# Can i take uber to small claims over false deactivation



## 179790 (Jun 26, 2019)

I want to take uber to small claims over a passanger lying uber refuses to reactivate me but i have proof that thy were lies please someone give me advice what do i do??


----------



## wallae (Jun 11, 2018)

damages of over six dollars an hour😂


----------



## 25rides7daysaweek (Nov 20, 2017)

Kindness said:


> I want to take uber to small claims over a passanger lying uber refuses to reactivate me but i have proof that thy were lies please someone give me advice what do i do??


Sign up for lyft. 
I'm sorry but 
may God have mercy on your soul
Welcome to u/p.net....


----------



## 179790 (Jun 26, 2019)

25rides7daysaweek said:


> Sign up for lyft.
> I'm sorry but
> may God have mercy on your soul
> Welcome to u/p.net....


I did do that but i want to sue uber now i dont know what to do or if i can i heard people do this and i need advice


----------



## KevinJohnson (Mar 23, 2020)

Kindness said:


> I want to take uber to small claims over a passanger lying uber refuses to reactivate me but i have proof that thy were lies please someone give me advice what do i do??


You can sue anyone sure. What is the cost $75? Worth a shot right. They can't deactivate you twice.


----------



## wallae (Jun 11, 2018)

UBER wrongful deactivation lawyer - Downtown LA Law Group


UBER Wrongful Deactivation Lawyer You may drive Uber for a few hours a week for extra income or you may drive full time to make ends meet. No matter what the circumstances, you should be treated properly and fairly by the company. If Uber does not treat you well and chooses to deactivate you, you




downtownlalaw.com


----------



## 179790 (Jun 26, 2019)

wallae said:


> UBER wrongful deactivation lawyer - Downtown LA Law Group
> 
> 
> UBER Wrongful Deactivation Lawyer You may drive Uber for a few hours a week for extra income or you may drive full time to make ends meet. No matter what the circumstances, you should be treated properly and fairly by the company. If Uber does not treat you well and chooses to deactivate you, you
> ...


I messaged them before they didnt help me


----------



## Illini (Mar 14, 2019)

Why are you suing Uber if your passenger lied? Sue your passenger.


----------



## Classical Telecaster (Dec 12, 2019)

Best case scenario is you would get a default judgment when they fail to appear. You know what that is worth? The value of used toilet paper.


----------



## 179790 (Jun 26, 2019)

KevinJohnson said:


> You can sue anyone sure. What is the cost $75? Worth a shot right.





Illini said:


> Why are you suing Uber if your passenger lied? Sue your passenger.


I cant if i dont have their names


----------



## NicFit (Jan 18, 2020)

Kindness said:


> I cant if i dont have their names


You can get their names through a subpoena, get a lawyer and have them figure it out. If you aren't hiring a lawyer then you aren't serious enough


----------



## Daisey77 (Jan 13, 2016)

Kindness said:


> I cant if i dont have their names


You sue Jane Doe then subpoena Uber to get the passenger information. Once you get it then you go back and change the name from Jane Doe to the actual passenger


----------



## Valar Dohaeris (May 25, 2019)

Kindness said:


> I did do that but i want to sue uber now i dont know what to do or if i can i heard people do this and i need advice


You need punctuation.


----------



## SHalester (Aug 25, 2019)

you can sue anybody. Is it worth the time and filing fee? And your damages are capped....


----------



## Seamus (Jun 21, 2018)

Did you waive the "Binding Arbitration" Clause in the contract you agreed to? If not for a mere $1,500 you can file an arbitration claim!


----------



## 179790 (Jun 26, 2019)

Seamus said:


> Did you waive the "Binding Arbitration" Clause in the contract you agreed to? If not for a mere $1,500 you can file an arbitration claim!


I think in cal their arbitrations dont work and i made sure to opt out before they deactivated me i decided to just go file anyways idc anymore uber screwed me over and i have all the proof i need



SHalester said:


> you can sue anybody. Is it worth the time and filing fee? And your damages are capped....


Yah it is because uber is evil


----------



## SHalester (Aug 25, 2019)

Kindness said:


> Yah it is because uber is evil


pretend we are the judge. Present your case and evidence.


----------



## 179790 (Jun 26, 2019)

NicFit said:


> You can get their names through a subpoena, get a lawyer and have them figure it out. If you aren't hiring a lawyer then you aren't serious enough


I need sue uber first because they sided with the psaanger and their lies with their "investigation" they are just as guilty! Then i go for the riders &#128545;



SHalester said:


> pretend we are the judge. Present your case and evidence.


I dont need uber people lurking my thread

Too*


----------



## RideShare_Hustler (Jun 18, 2020)

Take them to the Supreme Court, be our hero that we need but don’t deserve.


----------



## SHalester (Aug 25, 2019)

Kindness said:


> I dont need uber people lurking my thread


well, you know, Uber will 'see' your case (if they decide to even show up) eventually.

OK, how many false accusations have you had? Do you have video of each one? What damages are you looking for?

and most importantly: how much time will this take away from you 'working' and making $$?


----------



## NicFit (Jan 18, 2020)

Kindness said:


> I need sue uber first because they sided with the psaanger and their lies with their "investigation" they are just as guilty! Then i go for the riders &#128545;
> 
> 
> I dont need uber people lurking my thread
> ...


Pointless to go after Uber, they will cite the information they got from the rider as why you were deactivated. Then Uber will say they followed this law in regards to the complaint. Go for the rider, Uber just acted on the information and it'll be a waste to go after Uber. You think going after Uber will do something but unless you have a reason besides the rider complaint then Uber isn't responsible for your deactivation. You can argue about this all day that Uber did this and that but you'll get no where, don't bother with Uber, go straight for the rider


----------



## The Gift of Fish (Mar 17, 2017)

Kindness said:


> I want to take uber to small claims over a passanger lying uber refuses to reactivate me but i have proof that thy were lies please someone give me advice what do i do??


I don't see that you have a case against Uber - Ubering is not a job, you're not an employee and therefore you were not dismissed, let alone unfairly dismissed. Uber is simply declining to offer you more work.

If you can prove that the pax lied about you to Uber then you would have a case against the pax for slander, and could sue for the economic damages related to Uber deactivating you.


----------



## Launchpad McQuack (Jan 8, 2019)

Kindness said:


> I think in cal their arbitrations dont work and i made sure to opt out before they deactivated me


You have to opt out within a certain number of days of signing the contract, not simply before you get deactivated. Unless California law on arbitration is different.

Also, you have to do it every time you sign a new or updated contract. If you fail to opt out one time, then the arbitration provision goes into effect and lasts forever. Again, unless California law on arbitration is different.



NicFit said:


> If you aren't hiring a lawyer then you aren't serious enough


The whole point of small claims court is that individuals can do it without a lawyer. That's what small claims court is for.


----------



## New2This (Dec 27, 2015)

Kindness said:


> I think in cal their arbitrations dont work and i made sure to opt out before they deactivated me i decided to just go file anyways idc anymore uber screwed me over and i have all the proof i need
> 
> 
> Yah it is because uber is evil


Your phone is pregnant or going through menopause because it's missing periods.

Look for a thread by @Phoenix123 in the L.A. Board. He took Lyft to court.

Different circumstances but it's a roadmap for how to successfully take them to court.


----------



## 179790 (Jun 26, 2019)

Launchpad McQuack said:


> You have to opt out within a certain number of days of signing the contract, not simply before you get deactivated. Unless California law on arbitration is different.
> 
> Also, you have to do it every time you sign a new or updated contract. If you fail to opt out one time, then the arbitration provision goes into effect and lasts forever. Again, unless California law on arbitration is different.
> 
> The whole point of small claims court is that individuals can do it without a lawyer. That's what small claims court is for.


Thank u thts why i wanna go to small claims since lawyers dont wanna deal with me or my
Case


----------



## NicFit (Jan 18, 2020)

Launchpad McQuack said:


> You have to opt out within a certain number of days of signing the contract, not simply before you get deactivated. Unless California law on arbitration is different.
> 
> Also, you have to do it every time you sign a new or updated contract. If you fail to opt out one time, then the arbitration provision goes into effect and lasts forever. Again, unless California law on arbitration is different.
> 
> The whole point of small claims court is that individuals can do it without a lawyer. That's what small claims court is for.


You can do it without a lawyer but it'll look a lot better when you do have one. Plus a lawyer knows how to get the information like the rider who complained and provide advice on how to proceed instead of listing to a bunch of random people on the internet. This isn't a small issue like a speeding ticket or just someone owes him some money, this is his work, worth tens of thousands of dollars. For that amount it justifies paying a lawyer to sort this out. I do believe this is not handled in small claims as this is a civil matter. Slander is a criminal matter, and just briefly looking up on how to sue for slander the advice all says go see an attorney


----------



## 179790 (Jun 26, 2019)

The Gift of Fish said:


> I don't see that you have a case against Uber - Ubering is not a job, you're not an employee and therefore you were not dismissed, let alone unfairly dismissed. Uber is simply declining to offer you more work.
> 
> If you can prove that the pax lied about you to Uber then you would have a case against the pax for slander, and could sue for the economic damages related to Uber deactivating you.


In California ab5 is in effect so i am an employee and ubers arbitration are rendered useless ima take em to small claims and update u guys when i win


----------



## WindyCityAnt (Feb 24, 2019)

Kindness said:


> In California ab5 is in effect so i am an employee and ubers arbitration are rendered useless ima take em to small claims and update u guys when i win


LOL! Good luck with that!

Do you realize Ubers largest "overhead" in economics? &#129300;


----------



## New2This (Dec 27, 2015)

Kindness said:


> In California ab5 is in effect so i am an employee and ubers arbitration are rendered useless ima take em to small claims and update u guys when i win


Good luck. Don't be too surprised when the judge awards you $1. You are an Uber driver after all &#129335;‍♂


----------



## wallae (Jun 11, 2018)

New2This said:


> Good luck. Don't be too surprised when the judge awards you $1. You are an Uber driver after all &#129335;‍♂
> 
> View attachment 529338


&#128514; For savings the banks 1 million dollars I give you


----------



## SuzeCB (Oct 30, 2016)

SHalester said:


> you can sue anybody. Is it worth the time and filing fee? And your damages are capped....


In my state, filing fee in Small Vlaims is $15.

This is the whole point of Small Claims Court.


----------



## UberBastid (Oct 1, 2016)

Kindness said:


> I did do that but i want to sue uber now i dont know what to do or if i can i heard people do this and i need advice


My lawyer told me once that he will sue anyone I point to.
"And I will go as far as .... you can afford to pay for. My retainer for a civil case is $25,000."

But, I am so glad you asked for advice.
I will give you some.

First, as someone already suggested, sign up for a different RS gig.
Then ... start a program to get away from RS.

This was my MO for almost two years that I drove:
I only picked up at the times and places where the right people were going to be.
I worked at 5am. I took people to catch their flights because they were business people.
I took people to work.
I worked at 4pm. I took people home from work. I took them to dinner and drinks with friends and family.

Some of us set a $ goal; we drive till we hit that mark.
Not me.
I set a # goal. The number of people I got to pitch.
I wanted to average one per hour.

I talked to EVERY one of them about my favorite subject: *me*. It was part of the cost of the ride. Either put up with my pitch - or walk. 
I would ask them what they did for a living ... "Oh wow, that's interesting ..." Maybe a couple of questions, then ...
I gave them a sixty second resume about ... ME.
"I have a four year degree in Business Admin and Economics. Years of experience in valuation of real and personal property ..."
Then I asked them if they knew of a job in the company they work for for someone with my skills.
IF they said 'no', I'd ask about their competition ... any room there?
No? "Looks like we here. Thanks for the call .. bye"

NEXT!

I did NOT pick up in the ghetto, at colleges, at bars at 1am. NONE of those people are going to be able to help me.
I did NOT GAF about tips, stars, complaints, kudos ... just didn't care. Didn't fit into my business model.
Uber would send me a text about not accepting enough? Tough titty kitty, get over it.
If my ap fired up tomorrow ... good. If not ... well, shit jobs are easy to find.

I did that for months. I'd get two or three good leads a week.
Actually turned down a couple of other shit jobs.
Then, one of the frogs I kissed turned into a Prince; and I found a home.
I don't suck Uber's schlong any more.

This gig IS a great opportunity to meet a lot of people, a lot of different people. And you have them captive in a small compartment for a fixed period of time. 
Leave the radio OFF, they need to listen to YOU.

Every once in a while one of them can help -- and will help if you ask.
It's an odds game.
Ask.
Ask.

I doubt that you'll take my advice.
Most people just come here to piss and moan.

How about you?
Got the guts to make a change?


----------



## SHalester (Aug 25, 2019)

SuzeCB said:


> This is the whole point of Small Claims Court.


I'm aware the filing fees is small, but so are the possible damages/rewards. The bigger point is the time suck. Plus, unsure the OP can even go directly to small claims vs arbitration. You can't just 'opt out' when you want; there is time-limit each time the agreement is updated.

I suspect there are more details to this 'claim'.


----------



## NicFit (Jan 18, 2020)

Kindness said:


> In California ab5 is in effect so i am an employee and ubers arbitration are rendered useless ima take em to small claims and update u guys when i win


No, Prop 22 passed, your still an independent contractor until further notice. Go see a lawyer as you don't seem to have everything figured out. Regardless of what you think the process is the same, a lawyer at this point would be in your best interest and they'll advise you on how to proceed. If they tell you to go after Uber then go for it but if they say go for the rider then listen to them. You might be upset now but when you finally realize it that going after the rider is your best chance to drive for Uber again you'll do it. But since you don't seem to want to listen to me I'm done here, good luck &#128075;


----------



## Illini (Mar 14, 2019)

Kindness said:


> I need sue uber first because they sided with the psaanger and their lies with their "investigation" they are just as guilty! Then i go for the riders &#128545;


Are you going to sue us if we side with the passenger?
How do you know Uber lied about their investigation? Are you able to prove they lied?


----------



## WindyCityAnt (Feb 24, 2019)

This person sounds a lot like our current president. &#129320;



Illini said:


> Are you going to sue us if we side with the passenger?
> How do you know Uber lied about their investigation? Are you able to prove they lied?


Am i being illogical, or am missing something here? &#129300;


----------



## 12345678 (Jan 8, 2019)

What are you trying to achieve, money or get reactivated? Small claims can’t make them reactivate you.
if lawyers don’t want to take your case you are probably not going to win, lawyers like money and like to win, so them must think the case has no merit. Also you never explained what the issue was.


----------



## Demon (Dec 6, 2014)

Kindness said:


> I want to take uber to small claims over a passanger lying uber refuses to reactivate me but i have proof that thy were lies please someone give me advice what do i do??


You don't have any grounds to sue Uber. Sure you could file it, but you'll be laughed out of court.


----------



## 179790 (Jun 26, 2019)

NicFit said:


> No, Prop 22 passed, your still an independent contractor until further notice. Go see a lawyer as you don't seem to have everything figured out. Regardless of what you think the process is the same, a lawyer at this point would be in your best interest and they'll advise you on how to proceed. If they tell you to go after Uber then go for it but if they say go for the rider then listen to them. You might be upset now but when you finally realize it that going after the rider is your best chance to drive for Uber again you'll do it. But since you don't seem to want to listen to me I'm done here, good luck &#128075;


No prop 22 has not taken effect i see the paid uber trolls found my post dont worry ima sue then sue ur riders bye



Demon said:


> You don't have any grounds to sue Uber. Sure you could file it, but you'll be laughed out of court.


Yah i do watch me



12345678 said:


> What are you trying to achieve, money or get reactivated? Small claims can't make them reactivate you.
> if lawyers don't want to take your case you are probably not going to win, lawyers like money and like to win, so them must think the case has no merit. Also you never explained what the issue was.


Money for all the damage uber inflected upon me depression exhaustion almost ended up homeless ect


----------



## Boca Ratman (Jun 6, 2018)

Kindness said:


> No prop 22 has not taken effect i see the paid uber trolls found my post dont worry ima sue then sue ur riders bye
> 
> 
> Yah i do watch me
> ...


What was the pax's allegation?


----------



## Amos69 (May 17, 2019)

RideShare_Hustler said:


> Take them to the Supreme Court, be our hero that we need but don't deserve.


YEAH! and make sure you are wearing a sexy outfit.

I like my hero's to wear sexy outfits!


----------



## Cvillegordo (Oct 30, 2019)

You might be able to get an attorney to put a class action suit together. There are 10s of thousands like you I imagine. It will take a few years, Uber will settle out of court and you'll all get $1.29


----------



## NicFit (Jan 18, 2020)

Kindness said:


> No prop 22 has not taken effect i see the paid uber trolls found my post dont worry ima sue then sue ur riders bye
> 
> 
> Yah i do watch me
> ...


They stopped trying to enforce AB5 and it was never implemented, Prop 22 takes affect on January 1st but they never made the drivers employees, you clearly don't have a clue at laws or reality, you won't ever get anything done but talk here, and I bet the deactivation was all your fault.


----------



## UberBastid (Oct 1, 2016)

Demon said:


> Sure you could file it, but you'll be laughed out of court.


... and force Uber to spend a few bucks to defend it, or risk losing it.

Has anyone _ever_ been in a spot where you just _knew_ that if you knocked that guy on his ass you'd go to jail that night and it would cost you a hundred bux? and you did it anyway?
Maybe I'm the only one ... but, every once in a while I just get it in my head that ''you just ****ed with the wrong guy - here, let me prove it." 
I understand that wars are expensive - but sometimes ya just gotta ...


----------



## 58756 (May 30, 2016)

According to arbitration agreement you signed, you gotta do arbitration through Ubers chosen party.


----------



## Amos69 (May 17, 2019)

UberBastid said:


> ... and force Uber to spend a few bucks to defend it, or risk losing it.
> 
> Has anyone _ever_ been in a spot where you just _knew_ that if you knocked that guy on his ass you'd go to jail that night and it would cost you a hundred bux? and you did it anyway?
> Maybe I'm the only one ... but, every once in a while I just get it in my head that ''you just @@@@ed with the wrong guy - here, let me prove it."
> I understand that wars are expensive - but sometimes ya just gotta ...


Washington and Hawaii are mutual combat states. As long as I can get them to agree.....


----------



## Demon (Dec 6, 2014)

UberBastid said:


> ... and force Uber to spend a few bucks to defend it, or risk losing it.
> 
> Has anyone _ever_ been in a spot where you just _knew_ that if you knocked that guy on his ass you'd go to jail that night and it would cost you a hundred bux? and you did it anyway?
> Maybe I'm the only one ... but, every once in a while I just get it in my head that ''you just @@@@ed with the wrong guy - here, let me prove it."
> I understand that wars are expensive - but sometimes ya just gotta ...


Uber wouldn't be out a dime, the case would be laughed out of court as Uber hasn't done anything actionable.


----------



## UberBastid (Oct 1, 2016)

Demon said:


> Uber wouldn't be out a dime, the case would be laughed out of court as Uber hasn't done anything actionable.


I dunno where you live, but where I live ... judges do not laugh.
I have never been in front of a judge with a sense of humor -- I've tried to get a smile. No luck.

When a legal document is filed in my home town in the US, especially a small claims suit, it will be heard.
It may be a very brief hearing .... but, your complaint will be heard.
If one side doesn't show up -- guess what ... they lose.

I have spent no small amount of time in civil courts in California, and I have seen some very large corporations have to appear, or lose. Companies that are on the NY Stock exchange.

There's a whole legal industry, lawyers that specialize in being an "appearance attorney". General Motors sends him an email with a brief description of the case, attachments, a court date and an offer of a hundred dollars to appear for an hour. It's kind of like Uber for lawyers. In big cities I'm sure it's more than a hundred bux, but ... this is Redding ....

I was named in a lawsuit as a defendant, Chase Bank, NA was the complainant. 
I showed up, on time ... hair combed, teeth brushed.
They did not.
Somebody screwed up, eh?
I won, and they can't refile.

OH, AND I ALMST FORGOT: The judge fined them a thousand dollars for 'wasting the courts time' for not showing up.


----------



## hooj (Aug 18, 2018)

Kindness said:


> I did do that but i want to sue uber now i dont know what to do or if i can i heard people do this and i need advice


It's over. This is why you cannot rely on Uber as a sole source of income.


----------



## _Tron_ (Feb 9, 2020)

Certainly hope you DO file! Then let us know what happened. As a few have pointed out you may not get very far though. Follow up on that tip to locate the thread of the driver who sued Lyft. You have been given some good pieces of advice otherwise in this thread, except I would ignore all that @NicFit had to offer.

If you do choose to proceed, Small Claims Court is an interesting process. Be advised that in California, if the defendant loses the case all they have to do is stay in the courthouse and go file a 1 page document with the clerk that stays the verdict and bumps the case to Superior court. Then you need that attorney.

In the meantime, if this is a point of principle for you, and you do file, you can download some documents from NOLO press, plus what's on the County website, to get you oriented. Also seek out a free small claims clinic offered by lawyers in some counties of the state. My county has one.

Once you have filed, there is a process whereby you can subpoena information related to the case. That _may_ get you the riders info. I don't know.

Also be advised that the individual JUDGE has a lot of leeway within the structure of the law. These dudes are not monolithic. They have _personalities_, and that can work for you or against you. The whole Uber thing is politically charged. If you get a judge that has had it up to here with Uber, who knows? There is also the possibility that Uber, after being served, will suddenly find an error related to your deactivation and put you back on the game grid (that's a Tron reference).

Keep hammering away at getting to the case law about what happens when other drivers have taken U/L to court over deactivation. Report back here on how it's going.

_Disclaimer: I'm not an attorney but I've taken a number of weasels to small claims count. Caltrans and UPS to name two._


----------



## Demon (Dec 6, 2014)

UberBastid said:


> I dunno where you live, but where I live ... judges do not laugh.
> I have never been in front of a judge with a sense of humor -- I've tried to get a smile. No luck.
> 
> When a legal document is filed in my home town in the US, especially a small claims suit, it will be heard.
> ...


All it would take is a motion to dismiss, which would be granted since Uber didn't do anything which would warrant them being sued.



Kindness said:


> No prop 22 has not taken effect i see the paid uber trolls found my post dont worry ima sue then sue ur riders bye
> 
> 
> Yah i do watch me
> ...


I
ll bite, on what grounds do you have to sue Uber?


----------



## UberBastid (Oct 1, 2016)

_Tron_ said:


> in California, if the defendant loses the case all they have to do is stay in the courthouse and go file a 1 page document that stays the verdict and bumps the case to Superior court


Yea, true, but do you know what it costs to file in Superior Court? A lot.
An appeal to a 'higher court of record' would be better; but the presumption there is that the original judge did it right and the appellant has the burden of proof.


_Tron_ said:


> Then you need that attorney.


... and, so do THEY. Costs go up for BOTH parties. 


_Tron_ said:


> Disclaimer: I'm not an attorney but I've taken a number of weasels to small claims count. Caltrans and UPS to name two.


ME TOO.
I _love_ small claims court.
It's the best part of Cali law, and you can file for up to $10k.
One drawback is that it's for actual damages, or out-of-pocket only.

My big name wins are Geico Insurance and California Highway Patrol.


----------



## Escoman (Jun 28, 2016)

Daisey77 said:


> You sue Jane Doe then subpoena Uber to get the passenger information. Once you get it then you go back and change the name from Jane Doe to the actual passenger


You have to supena Uber for all their reports and investigation records. I had 2 false dui claims .both passengers signed affidavits reports were false. Went back to Uber they said we don't care your deactivated


----------



## UberBastid (Oct 1, 2016)

Demon said:


> All it would take is a motion to dismiss, which would be granted since Uber didn't do anything which would warrant them being sued.


You probly right, but ... think about it
WHO draws up that motion to dismiss?
A lawyer, right.

Sometimes when someone becomes a pain in their ass, a big pain, you get a phone call ... "What's up? What do you want?"


----------



## Demon (Dec 6, 2014)

UberBastid said:


> You probly right, but ... think about it
> WHO draws up that motion to dismiss?
> A lawyer, right.
> 
> Sometimes when someone becomes a pain in their ass, a big pain, you get a phone call ... "What's up? What do you want?"


This wouldn't be a pain in Uber's ass. Their lawyer who they are already paying writes a motion to dismiss files it with the court.


----------



## New2This (Dec 27, 2015)

UberBastid said:


> You probly right, but ... think about it
> WHO draws up that motion to dismiss?
> A lawyer, right.
> 
> Sometimes when someone becomes a pain in their ass, a big pain, you get a phone call ... "What's up? What do you want?"


You realize you're arguing with the resident UPNet contrarian right? He will say water's not wet just because you say it is.


----------



## Demon (Dec 6, 2014)

New2This said:


> You realize you're arguing with the resident UPNet contrarian right? He will say water's not wet just because you say it is.


Sorry, I had no idea your feelings would be hurt so much by providing you correct information. I'll be more considerate in the future.


----------



## MichaelMax (Jan 5, 2017)

If it's not your fault, there are plenty of lawyers on TV that say they kick their arse in court. But, only if it's not your fault, fair weather friends they are.


----------



## NicFit (Jan 18, 2020)

_Tron_ said:


> Certainly hope you DO file! Then let us know what happened. As a few have pointed out you may not get very far though. Follow up on that tip to locate the thread of the driver who sued Lyft. You have been given some good pieces of advice otherwise in this thread, except I would ignore all that @NicFit had to offer.
> 
> If you do choose to proceed, Small Claims Court is an interesting process. Be advised that in California, if the defendant loses the case all they have to do is stay in the courthouse and go file a 1 page document with the clerk that stays the verdict and bumps the case to Superior court. Then you need that attorney.
> 
> ...


I said get a lawyer and go after the rider, unless Uber did something fraudulent in the deactivation he's going to get nowhere with trying to go after Uber. They have teams of lawyers and they'll cite where the op agreed to the terms and what he did to get deactivated which the op probably violated. Since I'm not hearing details the op probably got accused of something he did and he's now trying to sue Uber over because he thinks he didn't do what the rider accused him of. If the op wants a chance at driving again don't go after Uber just because they sided with the rider, go after the rider since they are party that made the report that Uber had to follow. You guys are so dense when it comes to this, my advice is to stop listen to random on the internet people including myself and consult an attorney. But that's not what to op wants to do, and I don't care anymore, I don't think the op will do anything at this point but talk about it here


----------



## smithers54 (Jan 7, 2019)

you sue all you want and get the judgment. The hard part is collecting the money.. It it really worth the time and money,,,prob not


----------



## UberBastid (Oct 1, 2016)

New2This said:


> You realize you're arguing with the resident UPNet contrarian right? He will say water's not wet just because you say it is.


I hate to (dis)agree, but, I think we're agreeing.


----------



## kingcorey321 (May 20, 2018)

Yes you can sue the passenger for your states maximum .
Here its 5000. You more then likely will win. They wont show up to fight it .
Ok REALITY check . This pandemic is killing 2000 people a day. People losing there homes .
People are going homeless 
Jobs are now limited to fry cooks .
You win. You will never collect a penny . Nothing will happen .


----------



## UberBastid (Oct 1, 2016)

Demon said:


> This wouldn't be a pain in Uber's ass. Their lawyer who they are already paying writes a motion to dismiss files it with the court.


Every state is different.
In California, there isn't any motions accepted in regards to a Small Claims.
I think there is a "Request For Dismissal" (form 917 I think) but they are almost never granted, unless the plaintiff is a known serial frivolous filer. 
ANYway, small claims court is the little guy's friend. The plaintiff almost always wins; just present your case as concisely and factually with as much documentation as possible and ... you'll win.
That has been my experience.


----------



## Demon (Dec 6, 2014)

UberBastid said:


> Every state is different.
> In California, there isn't any motions accepted in regards to a Small Claims.
> I think there is a "Request For Dismissal" (form 917 I think) but they are almost never granted, unless the plaintiff is a known serial frivolous filer.
> ANYway, small claims court is the little guy's friend. The plaintiff almost always wins; just present your case as concisely and factually with as much documentation as possible and ... you'll win.
> That has been my experience.


Your anecdotes don't mean anything. The OP has no grounds to file suit. Uber can remove any driver from the platform for any reason at all.


----------



## K boy (Oct 16, 2020)

How To Sue Uber in Small Claims Court and WIN [Completely Free]


Sue Uber and win, despite what your contract says. Read this to understand what cases can be, or can't be won by suing Uber in small claims court.




donotpay.com


----------



## Westerner (Dec 22, 2016)

Kindness said:


> I want to take uber to small claims over a passanger lying uber refuses to reactivate me but i have proof that thy were lies please someone give me advice what do i do??


File a grievance with your union rep.


----------



## dauction (Sep 26, 2017)

Kindness said:


> I want to take uber to small claims over a passanger lying uber refuses to reactivate me but i have proof that thy were lies please someone give me advice what do i do??


They can deactivate you for any reason at all. They don't even need a reason...same as most employers.

No one owes you/us the gig or Job.

Unless you have a contract with them or through a union ...thats life


----------



## DudeUbering (Sep 21, 2017)

After reading this, I need to sue someone for the 5 minutes of my life I will never get back...


----------



## rkozy (Apr 5, 2019)

You can sue anybody for anything in small claims court. Prevailing in such a matter, however, requires extensive proof that has legal merit. That TOS box you checked when becoming an Uber driver pretty much guarantees you will lose any case you file.


----------



## UberBastid (Oct 1, 2016)

rkozy said:


> You can sue anybody for anything in small claims court. Prevailing in such a matter, however, requires extensive proof that has legal merit. That TOS box you checked when becoming an Uber driver pretty much guarantees you will lose any case you file.


IF Uber hires a lawyer to show up with a copy of the TOS.
IF

But, the judge can do just about anything he or she wants to do.
You have the right to appeal if you think it's a wrong decision.


----------



## dmoney155 (Jun 12, 2017)

Kindness said:


> I want to take uber to small claims over a passanger lying uber refuses to reactivate me but i have proof that thy were lies please someone give me advice what do i do??


Totally. Best thing that could've happened to you... I had exact same thing happen to me... I used my guy and got a pretty good deal.. how good you ask? lets just say Im on an island bathing in sun with hot babes surrounding me.... and driving around for peanuts are over. Send me $10,000 in bitcoins and I'll arrange a meeting with my guy.



Kindness said:


> I messaged them before they didnt help me


Dude, use my guy, only $10,000.



New2This said:


> Good luck. Don't be too surprised when the judge awards you $1. You are an Uber driver after all &#129335;‍♂
> 
> View attachment 529338


He will be told the he will get tip in the app.


----------



## Stevie The magic Unicorn (Apr 3, 2018)

If you can PROVE the customer is lying i would take the customer to court as John/Jane doe, Subpoena uber for their contact info then take the customer to small court.

But only if you can _prove_ it...

Then you can sue for the loss in income based upon their lie. which is a textbook Iibel/Slander/defamation case.

Damage to reputation, loss wages, lost income...

That's what you sue for, since the passengers lies effected your reputation with uber it would be a textbook defamation case.


----------



## The Gift of Fish (Mar 17, 2017)

Kindness said:


> In California ab5 is in effect so i am an employee and ubers arbitration are rendered useless ima take em to small claims and update u guys when i win


Cool bro hopeya git da big dolla from dem foos.


----------



## Immoralized (Nov 7, 2017)

To the OP if he hasn't already been beaten to death by the mobs on here :biggrin: You don't have a case with Uber and it'll be dismissed but you'll know that when you go through the motions.

You'll then go after the rider and most likely the rider doesn't have a penny next to their name and that why they are scamming rides off you so you'll win that but you'll never collect on it. What you can do with that is show Uber "if they were listen to you or even want you back after you attempted to sue them... Most likely not." Is evidence that the rider was dishonest and you won that case.

Some people can do this themselves but others going to need someone else to hold their hands and a lawyer hand is out of reach because he not going to do a pro-bono as his not going to get any money from either uber or the rider. A lawyer however will take ur money all day as long as you pay the $10k-100k or whatever retainer they ask for and then whatever hourly expenses that is incurred because they are been paid. The moment you run out of cash is the day they'll drop ur case.

You are not the 1st that wants to sue Uber as Uber been sued hundreds of times and most of those times the cases are still ongoing and have been ongoing for years. The settlements they make are pennies on the dollar and spread out over thousands of claimants. Who ultimately benefits? The lawyers on both sides of the party getting the lion-share of the deal :roflmao:


----------



## SuzeCB (Oct 30, 2016)

SHalester said:


> I'm aware the filing fees is small, but so are the possible damages/rewards. The bigger point is the time suck. Plus, unsure the OP can even go directly to small claims vs arbitration. You can't just 'opt out' when you want; there is time-limit each time the agreement is updated.
> 
> I suspect there are more details to this 'claim'.


No arbitration agreement between driver and pax. Sue the pax. That's always been my position on this stuff.

If U/L deactivates a driver because of multiple claims (which there almost always are for permanent deactivation), are they really wrong? Of course not! (Don't worry, they're wrong about a lot of other stuff!)

It's the PAX that lied, and that lie cost the driver money. Arbitration with U/L doesn't even come into play.


----------



## Asificarewhatyoudontthink (Jul 6, 2017)

Kindness said:


> I want to take uber to small claims over a passanger lying uber refuses to reactivate me but i have proof that thy were lies please someone give me advice what do i do??


No, see the arbitration clause you agreed to when you signed up.


----------



## 58756 (May 30, 2016)

Asificarewhatyoudontthink said:


> No, see the arbitration clause you agreed to when you signed up.


Most drivers don't even read it and just hit I agree, same with customers.


----------



## SHalester (Aug 25, 2019)

SuzeCB said:


> It's the PAX that lied, and that lie cost the driver money


well, I hope driver has a video, a lot of money and time, to prove all that to the point a judge would cough up an order requiring Uber to release the pax info. 
Have a backup gig; path of least resistance.


----------



## SuzeCB (Oct 30, 2016)

SHalester said:


> well, I hope driver has a video, a lot of money and time, to prove all that to the point a judge would cough up an order requiring Uber to release the pax info.
> Have a backup gig; path of least resistance.


Why a lot of money? In NJ, filing in SC is $15. Once the link putting Uber in as the one holding the info, you can have a friend serve them at any GLH.

Everyone makes it sound like this is so complicated and money and time consuming. If you sue the pax for not only the estimated expected income lost because of their slander and defamation, but also for punitive damages, you're talking about getting thousands of dollars.

It's NOT difficult. It's NOT expensive. It's NOT complicated (the court clerk will help you with getting the right forms and tell you the basic, necessary steps (but will not answer or counsel any legal issues). It won't take years to complete. In NJ, it can take as little as one month, but you're not "working" on it for all that time.

If you've been keeping records like you should have anyway, you'll have as much evidence as you could possibly need.


----------



## SHalester (Aug 25, 2019)

SuzeCB said:


> It's NOT difficult. It's NOT expensive. It's NOT complicated


ok, I can grant all that. It will be a time suck, and one still needs to convince the judge and Uber won't send a rookie to defend 'it's' side.

Not quite easy or as open and shut as portrayed here. And is it really just ONE pax complaint that does the deed? Something to noodle on when deciding to 'stand your ground'. Every single complaint will be aired; whether true or not.

About here you say " oh no it is against the pax' oh, can a driver prove it was just one pax complaint? No, so Uber would be involved.

There have been a few successes posted here, but not very many. Gewd ruck to those who go for it. Best to have a backup gig ready to go.


----------



## SuzeCB (Oct 30, 2016)

SHalester said:


> ok, I can grant all that. It will be a time suck, and one still needs to convince the judge and Uber won't send a rookie to defend 'it's' side.
> 
> Not quite easy or as open and shut as portrayed here. And is it really just ONE pax complaint that does the deed? Something to noodle on when deciding to 'stand your ground'. Every single complaint will be aired; whether true or not.
> 
> ...


Since you're not suing Uber, no Uber attorney necessary. There ARE drivers who have done this, managed to get judgements that max out SC caps, and get the stuff removed from their U/L records afterwards. One guy has even managed to collect on 3 that he's done.

It's all in what you include in the subpoena for discovery. You want every bit of info about the pax you can get. Names, addresses, all the complaints they've made, all the complaints and downrates drivers made against them, etc.

Uber doesn't want to go to court. Once handed a subpoena for evidence, they WILL comply. Contractually, however, with both drivers and pax, they CAN'T until there is a subpoena.


----------



## SHalester (Aug 25, 2019)

SuzeCB said:


> Since you're not suing Uber, no Uber attorney necessary.


Judge: How do you know this pax got you terminated
Ding Dong: I know it was this pax, because they were mean to me
Judge: How many complaints have you received.
Ding Dong: Oh, a few, But I know I know I know this last one was the one where Uber kicked me to the curb
Judge: Dismissed. Next.


----------



## SuzeCB (Oct 30, 2016)

SHalester said:


> Judge: How do you know this pax got you terminated
> Ding Dong: I know it was this pax, because they were mean to me
> Judge: How many complaints have you received.
> Ding Dong: Oh, a few, But I know I know I know this last one was the one where Uber kicked me to the curb
> Judge: Dismissed. Next.


Judge: How do you know this pax got you terminated?
Driver: Your Honor, after receiving notice from Uber that I was being deactivated because of X, I knew that the complaint was, at best, incorrect because I didn't do X. The complaint was not true. Since I was losing money, I decided to hold the pax who did this to me responsible for the losses incurred for his/her slander and defamation of my character. I filed suit, and obtained, via subpoena, information as to the pax' identity and the details of the complaint that Uber wouldn't otherwise share, and this is the pax in question.


----------



## 208476 (Nov 15, 2020)

Kindness said:


> I want to take uber to small claims over a passanger lying uber refuses to reactivate me but i have proof that thy were lies please someone give me advice what do i do??


You should send them a thankyou letter and move on.


----------



## Smell My Finger (Jun 11, 2019)

My advice would be for you to take your head out of you ass and do something constructive....


----------



## TomTheAnt (Jan 1, 2019)

Guess OP hasn't figured stuff out in nine months. &#129318;‍♂

https://uberpeople.net/threads/any-...ase-join-me-for-a-lawsuit.311978/post-5794245


----------



## FLKeys (Dec 27, 2018)

Kindness said:


> I want to take uber to small claims over a passanger lying uber refuses to reactivate me but i have proof that thy were lies please someone give me advice what do i do??


No not Uber, take the rider to small claims court.

The rider made false claims and should be held liable. If you have proof then you should be good to go.


----------

