|
Motor car road traffic accident damage recovery, is what our subject is all about.
|
Below please find some issues and occurrences of common interest, listed and linked.
Car accident issues that matters most:
|
|
|
|
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.
|
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.
|
|
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.
|
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.
|
|
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.
|
Not each and every car accident compensation claim will handled fair, correct and reasonable.
|
|
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.
|
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.
|
|
|
Inflated or unjust claims need proper defence against unreasonable vehicle accident compensation actions
|
|
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.
|
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.
|
|
|
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
|
|
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.
|
|
|
|
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.
Calculation of Damages - Evidence - Facts - Merits
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.
|
|
|
Your specialised legal expert to sort out MVA matters
Professional - competent - swift - decisive and affordable
|
|
RAMLA - Road Accident Management & Legal Action
Solution's solving MVA problems
|
Evidence, Facts and Merits are the key issues in a motor accident compensation claim, possibly combined with case precedents
|
|
|
Every particular case of MVA compensation must be proven by facts, arguments must be truthful and correct, for the purpose getting a claim approved and paid for fair and sufficient for repairs to be done.
Once motor vehicle damages have been caused in a car accident and compensation for losses will be looked for, the case must be analysed and formulated.
Analysing such claim for the recovery of matrial or financial losses emanating from motor vehicle damages, certainly will be the first step in the process determining liability or negligent vehicle driving. The professional person in charge, looking into and analysing a road accident, must be provided with the facts of what actually had happened.
|
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
|
|
Evaluating the facts against South African traffic legislation, will determine the question of negligence. Under South African law, a motorist must be charged being negligent in the course of driving the motor car, before any compensation or degree of compensation can be claimed successfully.
Negligence bears a wide range of factors and circumstances and it is not always easy deciding about this critical question that will have impacts on liability and therefore obligation compensating car accident damages.
Facts demonstrating what effectively had happen in the course of the car accident and other factors, such as traffic signs, robots, road marks as well a weather conditions, will help analysing the case in an unbiased manner, drawing an obvious and objective picture, allowing a knowledgeable and specialised expert in traffic accident matters for determination of negligence.
Your specialised expert to sort out MVA matters
Professional - competent - swift - decisive and affordable
|
|
|
Facts, data and circumstances needed for determination of negligence or liability for the cause of the car accident.
|
|
The facts of a motor accident, are always individual and needs analyses, best to be done by traffic accident experts.
The occurrence of a traffic accident needs some wrongdoing by motorists, violating some or essential obligation while driving a motor car in public traffic, not been concentrating adequate on the stream of traffic, so that the result has been, not controlling the motor vehicle entirely and eventually leading to the car accident.
If all motorists on South African Road would be able to obey and abide to all obligations imposed on a car driver, no traffic accident will happen at all.
As wrongdoing or driving a motor car negligent, will play the important role in determining liability in any traffic accident, the facts and circumstances are substantial and analysing a case carefully, is a must, before any determination of liability or degree of responsibility can be drawn.
Facts can be as simple as not being concentrated on the flow of traffic, just looking what kids in the car are doing, or much more seriously as recklessness driving.
But in between just not concentrate and driving recklessness, are a variety of facts that can be contributable or causal for the impact at all.
Not obeying the rules of the road may have factors as speeding, bad visibility or weather conditions, not having control of the motor vehicle, or skipping traffic lights or robots as well as stop signs, or just the simple fact not being concentrated and missing out having a "proper look" out.
As every motor car accident will be individual and not exactly match any other, sometimes cited as precedent, each and any case must be looked on separately and the specific facts will lead to conclusions, only.
Circumstances surrounding the car accident are important
Traffic pattern, road conditions and driving habits of motorists or pedestrians as well as other obstacles, or circumstances leading to a traffic accident will be very influential in determination of liabiliy.
Influential or of impact, leading to a car accident, can be something not being directly part of the flow of road traffic, such as obstructed views, visibility, constructing sites, play of children, drunken cyclists or pedestrians, privileged vehicles overstepping the reasonability of its allowances and so forth.
Those indirect circumstances will be part in the cause of an accident and the challenge will be, if the motorist has been able reasonably foresee the danger, which could result from those factors and did all to avoid danger or impact.
Foreseeability is a major issue in all car accident analyses and put a huge burden onto motorists driving a car in public traffic.
A car driver must proof that he/she had foreseen such danger and did all in his/her power avoiding any collision, but even by doing the best not being able to escape an impact.
In order to proof to have had the full scene under observation and assumptions made been fair and adequate, so that improper behaviour of other road users may not have to be anticipated, all should be fairly documented.
It is to be shown, that indeed all reasonable been done to avoid an impact, not to get into problems, such as having contributed to the car accident.
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*
|
| 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.
|
|
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.
|
|
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.
|
|
|
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.
|
|
Negligence - Causation - Culpa
Negligence - Causation - Culpa, are the key issues in a claim for car accident damage compensation and in identifying the degree of liability and obligation paying for damages.
The Cornerstone of determine negligence is Foreseeability, applicable if a prudent car driver reasonable could foresee danger, harm or collision, in traffic situation before or around him/her.
Motorists will be negligent if:
would or should have foreseen the reasonable possibility of his conduct (driving) can injure another's person or property (motor vehicle) and thereby cause material or bodily damage and would not have taken reasonable steps to guard against such occurrence
Negligence - A motorist will not be per se already be negligent, once the rules of the road are violated, but a factor taken into account in determine negligence.
Negligence will be predominantly determined by applying the test of "a reasonable man", meaning in short, the manner a prudent and observing driving person would have acted under the circumstances.
Negligence will be alleged in any demand for compensation or legal actions in a court of law, regarding traffic accident issues.
Another allegeing a person being driving the vehicle negligent must, as it is always for the once claiming or alledging, having the onus to proof, and negligence must be shown, backing such accusations of negligent car driving.
In determination of negligence, one must look onto all the circumstances and influences, that will prove the allegations which must be causually related to the harm.
The test will be, looking onto the matter with the view or a reasonable man and objectively applied to find out, if a reasonable man would have acted differently under the prevailing circumstances.
Another set of obligations are to determine, if another driver could or could not, avoid the car accident at all, by taking all the relevant actions avoiding an impact.
Reasonability in short, will mean if a carefully driving motorist, will proper controlling a vehicle and concentrated observing the on-going traffic, in his range of vision, looking onto both sides of the road, the motorist, would have been able avoiding the car accident, by measures taken by him, even if the other or more car drivers will be seen as driving negligent, i.e. by violating the rules of the road.
Issues of negligence are: prerequisites of safe driving, rules of the road, foreseeability, precautions and reasonable assumptions. The conduct (the manner of driving a vehicle) of a motorist, will be analysed to determine negligence.
Causation - is the summary of circumstances and factors, which lead to a motor car accident and do have influence on the degree of liability at the end.
Culpa is the conclusion out of the analyses of negligence and causation
Blaming the wrongdoer or perpetrator for damages and compensation and demand the pay.
Once the questions of negligence, cause and culpability has been answered and found in favour of a car driver, enabling a claimant to proof a compensation claim on the balance of probabilities, the matter needs to be addressed and demanded.
Demands for the pay of any car accident damages or destruction of property or values of financial nature, must always be addressed in a civil claim for compensation, before legal actions in a court of law can be successfully launched.
A demand will not be as complicated, as the determination of negligence and causation. But without a proper evaluated liability, backed by proof and merits, no case should be taken to the legal level, as the evidence may be week and not advisable entering into a court action.
It will take some special knowledge and experience for a person in charge analysing and preparing a claim for the compensation of motor accident damages.
RAMLA - Road Accident Management & Legal Action, will be a suitable solution for all those, need to look into a car accident damage claim, either demanding or defending, in South Africa. Contact RAMLA for a first free evaluation of your position.
Merits to support a car accident damage claim!
If you want to win your dispute for auto accident damage compensation, instigated by virtue of traffic accident damage, you will be in a better position, if you look into and articulate your merits, either if you intend to argue directly with your conflicting party or select and brief your legal team/adviser or claim manager.
Before you finally proceed with the legal part of a car accident claim, you should articulate your merits, so you have a list of the rights and wrongs, to argue competently in your demand.
As the claimant in a car accident damage claim, you must prove the liability of the wrongdoer by virtue of facts and listing your advantages to demonstrate who had acted negligently, causing the car accident and subsequently will be liable, to pay out your compensation.
The quality or your merits can be taken out of your car accident documentation, your witness testimony, any damage listing/quotation, or vehicle assessment, and most importantly the arguments supporting your claim in terms of liability.
Spend some time to reconstruct the traffic scene and put all essential together into a sketch, which will demonstrate clearly the course, the movement of the traffic and the impact of the accident.
Don't forget to add on the traffic situation, the specific regulations and signs or facilities, as robots etc. applying for this specific part of the road.
|
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
|
|
External documents, as the Police Accident Report, should accomplish your material together with your own accident report and individual personal data and contact details of - best - all the participants, including potential witnesses, or persons helping to clear the accident scene, such as towing personal or others.
If you provide your legal adviser with such competent background information, you should have the upper hand in a claim, provided all will be true and correct.
The only challenge left for the moment, will be to select the right attorney or legal adviser, claim manager or whatever person suitable to support you the way you deserve, if you need support at all.
Some motorists involved more frequently in car accidents will do a very good job in the preparation of the motor accident claim. But due to the fortunate, that one will luckily not be involved in a car accident every other day, the chance to miss out here, getting along with the matter on your own, can contra orate all the good work done. Just as not dealing with car accident claims so much often, a person without proper advice and support can be at risk, quickly.
Saving money here, and not to employ knowledgeable professionals, can easily be the wrong decision and work out to your detrimental, leading either in a shortage of compensation, loss of time and high engagement of yourself, or even risking to lose out on several unnecessary reasons.
The test of a reasonable man - an important guideline in Court
The test of a reasonable man will be applied to compare, what a prudent, cautious and responsible motorist would have done under the given circumstances of a car accident, with those the participants in the impact indeed did or have driven the car's, leading to the traffic collision.
The measures of what a reasonable man would have done, are those the public and the law would have expected a driver would have to do or not to do.
There are no precise objectives what that indeed means and a person applying the test will have to take an objective position. If such test be applied in a Court of Law, the presiding officer - Magistrate or Judge - will be the one who will eventually decide what would have been reasonable.
As mentioned, the key factors are what the public will expect and circumstances will dictate. A reasonable man will not be an exceptional good behaving person, rather one who takes reasonable precautions to protect own and others property and expects others to do so likewise.
It is said to be the 'notional epitome of reasonable prudence' not subject to 'anxious conjecture or morbid speculation'
How will a Court of Law look onto the merits and evidence in a claim
Based on the merits, we now need to look on the question of liability, for the cause of the car accident, a presiding officer in a Court of Law has to analyse.
Coming closer to detect the liability participant will be to blame for, paying for the car accident damages, a general test will be applied, looking into the matter in the light of the view of a "reasonable man".
The "delictual" motor law states that, if the other party acted negligently and found had been the cause of the car accident and that can be proven, by analysing the merits facts of the incident and applying a test, such as that of a "reasonable man", the probability will be high, that the party detected liable must compensate for the damage up to the pre-collision value of the vehicle.
This test helps to evaluate, if a motorist had taken the necessary care in regard of all that measures to avoid the car collision, by following all the rules of the road and abide the legislation of public traffic, but more importantly, did all reasonable to avoid the impact, the driver should have anticipated danger and took precaution against expectable obstacles, that regularly can occur in public traffic, or have been prevailing under the particular circumstances in this accident situation which should or could be detectable for him.
Finding that participants in a vehicle collision did take all precaution and further took care of all of the rules, then that person may not have acted negligently and therefore most probably even not being liable.
Submit your accident documentation for initial review by RAMLA claim service, and receive comments and recommendations, absolutely free.
Precedent - binding legal decisions according to already decided and reported cases of law
Legal precedents are derived from already decided and reported cases before courts of law in order to give some sort of certainty of how the law will or have to be interpreted by courts, in cases similar and very close to those circumstances prevailing in the decided case.
Some Courts - depending on legislation - will be bound to apply such precedents, or at least judge in the direction those cases had been decided, commonly during a perusal of an appeal to a higher Court.
In regard to precedents in traffic accident liability determination, there are some cases regularly cited, commonly by motor insurance claim adjusters, or utilised in standard phrases to show a Claimant that the circumstances do not allow for a claim acceptance.
As it is true, that some traffic accident situations can be compared with others decided before, a precedent is not for the purpose of deciding a particular case scenario, but for the principle guide of what should be at stake in particular traffic situations determine faults, responsibilities and duties.
However it is evenly stated, that no one car accident may be exactly as another.
A good number of frequently cited case precedents are decided almost decades ago, where certainly far different traffic density and road conditions prevailed.
|
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
|
|
Given a new compensation claim had been made to the party deemed liable and answered with citing a precedent to decline or downscale the claim, being on alert is advised.
Not all cited case precedents are valid for the particular circumstances of an actual claim and others may have been overturned or ruled differently since inception.
Certainly there are a number of general obligations formulated in such precedents, such as defining "proper look out", clarifying that just looking forward to the traffic in front, won't be sufficient to abide to this obligation, as rather to have the wider scene of the traffic area in mind and observed properly.
Further the condition of making assumptions of what may happen or can develop dangerous in such area of the road, is made compulsory. The condition of Foreseeability even derive from valid precedents, that give the motorist the duty to do assumptions leading to a possible or reasonable foreseeable dangerous situation, that may develop from certain situations, imposing the duty of doing all reasonable to avoid a foreseeable danager or impact.
|
|
|
|
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
|
|
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.
|
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.
|
|
|
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.
|
|
|
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.
|
|
|
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.
|
|
|
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.
|
|
|
What about fees, must they be paid upfront or can it be deducted from recoveries?
Let me answer the question in short.
Yes, all fees need to be paid up before we take action.
Why is that so?
Our fees are as competitive low, that we cannot enforce any such fees economically, if someone just take our services and thereafter give us hassles to pay.
Any local attorney will do the same, as asking for a deposit, commonly far higher than our entire fees are, upfront.
In general those deposits are offset against fee notes and further deposits requested in due course.
We dont do that. We deliver services not billed on time issues, but on performance phases, which gives cost certainty and the assurance to be taken care of the full matter.
Contact us to get more detailed information.
|
|
|
Any doubts about our capabilities or performance as this offer is an anonymous one on the web?
Well I must accept such doubts and can only point out and rely on the many we served before and who may be contactable for reference.
Check out what we display on our comprehensive web pages, which will back up our knowledge and experience without a doubt.
Anyhow we will never accept a mandate before we have had a first free analyse of your particular matter and if you aren't satisfied with our reply, simply don't go on with us, despite it may be detrimental to you.
We value a fair and open informative strategy, 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.
|
|
|
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
|
|
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
|
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.
|
|
|
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.
|
|
|
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.
|
|
|
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.
|
|
|
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.
|
|
|
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
|
|
|