A woman’s personal injury claim was dismissed on the grounds of fundamental dishonesty, after the judge didn’t believe her evidence.  The claimant alleged she’d suffered injuries to her throat, after swallowing metal found in spring rolls purchased from our policyholder’s takeaway restaurant.

The policyholder, a successful Indian restaurant and takeaway in Leicester, had received a call from the claimant and immediately asked her to bring in the spring rolls.

The offending spring rolls weren’t produced to our insured and a photo submitted as evidence clearly shows a deconstructed spring roll placed next to metal shards. The claimant also chose not to come in to make a formal complaint and the information she gave was inconsistent, confusing and contradictory.

The claimant’s medical records suggested that she didn’t visit her GP to discuss the incident until three months had passed. She had in fact seen her GP a month following the incident, but made no mention of the incident at this time.

After records showed the restaurant had batch cooked and sold over hundreds of spring rolls and had received no other complaints, it was extremely unlikely that the metal shards would appear in just two out of hundreds.  At a hearing the judge said that he did not believe the evidence as it was not accurate and he did not accept the medical chronology of her claim.