A MOTHER, who was injured after falling in a pothole, is concerned that the site where the accident happened still poses a danger to the public.

Michelle Le’Warne had to pay for carers to help her look after her disabled son, who has cerebral palsy, after the accident outside the Co-op store, in Winchester Road, Overton, which left her with a sprained ankle and bruising.

She informed Hampshire County Council (HCC) about the accident two days after it happened on February 4, 2011 – but her claim for compensation has been rejected.

However, the 56-year-old, of The Green, Overton, said her main concern is that the pothole has been repeatedly filled in, only to open up again, and she fears someone else will be injured.

Recalling what happened, she said: “I was getting out of my minibus and I fell over. Since then, the hole has been filled in a couple of times but it has then opened up again. It’s an accident waiting to happen.

“I was told (by the council) that they couldn’t give me compensation because it was over three years ago. But in that three years, I have been writing to them, so I haven’t left it to the last minute.”

In fact, The Gazette reported in 2011 that Mrs Le’Warne had written to the county council about the accident, and the council confirmed it had received the claim and it was being investigated. The council also apologised for the delay in repairing the hole, which took six weeks to fill in.

Mrs Le’Warne was unable to drive or walk properly for more than a month after the accident, and could not use crutches to get about because of bruising on her arms.

Now looking to appoint a solicitor to take up her case, she said: “I still get pains now. I was caring for my dad and my son, and it incapacitated me, so I had to get carers to come. I didn’t think about compensation at the time because I was worried about my injuries, but I was spending hundreds of pounds on care.”

The issue was discussed by Overton Parish Council at its November meeting, and the council agreed to take up the matter with county councillors to find out what the procedure is for making a claim.

Councillor Seán Woodward, HCC’s executive member for economy, transport and environment, said: “While I am sorry to hear of Mrs Le’Warne’s accident, there is no automatic right to compensation, and each claim is investigated to determine liability. It’s important to ensure that council taxpayers’ money is used appropriately.”

He said the claim was received in February, 2011, and a response sent on June 29 that year explaining that the council would not accept liability.

He added: “We heard nothing more about Mrs Le’Warne’s case until July this year when we were asked about her claim.

“The Limitation Act 1980 sets out the time limit for pursuing personal injury claims as three years, and so the time has passed for Mrs Le’Warne to pursue this through the courts.”