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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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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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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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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.
Acknowledgement statements for liability
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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Acknowledgement of liability or accepting being at fault, when one is involved in a car accident, or MVA in South Africa - RSA
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The matter if a party acknowledges fault, predominately at the scene of the accident, must be on record to proof such in a later claim, if denied against the previous acceptance, South Africa - RSA
The question of who will be liable for the cause of a motor car accident and being in the wrong is the important part in any evidence, claiming for vehicle or property damage compensation, caused in a road collision.
Most such acceptances, being in the wrong or at fault, been made right after the accident occur, still under the fresh impression of the impact. The challenge for the victim of the traffic collision, wanted to be compensated for damages, will be securing the acknowledgement or acceptance of liability as a form of proof.
As observed too much often, many motorist just trust such promises, made under the impression of the impact and don't consider to get some form of evidence to have some proof. Proof may well be needed, as almost too often such promises dilutes or diminish at all, once the damage is addressed in value terms or after some consultation with people advising how best get around to pay compensation, even if a valid motor insurance cover may be in place.
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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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Once a traffic accident occur, whenever one takes to the streets, a prepared car driver will act more seriously, as a vehicle driver, never thought a road collision can hit him.
The prepared motorist will know, how important it is to secure evidence and how best dealing with the situation. Good preparation will be, if some supporting material, such as accident forms or partly pre formulated acknowledgement formulas will be at hand, right at the scene of the motor vehicle accident (MVA).
Having those little helpers prepared and stored in the motor car, before getting into road traffic, will be a benefit of huge value and take only little efforts doing so.
Once an acknowledgement form is filed and signed at the scene, where most often the perpetrator or wrongdoer will be more open admitting and stating what has indeed happen and signing it off, they cannot easily change arguments thereafter sucessfully.
read more about the issue of acceptance
Your specialised expert to sort out MVA matters
Professional - competent - swift - decisive and affordable
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Benefits of acceptance for wrongdoing acknowledging liability for the cause of a car accident
Headlines and Issues on this page
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Acceptance being at fault, right at the scene of the car accident - take a written statement and always secure evidence.
The location the car accident takes place, or the scene of the traffic accident, gives the best opportunities getting an acceptance and acknowledgement from the car driver, wrongfully and negligent or even recklessness, caused the motor collision.
Very often seen, that the drivers coming together, looking on the damages and with fresh impression and under the impact of the collision, the motorist wrongful caused the impact, will probably accept and acknowledge, at least verbally and willing taking the burden of compensation, either insured or not.
Participants involved in the car accident, should utilise the benefit of the moment, and take a statement that clearly reflect who is at fault and what is damaged, get it signed. Such statement of acknowledgement of liability can be formless, by just take a piece of paper and roughly, better more in detail, note what had happen:
i.e. - the motorists name, driven the registered vehicle at the date and place - drove into the rear of my motor car registered as, and the damage are destructions to the bumper, tail lights and dents to the chassis.
Having a form at hand, it may be even easier to do better.
It is highly recommended not being too trustful and giving as much credit to a verbal promise to fix car accident damages, right after the impact. Be alerted and secure the evidence as good as possible and get a written statement reflecting what another is prepared to accept.
Don't hesitate and state what had happen, i.e. high speed, telephoning or drunk driving. But alleged drunk driving must be proven and a breath test, better a blood test should be insisted to be done, even if a police officer isn't as happy with it and tell another, a test isn't needed. Once there is smell of intoxication, get it analysed or it will be of little help in a claim, if it can't be proven.
It is just too easy for a perpetrator to change mind and course, deny all and reject any such claim, once back home and/or consulted with the insurance admin or an experienced adviser.
Some very friendly South African motorist not only trusts such verbal acknowledgement, but even accepts the plea of the culprit, not to call the police, as to various reasons. It is never a good idea not calling the SAPS, unless an acknowledgement is stated in writing, got all the details on it needed to pursue a claim, if it turns out later to be necessary, and properly witnessed.
Not less is recommended to abide the request not involve officials.
A motorist suffered damages in a traffic collision should know, that the burden of proof rest on a Claimant and without sufficient evidence a claim for compensation can be difficult and easy to deny.
Another possibility securing proof will be, filing the relevant section on page 2 in the police accident report well (or in attaches) and both or all participants sign this particular statement.
But still better both of those measures should be taken, the private acknowledgement and the properly filed section in the police accident report. But without signing off the particular report section, it will be only weak evidence.
A police report should always be done with all car drivers involved at the same time and not be done later, just popping in a police station and report the matter, without the other party attending.
Such statement must be recognized as one sided and can be biased and don't have much weight in terms of evidence, if the other either deny or file another one party police report, stating just the opposite or don't support the truth.
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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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It will be advisable not trusting just the words, of the vehicle driver and avoid putting it on paper. Same applies, if the deemed liable car driver tells you, there is a proper insurance cover in place, and you don't need to worry.
There can be several obstacles in the way, once the matter will be reported to the motor insurance company, such as probably premiums hasn't been paid up, or other violations to the policy may cause the insurance declining a compensation claim as well as contradictory reports of the situation can lead to serious problems.
Even if that will not apply, and the cover is in place, there may occur some problems and the motor insurance simply decline your claim on the reason of colliding statements of the matter. The insurance company will follow the statement of its insured, unless you do have proper evidence.
It is not a rare occasion that the motorist, willing and accepting being in the wrong, at the scene of the accident, but thereafter change arguments once consulted with other advisers or with the insurance, or if not insured against motor car accident damages, when facing the repair cost quotation, which is displaying a much higher amount of compensation as expected, which may well change mind and behaviour.
With a written and signed statement, one will be far more on the safe side in terms of evidence, proving a compensation claim.
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Alternations or changes not upholding accepted liability after consultations
As laid out before above, without a written and signed acknowledgement statement, nothing will be materially proven.
It must be known that most South African motor insurance companies lay out in its policies or terms & conditions that the insured car driver, should or may not, accept any kind of liability at all. This fact alone can cause the cooperative motorist to change attitude.
Discussing the matter at home or elsewhere with others, thinking twice and coming to a different conclusion as that taken at the scene of the car accident, may even be causal for a change of position, not accepting liability anymore or at least blaming the other of being partial causal and liable for damages.
It is very easy finding some arguments, why the other party must be seen as the negligent one. Lot of traffic scenarios and extracts from other legal cases, hold in similar circumstances are available to create uncertainty.
An argument very often applied, just saying - no one have the exclusive right of way, even if all circumstances allow concluding, there indeed have been the right of way to the one car driver, claiming the other is at fault.
Such general statement isn't suitable for a claim decline. If a party argue another had been even driven negligent and so far contributed to the motor accident, it should be looked on carefully.
Attempts to apportion causation and liability can lead to significant shortfall of motor accident damage compensation; even if a high per cent age (i.e. 70 / 30) will be offered in favour of the Claimant.
Contributory negligence will mean both or more parties have not abided to all the obligations the traffic legislation burdens onto a motorist. Unfortunately going the route and allege contributory liability will be easy and takes some efforts and expertise knowledge to get it sorted.
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Presenting the repair quotation to a perpetrator, may change attitude and/or acceptance
We all do know that repair cost, getting accident damages to a motor car fixed, are very high these days and it's not expectable that the trend of rising restoration cost will change.
Some damages to a motor vehicle, doesn't look as severe and regarded as minor cost intensive. But once the repair quotation or damage assessment is done, the surprise may be evident.
Confronting the friendly motorist, verbally accepting the liability and offer payment, with the effective costs, may just get him walking away from the previous acceptance.
Those, properly insured against such damage claims, may not be worried so much, if the damages are higher as expected, but it may be they just have had a claim launched with the insurance, and/or have other reasons not to utilise the cover, it may have the same effect and changing position.
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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Statement of acceptance for causing damages should be in writing or as affidavit
A verbal statement accepting liability for a motor accident, even if positively witnessed, will not be good evidence and causes a lot of efforts proving the case otherwise.
Unfortunately it can be a double mistake, trusting on a verbal acceptance and miss out documenting other evidence properly, at the same time, just hoping the promises will be kept, can be fatally bad.
Whenever a statement of acceptance of liability will be concluded, at the scene of the car accident or even later stage, do it in writing, having witnesses signed or get it stamped as affidavit, easily be done at any police station.
Getting such acknowledgement in the process, after the car accident, it should entail all the data available to this time, even the repair cost in detail, if available already.
It must be of awareness, that in a breach or non-fulfilment paying the damages, this acknowledgement will be the basis for any actions or legal proceedings. So as carefully and complete an acknowledgment is filed, it will be much better than just a simple notice, missing out essentials, helpful or urgently needed, if a legal action must be initiated if the promises aren't kept.
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An acknowledgement of liability for the compensation of motor car accident damage, should be as complete as possible and provide for a liquid claim, if the other party don't deliver.
A legal action in a court of law can be easier to process, if the claim is specified in detail and accepted by the Defendant, i.e. in a properly drafted written and signed acknowledgment.
A claim will be called a liquid one, if the extent and amount or value of car accident damages, will be fixed and not on dispute, between the parties. A liquid claim, specifying the repair costs in an acceptance document, will enable a claimant launching a legal claim easier and proof of damages will be mainly sorted, even if the legal action will be defended.
However if just the damage value will be addressed, there will be room for defence about the cause of the car accident. A proper acknowledgement will include the definition and acceptance of the causation as well.
A so prepared claim will help filing for a default judgement more easily and will even help getting a writ of execution easier, once a claim in a legal action will be based on default judgement.
Default judgement can be applied for, once the other party, the defendant misses out defence at all, or lack in the defence action, violating the rules of the court of law, in the process of action.
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Motor insurance settlement offer, made without prejudice, will still be a strong indicator of liability
South African motor insurance companies or members in the legal profession, supplying another party with a settlement offer, will most commonly do this "without prejudice", meaning they offer you something, but they will not legally accept liability, despite the settlement offer.
This proactive measure is designed not give away chances changing arguments, in a legal action.
But as we are talking about this more in the sense of acknowledgement, rather than compensation pay-out, and the settlement offer hasn't been finalised, either not signed or not fulfilled, such limited liability offer, must be regarded as a strong indicator that the person in which name the offer is supplied, will have some real liabilities, as it cannot be reasonably expected that someone offers something, but under the restriction of "prejudice", will have no reason doing so.
Such offer even made "without prejudice" or even addressed as "WOP", will help, but not function as the sole evidence in a legal action, convincing the judge/magistrate, that there must have been a reason and not just a favour offering compensation at all.
Once a party not happy with any such offer and not having signed it at all, it will be a piece of evidence, next to other factors that's needed, winning a car accident compensation case, to satisfaction.
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Satisfactory Settlement and the subsequent following settlement agreement
Everyone involved in a traffic accident and suffered bodily injuries or material damages to the motor vehicle or property, would like and very much welcome, a party that acknowledge being at fault and hopefully sticking to that statement accepting liability, until a compensation payment is received.
Acknowledging liability, is the first step on the path in an amicable undefeated or not disputed claim, for car accident damage compensation.
If another can obtain a kind of a statement affirming liability, for the cause of the traffic collision, it will be a good step forward to be compensated without a fight for the motor vehicle accident damage suffered.
Getting a written acknowledgement, rather than a verbal one, from the other party admitting liability in causing the motor accident and subsequent accept financial liability, paying for damage, will be the very best option solving a compensation action and will minimise problems in your vehicle accident damage claim, significantly, should the party change tone or the representative/insurance admin, take over the argumentation.
Best getting such statement, will be on the scene of the accident. One can just take a piece of paper and note what happened and file a rough estimation of the damage detected.
The statement should include: the details and contacts of the driver/owner of the car, registration number, type of car, etc., that will enable a claimant contacting the other party easily and comfortable, if even an email contact is noted and importantly it is stated, how the accident is caused.
Don't forgetting and securing photographic evidence, even of the wider scene including traffic signs, robots or marks, as well as document the damages to all vehicles.
The statement may be as simple as: " . . . drove into the rear of my car, while I stopped at a pedestrian crossing to give way to persons to pass", etc. thereby rear the chassis, the left side lamps and bumper had been deformed or smashed".
If the police is called to report and protocoling the car accident, which is advisable, the officer should note the declaration of liability for the accident, in the police report in the relevant section as well.
If the formulation in the report is to satisfaction, the driver(s) should be encouraged, to sign it off, right in the relevant section where the circumstances are noted.
Having such acknowledgement of liability for the vehicle accident and damage, one do have a strong position in the case, especially if the liable party is insured against such risks as such statement don't allow the Insurer to argue differently to the cause, but still can bring other arguments into the case, attempting to scale down the damage.
Involvement of motor insurance companies to prevent any acceptance of liability or guilt!
This is something one should know:
A number, if not all South African motor insurance companies, don't want or even allow its insured clients just - acknowledging any liability at all -, despite it will obviously be true and the other party would like to do so.
A motorist who does accept liability will be an honest one, but may risk violating a clause of the terms of the motor policy. However a fair acknowledgment, cannot easily lead to a decline of insurance cover.
The motor insurance company, don't want create precedents, or allow for any possibility of prejudice - so the insurer can argue what they deem fit, including denying a fair and reasonable 3rd party claim, for not much of a reason.
Most insurance clients are bound to cede all rights processing the action to the motor insurance company, so the insurance company can and will act on behalf of the insured.
One must know that in legal terms the person or driver and possibly the car owner or the business of an employed driver, will be the 3rd party to sue and not the insurance company at all.
But by means of the insurance contract, forcing the insurance client to cede rights, the insurance company step in and apply its strategy and measures, they deem fit, to proceed in the case.
For a liable but insured road user in South Africa, it may be good think the motor insurance company handle the claim on the insured's behalf, as they do have ample experience with any kind of claim matters and gives the liable motorist a peace of mind that all will be handled fine.
Most commonly the insured will not care too much, if the other party will or has been treated fair and well, just happy got matters out of the way, in the first place.
Only if matters will not be sorted out positively between the Insurer and the Claimant and the dispute will not escalate to the level of a court of law, a positive settlement offer may be submitted for accaption.
Should however no such positive settlement can satisfy and the matter needs to go to a court of law, the Insured will be party again and needs engaging into the legal process, despite the Insurer may appoint a lawyer and pay the fees.
Being in possession of a written acknowledgement, will help a lot avoiding unfair treatment and serve as good evidence to settle a dispute in favour of the Claimant.
But even if there is not such acknowledging statement, a victim of a traffic accident can still get it all right, provided having the right people to the side, properly advising and/or pursuing the case for a successful result.
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Contact RAMLA . . . for your free initial case analyse Now
Know more about the free first case analyses before contacting RAMLA?
Submit your accident documentation for initial review by RAMLA claim service, and receive comments and recommendations, absolutely free.
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RAMLA - Road Accident Management and Legal Action - is one of South Africa's most experienced and decisive advocates to sort out legal disputes with parties, Insurance companies or act in defence for clients, confronted with unreasonable or inflated claims.
Car accident issues that matters most:
We are legal specialist in motor car accident damage recovery matters and offer our services to those suffering damages or in need to defend unreasonable or inflated claims.
Taking on disputes with motor insurance companies, engage and solve unfair declines or incorrect apportionment of damages, oppose a wrong assessed Quantum, or take a matter on review with the Ombudsman (OSTI), to get a matter of comprehensive insurance dispute reviewed.
Sometimes, if a matter cannot be resolved in a full attempt, and the case need to be heard in a court of law, should all fail to find a solution in pre-litigation, the escalation to a court of law is inevitable, we will suppot the action.
RAMLA can get you through the trouble, get reluctant parties moving serving Summons, for just some affordable fees, commonly just equal or lower then towing/storage cost may be.
We are one of the most experienced, decisive advocates, when it comes to car accident problems - issues of compensation or defence against unreasonable or inflated claims, bad repair practice and much more.
We work only on motor car accident matters.
Check us out, so you do know if we can uphold we say, free of charge.
Welcome to RAMLA
Road Accicent Management & Legal Action - South Africa
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RAMLA - is an experienced legal expert in most MVA - Motor Vehicle Accident - issues.
We act professionally and decisive for the - Demand of damage Compensation - Dispute Resolution - Defence against inflated or unreasonable claims, as well as for damage recovery caused by bad workmanship after car repairs.
With more than ten years of professional experience, well educated stuff, knowing the subject of car accident issues and solutions, we have advised many, many inquirers in the first steps to take for a solution,
- free of charge - ,
and over the years, served a high number of clients to solve differences with parties, addressed compensation actions, acted against unfair Motor Insurance declines or short falling settlement offers, pursuit reviews with the Industries Ombudsman and filed law suits and defences.
RAMLA do know very well, that all cases are individual and need particular attention to the details, as only a well structured and factual claim can have chances to success. With us, you can feel save.
If you valued visitor of the RAMLA web information platform, do have any such problems listed above, you may well be good advised to contact us and brief us - best by email - with what had happened and may be your problem.
Our initial reply and advice will be free of any charges or obligations,
but an active pursuit of a claim or defence will come with some smaller fees.
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How going forward once there is a claim or dispute or other challenges?
Well, once someone checks a web site as this one RAMLA presents, there will be some sort of a problem.
Motor Vehicle Accident (MVA) issues are manifold and can be complex.
It may either be that there is no response from the liable party or the Insurer, the other party repudiate, apportioning damage liability leading to a short falling compensation offer, or any other claim decline, such as to violation of Insurance terms and conditions. All need experienced attention.
There are even cases, where a claim is directed to a 3rd party, deemed liable and demanded, but no engagement noticed.
Lot of issues coming up in MVA - car accident matters, may not be handled according to valid law, or wrongly interpreted.
There are many people in South Africa's motor insurance industry, without a legal background and act under instructions, don't care, nor perhaps not having the necessary skills, or just follow a strategy, to get rid of valid claims.
Such should not be accepted and the challenge taken head on, even if it comes with some engagement.
RAMLA as a specialised legal expert can solve such problems, just for a fraction in fees what you may miss out, if you don't have the right support.
In our view, it is not the correct way and get a legitimate claimant's demand, just been brushed away, isn't it?
Just take the time and contact, tell us about the matter and let us take care of it.
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Defence against unreasonable or inflated claims?
RAMLA can help you most effectively to get a claim dropped or eased.
The results defending someone against whatever car accident compensation claim, can be very good, as often the evidence the Claimant do have is not sufficient to proof the claim, which is a pre-requisite for a successful action.
If it isn't as clear what the implications are and what evidence the other party/Insurance do have, chances are very good to stand through and get a claim successfully denied, even if a summons may have be served already.
The party alleges or accuses is forced to proof the claim and not the demanded party.
Many Insurance recovery claims fall short of such reliable evidence and therefore can be repudiated, even if it comes from attorneys or recovery agents.
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However we do handle every substantial MVA claim,
against whatever party, Insurance, reluctant party or company successfully, given the merits of the issue are clear and stand a challenge.
Should the merits not be so favourable in the first place, we do all we can, improving such merits, to get the matter being a strong case.
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Chances of success, if there is a strong case, and any other winning guarantees?
Those are questions we hear frequently, before a new client is prepared to accept some fees.
There cannot be any guarantee of success in legal matters, as the other party may have evidence matching or being better proof. If it comes to an action in a court of law, the presiding officer is the instance of weighting all brought forward in the action and decides.
However if sufficient evidence is at hand, chances are high to predict a win and succeeding with a matter, which ends up in an acceptable settlement/judgement.
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You want to visit a local RAMLA office in your area and have a chat with one of our experts?
We are very sorry telling you, that we have chosen a different way of performing our business.
In order to hold overhead costs low, and not compromise on expertise and service, we have decided to act from one central, but not public office, in the Western Cape.
In order to hold fees low and offer very competitive rates, compared with similar legal services, we decided to concentrate intelligence and contain costs in this manner.
Anyone who likes to visit his/her adviser or attorney, should not choose RAMLA as a favourite, as we cannot or want honour just that.
But we can deliver the way we operate effectively, wherever you are in South Africa and with whom ever we have to deal, effectively, decisive and affordable.
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What about fees, must they be paid upfront or can it be deducted from recoveries?
Let me answer the question in short.
Yes, all fees need to be paid up before we take action.
Why is that so?
Our fees are as competitive low, that we cannot enforce any such fees economically, if someone just take our services and thereafter give us hassles to pay.
Any local attorney will do the same, as asking for a deposit, commonly far higher than our entire fees are, upfront.
In general those deposits are offset against fee notes and further deposits requested in due course.
We dont do that. We deliver services not billed on time issues, but on performance phases, which gives cost certainty and the assurance to be taken care of the full matter.
Contact us to get more detailed information.
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Any doubts about our capabilities or performance as this offer is an anonymous one on the web?
Well I must accept such doubts and can only point out and rely on the many we served before and who may be contactable for reference.
Check out what we display on our comprehensive web pages, which will back up our knowledge and experience without a doubt.
Anyhow we will never accept a mandate before we have had a first free analyse of your particular matter and if you aren't satisfied with our reply, simply don't go on with us, despite it may be detrimental to you.
We value a fair and open informative strategy, keeping a client updated, which will please most of those with an open mind to comunication technologies, such as email etc.
But we can only do what we offer and if you aren't happy with such offer, just get into contact with your local lawyer, or ask us to refer you to someone with specialised knowledge in MVA matters.
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Should you have been through all before . . .
and still think we can be the one to solve your motor vehicle accident compensation problem in South Africa, just get in contact with us.
You're welcome to be served perfectly.
Kind Regards
Your RAMLA team
Nationwide Claim Service
SMS RAMLA to 076 770 3179
and let us know the problem, or much better send an e-mail to:
ramla@ramla.co.za
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RAMLA Expert Partnership
Become a local partner of our Nationwide Network of experts in adjacent industries, such as:
Legal profession
Panel beater or auto body repair workshops
Independent vehicle damage assessors
enhancing mutual business at no cost to either side.
Please follow the link to the industry above to learn more about the offer.
SMS "network" your name and industry, place of business to 076 770 3179
and we call you, or send to
e-mail info@ramla.co.za
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Motor Insurance Disputes
An insurance claim, either as a third party or comprehensive claim can come with a number of challenges.
Having the knowledge and experience, is a prerequisite to stand through against sometimes very strange arguments or decisions utilised by South African Motor Insurance Companies or its Brokers.
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Ombudsman for short term Insurance (OSTI)
The Ombudsman for short term insurance disputes (OSTI) reviews matters that emanates from Insurance policy differences or disputes.
That means only contractual issues can be given for review and no 3rd party claims issues can be addressed to the Ombudsman.
Many people believe in objectivity and sympathies the Ombudsman may have to issues, believed to have been made unfairly by any Insurance decider.
It must however not always be expected that OSTI is in favour of Insurance clients to protect their rights.
Too often the decisions taken by the Ombudsman's office are backing the Insurance decision, particularly so as the evidence provided hasn't rebutted the Insurers argument, due to lack of knowledge.
The often one-sided information provided by the Insurer, even without verification, is taken for the decision, if a client in need for help doesn't know how to repudiate false or weak allegations and the matter will most probably be lost and the Insurer rests relaxed.
The Institution of the OSTI office is financed by the Insurance Industry.
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A reluctant party try to hide and not engage?
Don't allow a party to act in such manner. A liable driver must take responsibility, but it can be a challenge if you have been too patient or trustful of promises and the other do know how to make you struggle.
It must be noted that a claim is easier declined than proven, and factual proof is what is meant the claimant has the onus of proof.
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Companies don't engaging into claims they are vicariously liable for its employees
Companies are in some circumstances responsible and vicariously liable for employee's action and damages, if in charge for the business.
Despite most such companies may maintain a valid insurance cover, not many are open to an amicable solution and reluctant to support a claim.
The problem may just be that those who employ personal which need take part in public traffic in order to do the job get too much involved in car accidents throughout the employee's mistakes and don't like seeing the insurance cover in danger or face higher risk premiums.
There are commonly more difficulties to get matters processed as if claiming against a private person.
Our advice, get support as soon you feel something may not go as expected.
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Alcohol or drugs a driver has abused but driving a car under the influence and causing the accident
Alcohol or Drugs shouldn't be consumed when on the road, for good reasons, and prohibited by law.
Once alcohol or drugs are suspected or proven, any insurance cover will lapse and no compensation can be expected covered by any Insurance.
However, the misuse of drugs and or alcohol must be proven in a professional manner.
It will not be acceptable, if an Insurer or another party just allege the other being intoxicated.
No witness or any observer can detect any or the degree of intoxication, even if they are medics, without scientific analyses, there is no proof.
Breathalyser and professional medical laboratory tests must show if any intoxication and to what degree, to get a claim declined or even to make one against another.
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Market value, trade and retail value, scrap or salvage are all part in a "write off" case
When it comes to more serious car accident damages often repair costs are high. Should repair costs exceed the market or pre-collision value of the motor car, it will be called a "write off".
Unfortunately many of those been written off is caused by a decision of an Insurer.
The manner in which the car values of a highly damaged vehicle being evaluated, is by applying value schemes, often inappropriate schemes or wrong assessment results should be challenged.
A write off can cause many hassles in some regards.
There are some value schemes offering private persons a one time free value check.
Below as an example, TransUnion Car Value
www.carvalue.co.za
Anther source will be www.book-value.co.za as well as www.autotrader.co.za
TransUnion Car Value Scheme
www.carvalue.co.za
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