in favour of attending court cases in person, being questioned or cross examined as a witness.
Maintaining a good relationship with a potential witness and make it easy for them testifying will help. But once it becomes clear that the witness will not be in support of the action, if it will even be necessary they will be needed testifying in a court of law.
Having a positive testimony the witness should not just say, I can't remember anymore. But having a good relationship it may go on well.
Bad or reluctant testimony will lead to incalculable results, and precaution been taken that this should not happen. Remember, only a credible witness will be a suitable one.
Improper checked or formulated agreements in the pursuit of the legal action in a claim
Risk in a claim for material car accident compensation are to be found in agreements, such as settlement contracts, agreement of losses, or other kind of binding actions in or on the way for compensation pay-out.
There are little possibilities predicting what may go wrong or not, as all such documents considered to be signed, will have a different content or background.
The general rule however will be, is the proposed contract to your satisfaction or at least can you accept the content, in terms of compensation, but even on conditions and not regretting singing, just little later.
There are a variety of obstacles that can come across in such a proposed contract. Yes, a settlement agreement between parties will constitute a contract, and must be adhered to, as long no party is in breach.
Once concluding the contract in good faith, only a few take account of the possibility the other will fail to fulfil. If the contract don't provide for what will be the case if a contract is at breach, there is little as to start from scratch, or even being prohibited exercising rightful steps or cementing at least a compensation value, agreed upon even if not honoured by the other.
Once in doubt or rightly just sceptical, contact someone for advice or revising the document, before signing off.
Motor Car Accident, in South Africa?
Want your car accident damages being paid for and receive your material vehicle accident damage compensation for destructions, suffered in a traffic accident on South African roads?
You are welcome to contact RAMLA to receive free advice after a free accident fact check to determine your position.
Contact RAMLA (Road Accident Management & Legal Action), tell us your Motor Vehicle Accident story, the issues of concern, the problems you detect or face and get a free check and advice how to proceed.
We will check and analyse your individual case and revert to you - most of the time in a short circle of time.
For best results contact us by email initially, give us an idea of the incident, attach one or two pictures of the damages or relevant situation, the extend or value of the damages suffered - if already assessed.
In case of an Insurance claim decline, supply us with a copy of the repudiation letter, of give us the reason for the rejection and name the Insurance Company.
Should you like talking to us (phone contact displayed below), best do that after the initial email briefing, but keep in mind even we need some time to check about your matter first.
Your are very welcome to utilise such valuable absolutely free initial advice*
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| RAMLA can be the solution in MVA matters
Do you know that RAMLA is a specialised expert in handling and enforcing or defending all kind of MVA (motor vehicle accident) matters, pursuing motor car accident compensation claims, Insurance dispute resolutions, for its clients - effective - professional - decisive and resolute, to best and affordable fees.
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As you probably have recognised on our comprehensive web information platform, we do know what we are taking about.
We do invite anyone in South Africa, facing an MVA (motor vehicle accident) problem, to contact us for a first - free - analyse of your particular matter and get initial advice how to proceed.
As a specialist in traffic accident recovery actions, we act for clients/members in the relevant manner, but based on a paid mandate or membership, if a need of practical support arises.
We do offer a free first advice, to determinate your case and give you a direction how and what may be the way forward, in order to build confidence with a potential client.
As professional specialists, in charge of acting in motor accident damage claims in South Africa, we offer a well performing, decisive and demanding claim pursuit, at affordable fees.
It's so easy contacting us by email.
The effective way will be sending an email containing the nature, damage and problems detected. Once sent through to us, we will study the matter and after analysing the facts, we get back to you by email (most commonly within about 3 hours), with the result and advice,
- free of charge.
If you like explaining your problem to our claim manager on duty, you are welcome to contact us by phone for an initial briefing on cell 076 770 3179 (standard rates apply).
For best results: dont't just call, once you took notice of the opportunity!
First think what you like to get accross, best file it as email and call once you got our feedback.
For reasons to convince you not just calling immediately, please follow: how to contact RAMLA successfully.
It will be much more effective; if we do get a briefing of the matter via email, before a telephone call, so we will be prepared answering your questions.
* please note that a practical claim pursuit will not be free of charge and comes with a paid mandate, but at reasonable and affordable fees, however take the chance to get initial free advice.
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Car accident compensation claims for damages, may cause some headache,
in South Africa.
RAMLA can be the solution to sort out MVA problems.
Not everything in a compensation action goes smooth and the way wanted, as we are confronted with numerous possible challenges.
RAMLA a specialised legal expert in material car accident damage claims,
filing, demanding, enforcing compensation actions, supporting disputes in dispute resolution actions, with Motor Insurance Companies, or its Agents, work in Ombudsman's (OSTI) review cases,
or defend a motorist against unreasonable or inflated compensation claims.
Contact RAMLA to analyse your case, and get a free opinion where you stand and what to do next. You can contact RAMLA 7/24 and receive a response soon.
It's so easy, just e mail your story and attach what you got to make the RAMLA claim manager understand your problem.
Just draft a brief report of what had happen and send it (use this mail link) to RAMLA for free analyses and you will receive a reply soon.
Contact us now and let us know how we can help you?
email us your story and details to ramla@ramla.co.za for a free first analyse and advice.
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RAMLA offers full legal support to solve a car accident compensation claim, starting with a comprehensive claim preparation and subsequent legal action to enforce fair compensation or defend against inflated or unrealistic recovery actions, all the way up to a court case, if no solution can be found in pre-litigation.
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RAMLA - Road Accident Management and Legal Action - is one of South Africa's most experienced and decisive advocates to sort out legal disputes with parties, Insurance companies or act in defence for clients, confronted with unreasonable or inflated claims.
Car accident issues that matters most:
We are legal specialist in motor car accident damage recovery matters and offer our services to those suffering damages or in need to defend unreasonable or inflated claims.
Taking on disputes with motor insurance companies, engage and solve unfair declines or incorrect apportionment of damages, oppose a wrong assessed Quantum, or take a matter on review with the Ombudsman (OSTI), to get a matter of comprehensive insurance dispute reviewed.
Sometimes, if a matter cannot be resolved in a full attempt, and the case need to be heard in a court of law, should all fail to find a solution in pre-litigation, the escalation to a court of law is inevitable, we will suppot the action.
RAMLA can get you through the trouble, get reluctant parties moving serving Summons, for just some affordable fees, commonly just equal or lower then towing/storage cost may be.
We are one of the most experienced, decisive advocates, when it comes to car accident problems - issues of compensation or defence against unreasonable or inflated claims, bad repair practice and much more.
We work only on motor car accident matters.
Check us out, so you do know if we can uphold we say, free of charge.
Welcome to RAMLA
Road Accicent Management & Legal Action - South Africa
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RAMLA - is an experienced legal expert in most MVA - Motor Vehicle Accident - issues.
We act professionally and decisive for the - Demand of damage Compensation - Dispute Resolution - Defence against inflated or unreasonable claims, as well as for damage recovery caused by bad workmanship after car repairs.
With more than ten years of professional experience, well educated stuff, knowing the subject of car accident issues and solutions, we have advised many, many inquirers in the first steps to take for a solution,
- free of charge - ,
and over the years, served a high number of clients to solve differences with parties, addressed compensation actions, acted against unfair Motor Insurance declines or short falling settlement offers, pursuit reviews with the Industries Ombudsman and filed law suits and defences.
RAMLA do know very well, that all cases are individual and need particular attention to the details, as only a well structured and factual claim can have chances to success. With us, you can feel save.
If you valued visitor of the RAMLA web information platform, do have any such problems listed above, you may well be good advised to contact us and brief us - best by email - with what had happened and may be your problem.
Our initial reply and advice will be free of any charges or obligations,
but an active pursuit of a claim or defence will come with some smaller fees.
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How going forward once there is a claim or dispute or other challenges?
Well, once someone checks a web site as this one RAMLA presents, there will be some sort of a problem.
Motor Vehicle Accident (MVA) issues are manifold and can be complex.
It may either be that there is no response from the liable party or the Insurer, the other party repudiate, apportioning damage liability leading to a short falling compensation offer, or any other claim decline, such as to violation of Insurance terms and conditions. All need experienced attention.
There are even cases, where a claim is directed to a 3rd party, deemed liable and demanded, but no engagement noticed.
Lot of issues coming up in MVA - car accident matters, may not be handled according to valid law, or wrongly interpreted.
There are many people in South Africa's motor insurance industry, without a legal background and act under instructions, don't care, nor perhaps not having the necessary skills, or just follow a strategy, to get rid of valid claims.
Such should not be accepted and the challenge taken head on, even if it comes with some engagement.
RAMLA as a specialised legal expert can solve such problems, just for a fraction in fees what you may miss out, if you don't have the right support.
In our view, it is not the correct way and get a legitimate claimant's demand, just been brushed away, isn't it?
Just take the time and contact, tell us about the matter and let us take care of it.
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Defence against unreasonable or inflated claims?
RAMLA can help you most effectively to get a claim dropped or eased.
The results defending someone against whatever car accident compensation claim, can be very good, as often the evidence the Claimant do have is not sufficient to proof the claim, which is a pre-requisite for a successful action.
If it isn't as clear what the implications are and what evidence the other party/Insurance do have, chances are very good to stand through and get a claim successfully denied, even if a summons may have be served already.
The party alleges or accuses is forced to proof the claim and not the demanded party.
Many Insurance recovery claims fall short of such reliable evidence and therefore can be repudiated, even if it comes from attorneys or recovery agents.
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However we do handle every substantial MVA claim,
against whatever party, Insurance, reluctant party or company successfully, given the merits of the issue are clear and stand a challenge.
Should the merits not be so favourable in the first place, we do all we can, improving such merits, to get the matter being a strong case.
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Chances of success, if there is a strong case, and any other winning guarantees?
Those are questions we hear frequently, before a new client is prepared to accept some fees.
There cannot be any guarantee of success in legal matters, as the other party may have evidence matching or being better proof. If it comes to an action in a court of law, the presiding officer is the instance of weighting all brought forward in the action and decides.
However if sufficient evidence is at hand, chances are high to predict a win and succeeding with a matter, which ends up in an acceptable settlement/judgement.
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You want to visit a local RAMLA office in your area and have a chat with one of our experts?
We are very sorry telling you, that we have chosen a different way of performing our business.
In order to hold overhead costs low, and not compromise on expertise and service, we have decided to act from one central, but not public office, in the Western Cape.
In order to hold fees low and offer very competitive rates, compared with similar legal services, we decided to concentrate intelligence and contain costs in this manner.
Anyone who likes to visit his/her adviser or attorney, should not choose RAMLA as a favourite, as we cannot or want honour just that.
But we can deliver the way we operate effectively, wherever you are in South Africa and with whom ever we have to deal, effectively, decisive and affordable.
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What about fees, must they be paid upfront or can it be deducted from recoveries?
Let me answer the question in short.
Yes, all fees need to be paid up before we take action.
Why is that so?
Our fees are as competitive low, that we cannot enforce any such fees economically, if someone just take our services and thereafter give us hassles to pay.
Any local attorney will do the same, as asking for a deposit, commonly far higher than our entire fees are, upfront.
In general those deposits are offset against fee notes and further deposits requested in due course.
We dont do that. We deliver services not billed on time issues, but on performance phases, which gives cost certainty and the assurance to be taken care of the full matter.
Contact us to get more detailed information.
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Any doubts about our capabilities or performance as this offer is an anonymous one on the web?
Well I must accept such doubts and can only point out and rely on the many we served before and who may be contactable for reference.
Check out what we display on our comprehensive web pages, which will back up our knowledge and experience without a doubt.
Anyhow we will never accept a mandate before we have had a first free analyse of your particular matter and if you aren't satisfied with our reply, simply don't go on with us, despite it may be detrimental to you.
We value a fair and open informative strategy, keeping a client updated, which will please most of those with an open mind to comunication technologies, such as email etc.
But we can only do what we offer and if you aren't happy with such offer, just get into contact with your local lawyer, or ask us to refer you to someone with specialised knowledge in MVA matters.
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Should you have been through all before . . .
and still think we can be the one to solve your motor vehicle accident compensation problem in South Africa, just get in contact with us.
You're welcome to be served perfectly.
Kind Regards
Your RAMLA team
Nationwide Claim Service
SMS RAMLA to 076 770 3179
and let us know the problem, or much better send an e-mail to:
ramla@ramla.co.za
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RAMLA Expert Partnership
Become a local partner of our Nationwide Network of experts in adjacent industries, such as:
Legal profession
Panel beater or auto body repair workshops
Independent vehicle damage assessors
enhancing mutual business at no cost to either side.
Please follow the link to the industry above to learn more about the offer.
SMS "network" your name and industry, place of business to 076 770 3179
and we call you, or send to
e-mail info@ramla.co.za
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Motor Insurance Disputes
An insurance claim, either as a third party or comprehensive claim can come with a number of challenges.
Having the knowledge and experience, is a prerequisite to stand through against sometimes very strange arguments or decisions utilised by South African Motor Insurance Companies or its Brokers.
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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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