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Car accident lawyers and professional claim managers to analyse, support and pursuit your material car accident claim, effective and economical, nationwide in South Africa.
You will find a lot of useful information on the RAMLA (Road Accident Management & Legal Action) web pages.
First of all we have to definite what we have to understand will be 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 off into the sector of bodily injuries, which is dealt with very different to that of material damage compensation. The web pages you are browsing currently only focus on the material and civil claim for you to receive the full and fair traffic accident damage compensation occurred to your vehicle.
The South African law say: You should be materially compensated so that you will be able to have your damaged auto repaired to the state it was in, before the traffic collision impact. That means either you cannot expect a new car (some exemptions excluded here i.e. if your motor vehicle is very much new, so saying not older than a year since being on the road the first time) if your one is fairly used and the marks of wear and tear are visibly impacting you auto value.
But even an older motor car must be repaired to manufacturer's standards to maintain the roadworthy status of the then repaired vehicle.
So to say it in short, get it back on track, but do not try to make a fortune out of it, as that can easily backfire on you. But this does not mean you have to agree to too many compromises in terms of your motor car repairs. To have your damaged car back into the state it had been before, you need to prepare a solid base of value analysis for your compensation, either by a qualified repair quotation or by a professional damage assessment.
But nothing is always stringent and you cannot take one argument alone to find the correct compensation basis. There may even be differences in what you might have to accept as motor car accident repair compensation, in either a third party claim or a claim you direct to your own comprehensive motor insurance policy.
A claim launched with you motor insurance company will have to look on what you have covered under your policy and probably have some contributions to accept, due to the content of your policy.
A 3rd party claim, directed to the perpetrator however must give you full compensation and no clauses, as insurance excess or other limitations in your insurance policy apply.
In most cases, you should have some professional support. If you want to get the matter sorted out quickly, possibly with less costs as possible, and being compensated for your car accident damage fairly, you should consider and let a car accident damage claims specialist such as RAMLA, or your local attorney working for you.
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Traffic accidents happen every single day in South Africa. Some are more severe than others, but most commonly a car accident ends up with damages to property or cause personal harm to humans and worse can end up with fatalities.
Nobody driving a motor vehicle in public traffic likes being involved in a car accident and certainly don't expect that the impact will happen, just this very day. Unfortunately even the outmost carefully driving motorist will be exposed to the risk of a sudden and unexpected vehicle accident, to any time participating in public traffic.
RAMLA - Road Accident Management & Legal Action - is an organisation specialised in resolving problems or disputes arising in traffic accident compensation claims. But the best specialist, supporter or adviser in recovery of damages, will be only as effective as the evidence disposable.
Most mistakes in terms of gathering proof and evidence will be made, right at the scene of the car accident. This is the reason, we provide an interested reader with a variety of tips, what will be at stake, once caught up in a traffic accident and later looking for fair compensation, which can entail a lot of work and have the potential of creating headache, without proper documentation.
Motorists should be well prepared, before being involved in a car accident
A driver of a motor vehicle, well prepared before hitting the roads, will mostly be a more careful driving motorist, as those don't care at all. The mere fact that a responsible driving person is aware the permanent risks in public traffic, will drive concentrated and watch out for traffic and obstacles around, meaning the major criteria in car accident damage compensation claims, the so called "proper look out" will be met.
Observing the traffic properly will enable the car driver to meet the duties opposed on any motorists by the rules of the road, having control over the vehicle and can avoid car accidents as far as possible.
But car accidents happened, even sometimes to the outmost careful driving motorist, and if in future the flow of traffic will be controlled by electronic devices and the driver does not have much to contribute as programming, technical faults can still lead to car accidents.
Preparing for the possible event of a car accident will give the proper briefed driver the opportunity to act in calm and knowledge, securing evidence after a traffic collision. Anyhow, the very first will always be, looking to the others and helping injured with first aid, calling ambulances and police and secure the scene of the accident, so others can pass safely.
Once such main duties are under control, it's the time to look on material damages. It will be advisable taking photographs asap, showing all the vehicles involved in the position they came to still stand. Further pictures about the damages of all vehicles should be taken, as that can help documenting and offer an opportunity, deriving causation from the damages later, if disputes arise. Rather take one more picture as one too less, it's the only time you do have the opportunity.
It is highly recommended taking the pictures, before moving any vehicle, even if they are obstacles to others. Rather secure the scene by warning sings, but don't move cars, before evidence is taken and the police will be at the place of accident.
Just being involved in a car accident crash gives you several obligations and you need some knowledge and luck to have a hassle-free car accident damage recovery claim.
Below you will find a lot of information you may need to document a car accident properly, and how to prepare yourself, before you are involved in a car accident.
The first rule involved in a motor car accident, is to be calm and patient.
Go through the entire process suggested to you, to ensure that you will be able to prove your car accident claim, in all respects.
If you have suffered bodily injuries, ask someone to file the car accident report according to the forms and go for medical treatment immediately. Make sure that you keep all medical bills and that you receive a doctor's certificate in terms of RAF (Road Accident Fund), if such claim to compensate for bodily harm, will be needed to be initiated later on.
A RAMLA accident report form, to document the mentioned below, is available free of charge on Downloads
It's recommended to carefully file the report, even if its time consuming right now, but save more time if done properly, as if you later need to investigate about the data. Enabling you doing so, certainly you need to have a printed copy and a working pen, available in your motor car.
We need to emphasise, that relying on the information in a police accident report (AR), will be risky, as this document is focused to state information to investigate offences against the legislation and not focus on recovery of damages or the question of liability at all. Very important will be having proper contact details, such as email etc.
The practical steps to be taken and collect relevant data
1. Call the police to take down a report of the car accident.
2. Take all the details of the driver of the car that caused the accident (crosscheck ID to driver's licence). If there are more than one car driver involved in the accident, take details for all separately.
a. full name
b. postal address - including postal code
c. physical address - including postal code
d. telephone - landline and cell
e. Fax or e-mail
check the number by calling it now, at the place of accident, to make sure you got the right one!
3. Check the driver's licence and note class and validation. Cross check these details with the details given on personal details and ID, to ensure that they are the same.
4. Note car details
a. Registration number
b. Make
c. Type
d. Colour
e. Mileage
f. Year
5. Find out who is the owner of the car, and note all the contact details, if the driver is not the vehicle owner.
Once it appears the car driver will not be the car owner, i.e. if the vehicle will be a Taxi, transport vehicle, lorry or any vehicle that may be utilised for business, check out the reason of the drive, as car owners can have a lot of responsibilities, for damages caused in the due course of business tasks on reasons of vicarious liability.
An employed car driver will not have any insurance cover himself, and will not be welcomed by his boss, telling the story of an accident. Fearing for the loss of the job can influence the cooperation of such employed, negatively. But even a private motor car not driven by the owner, can create vicarious liability, once there will be evidence that the drive have been in favour for the owner, or will benefit the car owner in some extent.
6. Draft a brief description of the general conditions of the car which caused the accident, and take photographs if possible.
7. Document the traffic signs and limitations, robot situation and the lay out of the road or intersection, best will be drawing a comprehensive sketch.
8. Secure witness statements and contact and residential details.
9. Try and get a statement from the person/driver deemed liable causing the accident, right now and get it signed. Any statement signed, even if it's short and unspecified, will be better than none, but as more comprehensive it will be as better it is.
Klick for Claim related Site Map - A comprehensive overview of relevant Claim Issues
A number of motorists, humble to the time of impact and prepared accepting being the cause, will change mind, once confronted with the value of the damage or advised by others not accepting being causal at all. If you do have a statement, it will make such shift harder to stand a challenge.
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What to look on, after the impact of the traffic accident
When you decide to handle your car accident claim yourself, which is not always advisable, you must follow some essential procedures.
Handling a compensation claim for damages to your property, caused by an auto accident on South African roads, all starts immediately, at the scene of the motor car accident as to gather as much details of the circumstances, witnesses etc. as possible. Proof based on facts, is what you need to handle your car accident claim or disprove and defend an inflated high claim instituted against you by other parties of the car accident.
Whatever will be the case, claiming or defending a matter of auto accidents, without good foundation of facts, supporting or rebutting any argumentation, you will end up disappointed.
Without good and experienced support in handling cases for recovery of damages and proper legal backing, one may find end up disadvantaged, as the other party may just do better, as they use such experienced and knowledge, that support them to achieve undeserved victory.
Utilise affordable but professional services, such as RAMLA offers, avoid disadvantages and get your compensation paid.
read more below:
Motor Car Accident damage, in South Africa?
You want your car accident claim being paid for and recieve your material vehicle accident damage compensation, 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.
Do you know that RAMLA is a specialist in handling and enforcing material motor accident compensation claims, for its clients very affordable - effective - professional and of course decisive and resolute.
Kindly take note of the info below, before you contact RAMLA.
We do offer a free first advice, but unfortunately we cannot supply a free pursuit of your claim. 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, but not free of charge.
Keep this in mind before you contact RAMLA, if you expect experts to work for you - free of charge.
If you like to explain your problem to our claim manager on duty, you are welcome to contact us by phone for an initial briefing on cell 076 770 3179 (standard rates apply) Anyhow you will be requested to brief us by email, even if you discussed the matter initially over the phone.
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Car accident compensation claims for damages in South Africa, may cause some headache.
RAMLA is a specialist in material car accident damage claims (no bodily injuries).
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?
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RAMLA offers you full legal support to solve your car accident, a comprehensive claim preparation and action to enforce your compensation, all the way up to a court case.
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Getting your fair share of compensation is influenced by the determination of liability
When you analyse factors of liability, put yourself into a position as to think, who had been able to avoid the motor vehicle collision and who had acted responsible and took all reasonable care to avoid the car accident and which motorist may be the negligent or most negligent driver.
Determination of liability means, one has to look on a variety and high numbers of factors, that must be taken into consideration. A basic test to apply is that of how a reasonable man or motorist, could have foreseen and avoided a collision at all, if have abide to all the rules of the road, especially to" have a proper look out" - watching the traffic continuously and as important have control over the vehicle to all times, meaning come to a still stand before any impact.
A motorist that applied such rules, and by taking all evasive measures and actions to avoid a collision, could not do so successfully, will most expectedly - not - be the negligent one.
The question of negligence is a key question in any motor car accident, when it comes to determine liability. Numerous papers and books written about the subject, what really will be negligent, but will still leave space for argumentation, despite a huge number of cases dealt with by courts of law, that sometimes been cited as precedent, each and every case can be different.
The matter of detection and determination of liability at all, is crucial and no general rule can be applied. Any car accident is unique and different.
A lot of people, looking for solutions in questions to car accident liability, check if they can find precedents, as to South African case law and previous rulings of courts of law, to similar circumstances.
Unfortunately just citing a case will not be suitable to lay out evidence. It can to the best only indicate, what in general may be looked on. Citing case law, will be of little, or even of no value proofing a case or dispute a matter.
Motor insurance companies and other legal institutions or lawyers, like to cite cases, seaming to be similar as that to deal with, to confront a party with decisions and conclusions of previously decided matters in a court case, in order to blame the other party with liability.
Our advice is: don't accept such argumentation without serious questioning if this will be exactly matching your individual case. Commonly there are just other cases, decided by other judges, coming just to the opposite conclusion.
Experienced people, dealing with auto accident damage claims in the country professionally, should be able to determine the position of liability after scrutinising the aspects of the matter, but if not agreed upon by the other party, only a court of law can finally determine the case.
But there are professionals and professionals, if you include the motor insurance claim adjuster into this group of experts. Having an unbiased claim adjuster employed by any South African motor insurance company, seems to be unlikely.
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Determination of liability - Damage analyses - and Demand are the components of pre-litigation actions
Once the question of liability is addressed and your position determined if you are not liable, partly liable or even caused the accident, the other party may find your conclusions of liability are wrong. They may have come to completely different conclusions drawn from the facts and that will certainly cause dispute.
Given the analysis of liability for the car accident are to your satisfaction, the quantification of damages is next. The calculation of damages can be done by professional damage assessment, or by way of repair quotations made by an repair expert, such as a panel beater. Now you finally got the damage value for your traffic accident recovery.
When all of that is assembled you must contact the supposed liable party and send them a letter of demand, setting out the damage and timeline of response. Make sure you have proof that the letter had been reached his/her residence.
If you do not get the reaction or response you do expect, meaning the other party deemed liable for the destruction accept your claim, you enter the step of dispute.
It's now the challenge to sort out the differences. Most often this can entail extensive exchange of arguments. Certainly the subject in dispute - either the question of liability or the damage value claimed for - determines which steps need to be taken to find a settlement.
It will be your benefit, if you have mandated an experienced claim support - such as RAMLA - to get on with little hassle on your way for fair and full payment of car accident damages.
Unfortunately not all cases can be settled amicably and before legal court actions are required.
Theoretically a summons (the first step in curt procedures) can be issued by yourself and served on to the liable party (but you must know how and abide to the rules), hoping that this serious step will help to motivate the liable party to pay what you claimed for to repair your car accident damage.
You should consider RAMLA claim management support, as soon as you can see that the matter is not going well. You are welcome to contact RAMLA for an initial check of your car accident matters - without any cost for you.
RAMLA - Road Accident Management and Legal Action - offers a variety of very powerful but still highly affordable pre-litigation claim support solutions. Just contact our claim manager on duty to know more.
We certainly take any disputed matter to a court of law, but the goal will be solving the recovery of damages in the process before court. Court procedures in South Africa are never amicable or entertaining and will entail legal cost, before any compensation pay, after the legal battle will be won.
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What you need to have proper . . . car accident documentation!
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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
Towing industry . . .
partner with RAMLA
Towing any vehicle to safety, after a traffic accident, will be ideal to promote RAMLA highly economical and outstanding claim service to enable the party to claim or defend for material motor car damage compensation, and take part in RAMLA rewards program.
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