×
Post New Topic

Is it true I cannot sue Uber or Lyft even if my driver gets into a horrible wreck?

{{ ratingSum }}
MatthewUrist
18
 Posted 1 year, 2 months ago

Get notified when new content is added to this thread.

Unfollow this Post

What is this I hear about how it is very difficult to sue and hold Uber liable for anything.  What the heck am I supposed to do then? Sue the driver?

The Guru Take

Featured Answers

Comments

    {{ ratingSum }}
    fpressly
    4082 Rider Driver
     1 year ago  (edited 1 year ago)

    I disagree with the majority here. In my opinion, WHO is able to use the ride share platform is ultimately up to the ride share company. How well they vette their drivers is ultimately up to them and they therefore are responsible/liable for selecting poor/incompetent drivers. How qualified/skillful someone is as a driver, their mental state, whether they have the correct insurance and whether vehicle is safe are a myriad of factors that a ride share driver should be denied access to the platform for. Any good lawyer could make hay with just one of those arguments. The fact that someone is not an employee, is just one facet of this gem. In an accident involving a ride share situation, the fact that the driver is a driver, the rider is a rider, the vehicle is in use for this purpose and the fact that all these factors come into play at one time are all things entirely controlled and made to come about by the ride share company. We could not be in this situation, at this moment in tim...

    Read more...

    I disagree with the majority here. In my opinion, WHO is able to use the ride share platform is ultimately up to the ride share company. How well they vette their drivers is ultimately up to them and they therefore are responsible/liable for selecting poor/incompetent drivers. How qualified/skillful someone is as a driver, their mental state, whether they have the correct insurance and whether vehicle is safe are a myriad of factors that a ride share driver should be denied access to the platform for. Any good lawyer could make hay with just one of those arguments. The fact that someone is not an employee, is just one facet of this gem. In an accident involving a ride share situation, the fact that the driver is a driver, the rider is a rider, the vehicle is in use for this purpose and the fact that all these factors come into play at one time are all things entirely controlled and made to come about by the ride share company. We could not be in this situation, at this moment in time, without the ride share company's ultimate control and participation. The ride share driver may not technically be an employee and the ride share not an employer; but, they are undeniably in a partnership in this enterprise.

    In legal situations partners are liable. Especially if they are in the drivers seat of the partnership. Of course all of this only matters if the ride share driver is found to be the at fault driver. Otherwise both driver and rider would look to the other drivers insurance to make them whole. If the ride share driver is at fault, he could well argue he was distracted by the rider. This is where a dashcam is invaluable.

    Read less...

    Show Hide  1 Reply
      {{ ratingSum }}
      SmittenKitten
      2002 Rider
       1 year ago

      Couldn't agree more. Of course Uber is liable for the people they partner with.  Partners, contractors, employees...Let's not get confused by the semantics here.  

    {{ ratingSum }}
    AliCommons
    31 Rider
     1 year ago

    Whomever you heard it from, they must have been talking about how the liability and faults would likely fall on the drivers as independent contractors. If there is a wreck, the liable party will be determined from those directly involved. 

    Uber will try to keep a safe distance.  The story would be very different if they were an employer, but...

    Show Hide  2 Replies
      {{ ratingSum }}
      CrazyCrayons
      145
       1 year ago

      Not sure if I agree.  Uber does background checks and looks at driving records of the drivers.  If what you say is true, they wouldn't have to do that, right?  because they won't be responsible for the performance of their drivers.

      They are vetting the drivers for a reason.

        {{ ratingSum }}
        GrearORD
        19
         1 year ago

        Well, the fact they do background checks could primarily be for press and publicity.  Not necessarily for the legal liabilities.

    {{ ratingSum }}
    ChazKillington
    38
     5 months ago

    Of course you can sue them. The driver and Uber. Enjoy

    {{ ratingSum }}
    MatthewUrist
    OP 18
     1 year ago

    Thanks! helpful.

    {{ ratingSum }}
    eForceX77
    110
     1 year ago

    No, we should totallly be suing Uber.  All of us.

    Show Hide  1 Reply
      {{ ratingSum }}
      fpressly
      4082 Rider Driver
       1 year ago  (edited 1 year ago)

      Uber rolls over people. When you are worth $72 billion you can do that. Trying to out litigate them, is a guaranteed trip to the poor house. You are better off organizing and harnessing the work force with a powerful digital solution and negotiate change.