# Who covers your cost to defend yourself from crazy passengers?



## Scubadoo (Oct 18, 2018)

I have a crazy passanger, that despite the video, has made a criminal complaint. The video exonerates me, but its just not that simple. I am now going to have to fork out money to defend myself against a lawsuit. Does Uber cover any of this or is the future of Ride Share?


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## Uberbrent (Mar 22, 2016)

You are an independent contractor using a technology platform. Does the lawsuit say anything about the technology? Then you’re probably on your own.


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## Scubadoo (Oct 18, 2018)

Uber has written to me that the app is not exactly ready for prime time and they are working on it.


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## Danny3xd (Nov 7, 2016)

Scubadoo said:


> I have a crazy passanger, that despite the video, has made a criminal complaint. The video exonerates me, but its just not that simple. I am now going to have to fork out money to defend myself against a lawsuit. Does Uber cover any of this or is the future of Ride Share?


Dang, Scuba. That sux!

I wish I had some experience with this and could be of help. I have been sued twice but it went threw insurance. I would ask Uber. Can't hurt. Perhaps they have some sort of file on the passenger. (I doubt they will be of any help. But asking is free)

Counter suit? Costs, etc.

Man that sux. Please post how it's going.


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## Pax Collector (Feb 18, 2018)

You cover yourself to defend against said crazy passengers. Uber won't do jack. 

A criminal complaint can only be made by the district attorney and you're summoned to a criminal court. You mentioned a lawsuit. What is the lawsuit alleging?


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## Uber's Guber (Oct 22, 2017)

Scubadoo said:


> Uber has written to me that the app is not exactly ready for prime time and they are working on it.


Define_ "prime time" _in a court of law..... 
You _agreed _to use the app, the liability falls on you.


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## Seamus (Jun 21, 2018)

Please. 2 crazy posts less than 15 minutes apart??? First a crazy pax, criminal charges, and a lawsuit! Then a DUI. Someone's having a little fun tonight? BS ALERT just went off!!!


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## Scubadoo (Oct 18, 2018)

Sorry turn off your alarm. I have to be careful about how I post. Now am active case. The start of this is simple. I was tired. Hour away from home. Used the Uber app to talker me home as advertised. Gave me a trip. Took me farther away than if I had just drove. My crime, I was exhausted. Two rent a cops decided they were going to find something. Read there report. It’s a joke and can be proved they made it up. Can’t share how. But I would have never been in this position if the “marketed app” worked like it was supposed to. Of course they are not going to just step up. But they admitted in writing they are having problems with the app of this nature. Helloooo. You just opened yourself up. But it raises the bigger question that as Uber continues to control us more, they keep losing lawsuits for W2, there is no way there are not insured for this. Whether they tell us or not is another thing.


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## Uber's Guber (Oct 22, 2017)

Scubadoo said:


> I was tired. Hour away from home. Used the Uber app to talker me home as advertised. Gave me a trip. Took me farther away than if I had just drove. My crime, I was exhausted. Two rent a cops decided they were going to find something. Read there report. It's a joke and can be proved they made it up. Can't share how. But I would have never been in this position if the "marketed app" worked like it was supposed to. Of course they are not going to just step up. But they admitted in writing they are having problems with the app of this nature. Helloooo. You just opened yourself up. But it raises the bigger question that as Uber continues to control us more, they keep losing lawsuits for W2, there is no way there are not insured for this. Whether they tell us or not is another thing.


Quit playing the victim card. Do the crime, do the time.


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## Scubadoo (Oct 18, 2018)

You can write anything in your software clause, that does not make it legal when they know it may lead to injury or other consequences. Guess they didnt teach you in Mayberry....


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## Uber's Guber (Oct 22, 2017)

Scubadoo said:


> You can write anything in your software clause, that does not make it legal when they know it may lead to injury or other consequences. Guess they didn't teach you in Mayberry....


And you apparently didn't attend law school.
Good luck defending yourself in court with all the money you earned driving for Uber.


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## Scubadoo (Oct 18, 2018)

The best part I like about Uber is people don't know who you are and why you did it. Yeah, after Wharton I married a Lawyer. It was easier. And since I worked for 30 years in this industry I just don't know shit. Kinda like you. And since Uber is having zero success at defending the independent contractor piece, you can write whatever you want, and it does not mean it is enforceable. That's the real world. God luke Uber


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## Uberbrent (Mar 22, 2016)

We don't know what you did...much less why you did it. Maybe you should explain instead of blaming uber and everyone else. Why would you possibly think Uber would defend you in a criminal case? What could they have possibly done wrong to have any culpability. They forwarded a request to you and you accepted. That is the end of their action except for collecting at the end of YOUR ride.


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## njn (Jan 23, 2016)

You admit to breaking the law by drowsy driving...

https://www.usatoday.com/story/news/2017/11/04/why/830600001/


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## IR12 (Nov 11, 2017)

Scubadoo said:


> I have a crazy passanger, that despite the video, has made a criminal complaint. The video exonerates me, but its just not that simple. I am now going to have to fork out money to defend myself against a lawsuit. Does Uber cover any of this or is the future of Ride Share?


First things first, nothing's changed, uber doesn't care about you.

If your attorney is worth anything and video exonerated you in the end, the pax should have to pay your legal expenses plus extra for defamation. Don't forget to bill for your time to deal with this foolishness.


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## SEAL Team 5 (Dec 19, 2015)

Scubadoo said:


> there is no way there are not insured for this. Whether they tell us or not is another thing.


You are 100% correct. Uber is insured for this, it's just that you are not insured.


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## kcrangel (Dec 7, 2018)

The insurance carrier has a duty to defend you. If you are served, notify the insurance company ASAP and they will respond for you.


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## Scubadoo (Oct 18, 2018)

Here is an update to my question. I have done a lot of research on this. I had my Uber Account suspended. These is a lot of assumptions people are making, and when you make an assumption, well you know what happens. First, In California, as Uber does these random checks, it is illegal to stop you employment as you are not guilty. Remember, unless you are Judge Kavanaugh, we have a Presumption of Innocence. There is case law, and it is embodied in 5th, 6th, 14th Amendments. The second is that we are independent contractors. Really? Uber is losing every case as they have put too many constrictions on us, their fore Uber has not met that threshold, including California. My case is really complicated, but I got charged with a misdemeanor. As usual, Uber has practice Resumption of Guilt. They will not release me till I go through my deal. In fact Uber does have liability in this. We have had some very interesting conversations with Uber, friendly, to the point it has gone on to a very high level. In this case I used a filter to go home. Now this idea that I signed the new agreement and I didnt take the fair is all BS. Uber can write anything they want as their policy, but if its unlawful, it's not valid. Secondly, as we all know, Ubers policy states that and am paraphrasing, we don't start the ride till the person is in the car we start the ride. In this case I had a 45 y/0 female, and there was no way I was gong to throw her out for safety reasons. So Uber actually did the Math for me. Because they admitted the app did not work correctly. If I drove home, I was 45 minutes away. The filter kept me out 2.5 more hours. They have liability as they admitted the app is not functioning correctly. It is a safety issue. This is why Ubers policy of not letting us see where we are going until we get the passenger has always been a problem, and it's because too many people don't want to take fairs. So people out there that just say you're an independent contractor, tough luck, sorry, you will win in court. Secondly as I work in the software business, software agreements mean nothing when there is a tragic event. At the end of the day, the only thing that will save me is my dash cams. I run two. Happy to answer questions, I cannot say more and maybe said too much. Wont be much longer and I can disclose more. But too many people are not thinking this through. Its a complicated issue. Remember you are innocent till proven guiltyhttps://woman.thenest.com/can-employer-fire-over-pending-charges-19967.html


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## tohunt4me (Nov 23, 2015)

Scubadoo said:


> I have a crazy passanger, that despite the video, has made a criminal complaint. The video exonerates me, but its just not that simple. I am now going to have to fork out money to defend myself against a lawsuit. Does Uber cover any of this or is the future of Ride Share?


If Passenger vanishes
No need for Defense . . .

" Shovels Are CheaperThan Lawyers".


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## njn (Jan 23, 2016)

A few drivers on this forum were able to sue their pax against false claims and win.

A few drivers were also able to prove false classification of independent contractor.


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## Scubadoo (Oct 18, 2018)

njn said:


> A few drivers on this forum were able to sue their pax against false claims and win.
> 
> A few drivers were also able to prove false classification of independent contractor.


Yes, thank you. Too many experts who clearly were not were believing Ubers kool aid. I have the resources to go after Uber, but one thing at a time. I wanted to see if other people had gone down this road to save me time, and instead I got less than helpful answers that I knew to be incorrect. Thanks for chiming in.


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## Uberfunitis (Oct 21, 2016)

I am confused as to what you are even asserting....
The app made you drive longer than you should have and you got tired and got in trouble for tired driving?

Passenger brought a lawsuit.... they sued you because you are tired?


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## BigRedDriver (Nov 28, 2018)

njn said:


> A few drivers on this forum were able to sue their pax against false claims and win.
> 
> A few drivers were also able to prove false classification of independent contractor.


Counter suits often make the original suit go bye bye.


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## dfwlyber (Dec 26, 2018)

Uberfunitis said:


> I am confused as to what you are even asserting....
> The app made you drive longer than you should have and you got tired and got in trouble for tired driving?
> 
> Passenger brought a lawsuit.... they sued you because you are tired?


Imma sue bc this thread made me tired.


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

If your exhausted and get a long fare you can't stay awake through the solution is to boot the passenger and find a 711 2-3 miles away from the passenger to pass out at for a couple hours before going home.


That's the reality...

Anything else is on you.


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## Gandler (Jan 27, 2019)

Scubadoo said:


> I have a crazy passanger, that despite the video, has made a criminal complaint. The video exonerates me, but its just not that simple. I am now going to have to fork out money to defend myself against a lawsuit. Does Uber cover any of this or is the future of Ride Share?


What is the criminal complaint? Without specifics, I don't see how any advice other thank talk to an attorney can be offered.

Were you charged with assault, reckless driving, harassment etc...?

But, I doubt Uber will help, your regular insurer may help if it is related to your driving (but don't count on it).

If it is a cut and dry video, call their bluff, and bring the video to court and you should be fine.


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