Bus injury claim dismissed after court finds passenger was dishonest

Following a recent two-day trial, a London County Court has dismissed a personal injury claim brought against East London Bus & Coach Company after the Judge found the Claimant, Ms Yvette Luzombolo, to be fundamentally dishonest. The case centred around a fall on a London bus, which Ms Luzombolo claimed was caused by the driver’s negligent driving which caused her to slip and suffer severe injuries. However, CCTV footage and surveillance evidence provided a very different version of events.

What really happened?

Ms Luzombolo had alleged that the bus was travelling “very fast” and that she fell due to sudden braking as the bus was approaching a stop. She alleged that the braking was reckless and so severe that passengers swayed in their seats, shouted in fear, and even called out to the driver. However, the CCTV footage from inside the bus showed 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.
• It was travelling at a maximum speed of 22mph and not “very fast”
• Ms Luzumbolo failed to hold onto supports available on the bus as made her way towards the exit doors, as she had contended.

Inconsistencies in her injury claims

The court also considered Ms Luzombolo’s reported injuries. She claimed serious mobility issues, chronic pain, and a “frozen shoulder” that left her unable to lift her arm”. However, surveillance footage exposed major contradictions:

• She was seen walking quickly and comfortably without using her crutch before the appointment.
• As she approached the medical clinic, she suddenly started limping and dragging her leg.
• After her appointment, she exaggerated her symptoms further, using the crutch in a way that doctors later found suspicious.
• Despite claiming she could barely move her shoulder; she was seen effortlessly tapping her Oyster card on a bus reader.

The court’s decision

The Judge found that the Claimant’s account of the accident and her reported injuries were dishonest. The court found no evidence of negligence on the part of the bus driver, finding that the bus driver had driven entirely properly at all times.  Instead, it was determined that Ms Luzombolo had been dishonest by

• exaggerating the speed of the bus and the reaction of passengers.
• exaggerating the extent of  her injuries.

As a result, her claim was dismissed. The judge also made a formal finding of fundamental dishonesty under Section 57 of the Criminal Justice and Courts Act 2015 and ordered her to pay the Defendant’s costs of defending the claim.

Conclusion

This judgement serves as a strong reminder that personal injury claims must be presented honestly and should be supported by evidence. 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, whilst unfortunately accidents do happen, this case highlights the risks of bringing exaggerated or dishonest claims.

If your business is facing personal injury claims or legal disputes, Backhouse Jones has the expertise to support you. Our specialist transport lawyers provide expert legal guidance to protect your company from fraudulent or exaggerated claims. Contact us today.

This article was written by Richard Stevinson and Louise Brown.