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A car accident victim should be entitled to car hire compensation.
Compensation for car hire when involved in a car accident is a critical matter in South Africa. www.RAMLA.co.za (an organisation in the consumer protection field), is of the opinion that the innocent party involved in an accident should be entitled to car hire compensation, paid by the liable party, for all the time he could not use his damaged motor car.
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RAMLA (Road accident management and Legal Action), is a specialist in material car accident management.
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A change in the present law regarding car hire compensation will have two major effects that will benefit the public, and could have a substantial impact to shorten the time it takes to fight for damage compensation.
The law as it stands today only entitles a person to car hire compensation if he is dependent on his car to do business (if the business is directly dependent to the car).
That means you are only entitled if your car is needed to do business, i.e. as sales consultant to visit your customers or as delivery car, transport, etc.
But most other people driving a car don't do that just for fun. RAMLA assumes that the majority of people need their car for transport and to reach the workplace. Even private people must use their car when going food shopping or visiting friends and family.
RAMLA cannot see the difference between the two categories. Why does one kind of person have to suffer more than the other?
A general obligation to compensate a victim of an accident with car hire expenses could have significant influence on the time the liable party takes to settle. They would try to keep the costs to a minimum.
RAMLA's experience is that the liable party or his insurance tries to delay settlement or payment for as long as possible.
This will change dramatically if they are confronted with the daily rates for car hire. The time that it takes to repair your car will shorten drastically. Economically, it will not be an option for the liable party to pay for car hire for a year, for instance. One can easily assume that these expenses will far outweigh any repair costs, and this will motivate the liable party to achieve a solution in time.
Long term procedures will only be expected if it is a complicated matter, where it is difficult to prove who the negligent or partly negligent party is.
RAMLA wants to encourage the public to comment on this matter, so that we can gather a forum of opinions to approach the government with. We would like to make the government more aware of the matter and would like to motivate for change.
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Nationwide Claim Service
SMS RAMLA to 076 770 3179
and we call you, or send an
e-mail contact.ramla@gmail.com
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