A MOTHER who was injured after falling in a pothole is refusing to give up her battle for compensation – more than three years after the incident.
Michelle Le’Warne had to shell out hundreds of pounds for carers to help her look after her son Peter who has cerebral palsy after the accident outside the Co-op store, in Winchester Road, Overton, left her with a sprained ankle and bruising.
She informed Hampshire County Council about the accident two days after it happened on February 4 2011, but her claim for compensation was rejected later that year.
Now the 56-year-old, of The Green, Overton, is considering employing a solicitor to fight her case.
Mrs Le’Warne, who 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, 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.
“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.”
Mrs Le’Warne first wrote to county bosses about the accident in 2011, with the council confirming the claim was being investigated. The council also apologised for the delay in repairing the hole, which took six weeks to fill in.
The issue was discussed by Overton Parish Council last month, with members agreeing to take up the matter with county councillors to find out what the procedure is for making a claim. But Hampshire County Council’s transport and environment boss, Cllr Seán Woodward, said: “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 confirmed 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.”
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