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03/07/2008 12:27 PM - (SA) Case closed! 04-07-2008
What the exact figure of the settlement is however, is subject to a confidentiality agreement between Mr Schoss, who was Mr Bosman's client, and the Road Accident Fund (RAF) - the tax-funded organisation established to pay compensation to the victims of wrongfully caused vehicle accidents. Mr Schoss had claimed R4-billion from the RAF in the wake of the accident that left him maimed for life. The portion paid by the Road Accident Fund is believed to be around R100-million, although this could not be confirmed at the time of going to press, and excludes the portion to be paid by the RAF's re-insurers. The claim was settled after RAF CEO Jacob Modise flew to Switzerland to negotiate with Mr Schoss ahead of the hearing, which would have taken place in October. The case was the subject of much controversy. Earlier this year, Mr Modise told Parliament: "Our country can't afford a system that enables one individual to claim a third of the total compensation paid out annually by the RAF [according to reports, about R4,9-billion in 2006/07]". Mr Bosman says the costs would have escalated substantially had the hearing - that was to be held in Switzerland - gone ahead. "We estimate some R300 000 per day over a period of two months," he says. Some 30 experts were scheduled to testify. "It's a feather in the cap for the Helderberg that there is an attorney who can take on cases like this," says Mr Bosman. Mr Schoss contracted Mr Bosman to insitute the claim while he was being treated at the Medi-Clinic in Stellenbosch and where he spent two months after being knocked off his motorcycle. Mr Schoss and a friend had been touring SA and were 10 minutes from completing their trip. A car, attempting to pass another on Baden Powell Drive, collided with Mr Schoss and the driver left him for dead. He survived, but his right arm and leg had to be amputated. Apart from the medical treatment he will need for the rest of his life, the 45-year-old Mr Schoss suffered additional trauma when his wife, with whom he had two children, divorced him. According to Mr Bosman, the substantial claim against the RAF was calculated based on Mr Schoss''s loss of income and future medical and related requirements. At the time of the accident, he headed a business empire and sat on some 10 boards of international companies of around 11-million euro per year. "The one thing [Mr Schoss] could never understand was that Mr Mana [the driver responsible for the accident] never asked about his welfare, or whether he was alive. He just disappeared from the scene," Mr Bosman says. "He's also devastated about the criminal proceedings." Police tracked down Mr Mana soon after the accident. He paid an admission of guilt fine of just R500 and was never required to appear before a court.
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