London County Court dismissed a personal injury claim brought against East London Bus and Coach Company – trading as Stagecoach London – after the judge found claimant Yvette Luzombolo to be fundamentally dishonest.
The case centred on a fall on a bus that Ms Luzombolo claimed was caused by the driver’s negligent driving leading her to slip and suffer severe injuries. CCTV footage and surveillance evidence showed differently, however.
The claimant’s account of the accident and her reported injuries were found to be dishonest by the court, with no evidence of negligence on the part of the bus driver. They were found to have driven entirely properly at all times.
The claim was thus dismissed. The judge also made a formal finding of fundamental dishonesty under Section 57 of the Criminal Justice and Courts Act 2015 and ordered the claimant to pay the defendant’s costs of defending the claim.
Ms Luzombolo alleged that the bus driver’s braking was reckless and so severe that passengers swayed in their seats, shouted in fear, and called out to the driver. But footage from on-bus CCTV instead demonstrated that:
- There were no visible signs of panic or distress from other passengers
- There was a smooth and controlled deceleration of the bus rather than any sudden or harsh braking
- The bus was travelling at a maximum speed of 22mph and not “very fast”
- The claimant failed to hold supports on the vehicle as she made her way towards exit doors, as she had contended.
The claimant additionally claimed serious mobility issues, chronic pain, and a frozen shoulder that left her unable to lift her arm after the fall. Surveillance footage exposed contradictions in that account.
She was seen walking quickly and comfortably without using a crutch before a medical appointment, but upon approaching the medical clinic, started to limp and drag her leg.
After the appointment, the claimant exaggerated her symptoms further, using the crutch in a way that doctors later found suspicious. Despite claiming that she could barely move her shoulder, the claimant was seen effortlessly tapping a card on a bus reader.
Ms Luzombolo was found to have been dishonest in her claim by exaggerating the speed of the bus and the reaction of the passengers, and the extent of her injuries.
The bus operator was represented by Backhouse Jones to defend the personal injury claim. “This judgement serves as a strong reminder that personal injury claims must be presented honestly and should be supported by evidence,” a spokesperson for the legal specialist says.
“Combined with careful preparation and attention to detail, surveillance footage, medical reports and CCTV can expose inconsistencies, leading to serious consequences for claimants who attempt to exaggerate their cases.
“Ultimately, while unfortunate accidents do happen, this case highlights the risks of bringing exaggerated or dishonest claims.”
The solicitor notes that it specialises in defending personal injury claims in the coach and bus sector. “Managing claims is dynamic and cannot be seen in isolation from the remainder of your business,” the spokesperson continues.
“Backhouse Jones’s service looks, feels and behaves differently from that of traditional claims handling as we draw perspective from our regulatory and compliance knowledge from your industry.” Contact Backhouse Jones for more information.
