Dad's pain over claim to dead son

Kevin Barry McClintock, aged 32, and Orla O’Reilly, originally from Cavan, were both killed when the cars in which they were travelling were involved in a collision on the main Derry to Letterkenny road on the afternoon of Friday, November 13 last year.

A year after his death Kevin’s father Tony said he was appalled when an Injuries Board claim notification dropped through the letter-box of his Dundrean Park home .

“It’s addressed to Kevin. I don’t know where they got their information from,” said Mr. McClintock.

“His mother’s seriously upset about it. I went to my solicitor and he told me just to write to them and tell them that Kevin’s deceased.

“His mother is seriously distraught. She’s been crying ever since,” he added.

Mr. McClintock explained that an inquest into the fatal collision hasn’t taken place yet. He said he was told an inquest would take place in July of this year but that didn’t happen.

“I’m disgusted. There’s no thinking at all to what they’ve done. I want to know where they get their information from or an apology at least,” he said.

When contacted by the ‘Journal’ the Injuries Board said it was unable to comment on individual cases but said the Board offered condolences to anyone who has suffered the loss of the life of their family member in an accident.

A spokesperson said: “A claimant injured in a motor accident may under the Personal Injuries Assessment Board Acts lodge a claim for damages for personal injury against another person they consider responsible.

“In that case they would give details of the accident and of the party or parties the claim is being made against and their insurance details. In a motor accident claim they would normally name the driver and/or owner of the vehicle. If the person whom the claim is made against was fatally injured in the accident, the Injuries Board is required by law to inform their representative or next of kin of the claim in writing. This is because the representative or next of kin (or insurer of the vehicle involved) have the right to decide if they wish the Injuries Board to assess the claim. If we do not receive consent to assessment the Board will issue an Authorisation which will entitle a Claimant to pursue their claim through the courts system, should they so wish. In providing written notice to the representative or next of kin of the person the claim is being made against, we wish to emphasise that this is a statutory requirement.”

The spokesperson again said the Board condoled with grieving families.

“In circumstances where a person has been fatally injured, our thoughts and sympathies are with the family of anyone involved. If the family of a person who was fatally injured do not wish to receive any further letter from us, their representative (normally a solicitor) may request us only to communicate with the representative/ their insurance company. We will of course follow their wishes in that case.”

For more information visit: www.injuriesboard.ie/eng