# Someone accused me of being impaired.



## Josh A Gilliland (Apr 9, 2017)

Last night 4 drunks in my car were obnoxious and annoying. I extended every convenience....music, temperature, water, etc. Was a 30 mile trip and I just carried on with some small talk as they engaged me. I dropped them off and one of the girls even tipped me $5. Pick up my next rider and 5-10 min after I picked them up I get a message on my uber app that my account was inactive and then I receive a message saying "a recent rider thought that I was impaired. My account is deactivated for up to 48 hours while they investigate the matter." I've only done 37 trips, but had nothing but 5 star ratings, 4 badges, and 2 comments stating I was the best Uber driver they had ever had. I would never be under the influence of anything while driving (especially with Uber). They wanted to hear my side and said they would definitely consider my previous ratings and rider feedback while making their mind up whether or not to reinstate my account. They say the process will take up to 48 hours. I feel totally helpless right now. A rider can just leave a comment like that and get my account shut down? No problems with the first 4 riders of the night and no complaints from the people I picked up 3 minutes after this accuser left whatever comment that caused Uber to suspend my account. I just think this process is extremely unfair to drivers. We have no way to prove our innocence if someone makes a baseless claim against us. Has anyone ever had or heard of this happening to someone....if so what was the outcome?


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## disp350 (Jul 16, 2016)

How many times has it been stated loud and clear in these forums.

DONT DRIVE WITHOUT A DASHCAM TO CYA

Just like logfiles on computers, they never lie and tell what really happened.

Now that I got that out, you've learned that in Uberland, they use the Napoleanic code of law: The driver is guilty as charged until proven right. Every trip in my car gets recorded and stored for 90 days. Haven't had a pax even mention it cause it's pretty well out of view. And if they ever do object, I'll kindly give them the choice of ending the ride or me doing CYA by recording it. Don't have any interest in what the local laws may be, my car - my rules. I really hope you can get cleared of this, but get a dashcam.


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## Red Leader (Sep 4, 2016)

File a civil suit.


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## WellShutMyMouth (Apr 10, 2017)

My account was merely threatened with deactivation when an apparent male driver contacted Uber saying that I contacted him after the ride. Uber said, in their email to me, that their goal is for riders to feel "safe" and if they receive another complaint like this they will potentially shut down my account. I responded immediately to their email stating that they and he have no proof of this because there is none! That it was so far out of left field it's ridiculous. I worked for 20 years as a massage therapist without a single complaint. They immediately got back to me saying some extremely vague thing about how no further action is necessary at this point. This was after a really crappy shift and left me virtually traumatized. I couldn't drive for a few days after.

I am under the direct impression, from about one fifth of the people who get in my car, that the way the fares treat their drivers is commensurate to how Uber treats the drivers - like total crap. I have apparently been removed from all incentives now. I don't know if it's related to this or how I btched out the Uber employee when he said I couldn't get paid the incentive that I signed up for since the computer didn't register it. I drove a Sunday morning with a $24 hour guarantee that I opted in for and -whoops- the computer says I didn't opt in. I made $46 for four hours instead.

So many issues with driving. It is VERY stressful. (Insert someone telling me maybe I should find a different profession here.) To which I say, gfy.

I will add that I don't get why drivers cowtow to passengers, giving water and such. Not me. I am kind and courteous and drive safely and put up with their sht. That's enough. I doubt all the bells and whistles matter much in the end anyway.


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## SEAL Team 5 (Dec 19, 2015)

Josh A Gilliland said:


> Last night 4 drunks in my car were obnoxious and annoying. I extended every convenience....music, temperature, water, etc. Was a 30 mile trip and I just carried on with some small talk as they engaged me. I dropped them off and one of the girls even tipped me $5. Pick up my next rider and 5-10 min after I picked them up I get a message on my uber app that my account was inactive and then I receive a message saying "a recent rider thought that I was impaired. My account is deactivated for up to 48 hours while they investigate the matter." I've only done 37 trips, but had nothing but 5 star ratings, 4 badges, and 2 comments stating I was the best Uber driver they had ever had. I would never be under the influence of anything while driving (especially with Uber). They wanted to hear my side and said they would definitely consider my previous ratings and rider feedback while making their mind up whether or not to reinstate my account. They say the process will take up to 48 hours. I feel totally helpless right now. A rider can just leave a comment like that and get my account shut down? No problems with the first 4 riders of the night and no complaints from the people I picked up 3 minutes after this accuser left whatever comment that caused Uber to suspend my account. I just think this process is extremely unfair to drivers. We have no way to prove our innocence if someone makes a baseless claim against us. Has anyone ever had or heard of this happening to someone....if so what was the outcome?


That was 4 drunks trying to scam a free 30 mile ride. You not only have to watch out that Uber doesn't screw you but the pax's as well.



Red Leader said:


> File a civil suit.


On what grounds? I know Uber drivers are ignorant, but the judge will laugh his ass off when he reads the complaint.


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## Red Leader (Sep 4, 2016)

SEAL Team 5 said:


> That was 4 drunks trying to scam a free 30 mile ride. You not only have to watch out that Uber doesn't screw you but the pax's as well.
> 
> On what grounds? I know Uber drivers are ignorant, but the judge will laugh his ass off when he reads the complaint.


Did the person put the complaint in writing? Did they have any evidence to back up their assertion? Did they damage the complainant in any manner economically?

Slander and libel complaints have been won on less.


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## Trafficat (Dec 19, 2016)

disp350 said:


> How many times has it been stated loud and clear in these forums.
> 
> DONT DRIVE WITHOUT A DASHCAM TO CYA
> 
> ...


How do you store it for 90 days?

My camera has an SD Card it saves to that only holds 6 hours. Do you have a whole stash of SD cards? Do you manually upload your SD cards to your computer after each day of driving?

I'd like to store 90 days of dascham video but for me it seems like it takes a couple of hours just to upload 6 hours of footage to my computer.


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## Josh A Gilliland (Apr 9, 2017)

Update....this morning when I woke up it was back on. No email or response. Still pissed I missed out on another $100 that night. Place I normally work was surging 3-4 times normal. I really need the $ and this is the best part-time gig I can get and pick my own hours...as my hours at my full-time job can fluctuate day to day. I've learned a lot by reading things on here. I typically only drive during surge times because I'm not working 4 hours for $40 after you figure the gas used and Uber fees. Don't know how people do it full-time. Drives me crazy if it's non-surge time.


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## SEAL Team 5 (Dec 19, 2015)

Red Leader said:


> Did the person put the complaint in writing? Did they have any evidence to back up their assertion? Did they damage the complainant in any manner economically?
> 
> Slander and libel complaints have been won on less.


The OP stated "a recent rider thought I was impaired". Nothing at all incriminating about that statement. You can't sue anyone for intent when they use the word "thought". Uber is just doing their customary investigation which is to place a driver on suspension. 
Again, on what grounds is there an act of slander? Now if the rider said he saw an empty bottle of Jack Daniels or saw a mirror with coke on it then you have malicious intent.


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## Red Leader (Sep 4, 2016)

SEAL Team 5 said:


> The OP stated "a recent rider thought I was impaired". Nothing at all incriminating about that statement. You can't sue anyone for intent when they use the word "thought". Uber is just doing their customary investigation which is to place a driver on suspension.
> Again, on what grounds is there an act of slander? Now if the rider said he saw an empty bottle of Jack Daniels or saw a mirror with coke on it then you have malicious intent.


Did they report it to Uber? Was he impacted economically? Are they an expert or have any real world experience with determining the state of imparement of a person? What evidence do you have to support your assertion? Other than your word? Intent isn't relevant. Your actions are. And in this case, I will go with the attorneys I know, and are related to, who have won cases just like this.

What's funny is....your second example would be supporting factors for making the report.

Funny how you got itmbackwards.

Anyway, go with what works for you.


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## AuxCordBoston (Dec 3, 2016)

Josh A Gilliland said:


> Update....this morning when I woke up it was back on. No email or response. Still pissed I missed out on another $100 that night. Place I normally work was surging 3-4 times normal. I really need the $ and this is the best part-time gig I can get and pick my own hours...as my hours at my full-time job can fluctuate day to day. I've learned a lot by reading things on here. I typically only drive during surge times because I'm not working 4 hours for $40 after you figure the gas used and Uber fees. Don't know how people do it full-time. Drives me crazy if it's non-surge time.


Congrats!


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## disp350 (Jul 16, 2016)

Trafficat said:


> How do you store it for 90 days?
> 
> My camera has an SD Card it saves to that only holds 6 hours. Do you have a whole stash of SD cards? Do you manually upload your SD cards to your computer after each day of driving?
> 
> I'd like to store 90 days of dascham video but for me it seems like it takes a couple of hours just to upload 6 hours of footage to my computer.


My dashcam holds 32GB of data and that's enough for 2 shifts because I shut it down after dropping a passenger off and then turn it back on when I am 2 minutes from the pickup. I then copy it to my computer after every 2nd shift. It takes less then 10 minutes to copy plugged into a USB 3 port.


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## AuxCordBoston (Dec 3, 2016)

disp350 said:


> My dashcam holds 32GB of data and that's enough for 2 shifts because I shut it down after dropping a passenger off and then turn it back on when I am 2 minutes from the pickup. I then copy it to my computer after every 2nd shift. It takes less then 10 minutes to copy plugged into a USB 3 port.


That's a lot of work


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## disp350 (Jul 16, 2016)

AuxCordBoston said:


> That's a lot of work


Are you kidding? I pop the Micro SD card out of the dashcam, put it into the SD card adapter, plug it into the card reader slot on the PC and do copy, paste. I come back in 10 minutes and 26GB of data are now on my PC hard drive. Then it takes 10 seconds to wipe the SD card clean. Piece of cake!

The dashcam I just plug and unplug from the 12V adapter a foot from my hand in the car.


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## AuxCordBoston (Dec 3, 2016)

disp350 said:


> Are you kidding? I pop the Micro SD card out of the dashcam, put it into the SD card adapter, plug it into the card reader slot on the PC and do copy, paste. I come back in 10 minutes and 26GB of data are now on my PC hard drive. Then it takes 10 seconds to wipe the SD card clean. Piece of cake!


Ok. I should get one. Taking screen shots of pick up and drop off is not going to help defend me.


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## Jagent (Jan 29, 2017)

Just lie and say you have one. Uber never asks to see the video.


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## Bean (Sep 24, 2016)

I get about 22 hours of footage with my BlackVue (http://amzn.to/2nKGtqE) with a 128GB card. I only work 3 to 6 hours a day so that's quite a long time. I figure if someone doesn't report anything in that time they're not likely to be taken seriously. If someone does seem questionable though I just back that ride up on my computer. As disp350 said, if you have all USB 3 compliant gear it's actually pretty fast.


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## AuxCordBoston (Dec 3, 2016)

Bean said:


> I get about 22 hours of footage with my BlackVue (http://amzn.to/2nKGtqE) with a 128GB card. I only work 3 to 6 hours a day so that's quite a long time. I figure if someone doesn't report anything in that time they're not likely to be taken seriously. If someone does seem questionable though I just back that ride up on my computer. As disp350 said, if you have all USB 3 compliant gear it's actually pretty fast.


Do the riders see the cam?


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## Bean (Sep 24, 2016)

So far I've never had anyone point it out. Although I do ride entirely at night so it just looks like to faint lights in a dashboard full of brighter lights.
I do have notices on the doors that tell people they're being recorded but I don't think anyone has paid any attention to those either.


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## touberornottouber (Aug 12, 2016)

Red Leader said:


> File a civil suit.


I agree. This BADLY needs to happen. Someone needs to sue "John Doe" (the passenger) and then go through the court process to require Uber to identify the passengers making the false claim. Then they need to be sued for damages. Finally this needs to make the news so all the other passengers who would try this will know not to.

If this happens to me I plan 100% on doing this if I miss even 24 hours of work due to it.


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## Hogg (Feb 7, 2016)

touberornottouber said:


> I agree. This BADLY needs to happen. Someone needs to sue "John Doe" (the passenger) and then go through the court process to require Uber to identify the passengers making the false claim. Then they need to be sued for damages. Finally this needs to make the news so all the other passengers who would try this will know not to.
> 
> If this happens to me I plan 100% on doing this if I miss even 24 hours of work due to it.


Can you sue a customer or do you sign your rights away when you sign the user agreement? Most contracts have clauses about arbitration and such that prevent lawsuits.


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## luvgurl22 (Jul 5, 2016)

Josh A Gilliland said:


> Last night 4 drunks in my car were obnoxious and annoying. I extended every convenience....music, temperature, water, etc. Was a 30 mile trip and I just carried on with some small talk as they engaged me. I dropped them off and one of the girls even tipped me $5. Pick up my next rider and 5-10 min after I picked them up I get a message on my uber app that my account was inactive and then I receive a message saying "a recent rider thought that I was impaired. My account is deactivated for up to 48 hours while they investigate the matter." I've only done 37 trips, but had nothing but 5 star ratings, 4 badges, and 2 comments stating I was the best Uber driver they had ever had. I would never be under the influence of anything while driving (especially with Uber). They wanted to hear my side and said they would definitely consider my previous ratings and rider feedback while making their mind up whether or not to reinstate my account. They say the process will take up to 48 hours. I feel totally helpless right now. A rider can just leave a comment like that and get my account shut down? No problems with the first 4 riders of the night and no complaints from the people I picked up 3 minutes after this accuser left whatever comment that caused Uber to suspend my account. I just think this process is extremely unfair to drivers. We have no way to prove our innocence if someone makes a baseless claim against us. Has anyone ever had or heard of this happening to someone....if so what was the outcome?


Dashcam


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## touberornottouber (Aug 12, 2016)

Hogg said:


> Can you sue a customer or do you sign your rights away when you sign the user agreement? Most contracts have clauses about arbitration and such that prevent lawsuits.


I don't see how they can prevent you from suing a customer. That is different than suing Uber. You still have rights. What if the customer attacks you and sends you to the hospital? You must retain the right to sue.


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## Mars Troll Number 4 (Oct 30, 2015)

It's stuff like this...

Honestly if uber's support keeps going downhill they will eventually run out of suckers,

Uber's rep is going downhill... if things don't change uber may find they can't get enough driversd


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## dbla (Dec 19, 2016)

What I find funny is the pax that do this on ur last ride of the night and or you had very few rides or you know exactly who the rider was that reported you.... we have your address, providing it was a residence that you were dropped off at, and revenge can be really entertaining


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## Lissetti (Dec 20, 2016)

Even a fake dash cam is a deterrent. I've lied and told pax that everything in my car is being recorded visually and audible, as well as the car's stats are being recorded too. Its Low-Jacked and the Car speed, braking, turning, use of signals all being recorded by Uber Technologies. Why? Cuz they own the car and they are fiercely protective of their property. (I lease from Exchange Leasing.)

That gets the rowdy folks quieted down.


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## virginia f (Apr 11, 2018)

Josh A Gilliland said:


> Last night 4 drunks in my car were obnoxious and annoying. I extended every convenience....music, temperature, water, etc. Was a 30 mile trip and I just carried on with some small talk as they engaged me. I dropped them off and one of the girls even tipped me $5. Pick up my next rider and 5-10 min after I picked them up I get a message on my uber app that my account was inactive and then I receive a message saying "a recent rider thought that I was impaired. My account is deactivated for up to 48 hours while they investigate the matter." I've only done 37 trips, but had nothing but 5 star ratings, 4 badges, and 2 comments stating I was the best Uber driver they had ever had. I would never be under the influence of anything while driving (especially with Uber). They wanted to hear my side and said they would definitely consider my previous ratings and rider feedback while making their mind up whether or not to reinstate my account. They say the process will take up to 48 hours. I feel totally helpless right now. A rider can just leave a comment like that and get my account shut down? No problems with the first 4 riders of the night and no complaints from the people I picked up 3 minutes after this accuser left whatever comment that caused Uber to suspend my account. I just think this process is extremely unfair to drivers. We have no way to prove our innocence if someone makes a baseless claim against us. Has anyone ever had or heard of this happening to someone....if so what was the outcome?


i was accused also, i don't drink alcohol or use drugs. and much like u, i have 4.91 rating, 121 trips, i too prefer driving during surge. but what i found was during high surge and longer trip increases the odds of riders reporting lies. when they do, instead of uber requesting we take a test, they refund the rider fare. i find it disappointing that the driver is penalized before we even know what's happening. i too will be ordering a camera to protect myself once my account is reactivated. and my openness and willing to engage will be limited.


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## tohunt4me (Nov 23, 2015)

Josh A Gilliland said:


> Last night 4 drunks in my car were obnoxious and annoying. I extended every convenience....music, temperature, water, etc. Was a 30 mile trip and I just carried on with some small talk as they engaged me. I dropped them off and one of the girls even tipped me $5. Pick up my next rider and 5-10 min after I picked them up I get a message on my uber app that my account was inactive and then I receive a message saying "a recent rider thought that I was impaired. My account is deactivated for up to 48 hours while they investigate the matter." I've only done 37 trips, but had nothing but 5 star ratings, 4 badges, and 2 comments stating I was the best Uber driver they had ever had. I would never be under the influence of anything while driving (especially with Uber). They wanted to hear my side and said they would definitely consider my previous ratings and rider feedback while making their mind up whether or not to reinstate my account. They say the process will take up to 48 hours. I feel totally helpless right now. A rider can just leave a comment like that and get my account shut down? No problems with the first 4 riders of the night and no complaints from the people I picked up 3 minutes after this accuser left whatever comment that caused Uber to suspend my account. I just think this process is extremely unfair to drivers. We have no way to prove our innocence if someone makes a baseless claim against us. Has anyone ever had or heard of this happening to someone....if so what was the outcome?


Beat Them until they are Impaired !


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## SuzeCB (Oct 30, 2016)

SEAL Team 5 said:


> The OP stated "a recent rider thought I was impaired". Nothing at all incriminating about that statement. You can't sue anyone for intent when they use the word "thought". Uber is just doing their customary investigation which is to place a driver on suspension.
> Again, on what grounds is there an act of slander? Now if the rider said he saw an empty bottle of Jack Daniels or saw a mirror with coke on it then you have malicious intent.


That's Uber being vague until they finish their investigation, such as it is. From what I understand, they contact the passenger and if the passenger cannot be more specific, they then contact you. If the passenger is not specific, and you deny driving while impaired, what are some alcohol, drugs, or just being tired, still give you some nonsense about the complaint not being credible. If they do this, ask them to send you an email stating that. Otherwise, it counts as one complaint, and the second one can get you deactivated. If you have the one stating that the passenger complaint was deemed not credible, they really can't count it.

If the passenger does give details, that's when the lawsuit against them comes into play. It's going to be the only way you can find out the exact details. Filed a lawsuit, subpoena Uber for the identification information as well as any and all information regarding the complaint against you and any other complaints the passenger made against other drivers and complaints other drivers made against the passenger. Then you get your details, and they better be able to back them up, if they gave them, otherwise you can get a judgement, albeit a small one. If you want to do something nice for other TNC drivers, notify the news outlets, especially the local ones, since they're more likely to be interested initially, and let them follow up on the story of how passengers make these accusations to collect the $25 credit that Uber places on our heads as a bounty.

TNC drivers are probably stuck with the 48 Hours suspension while the investigation takes place, though. Any place where tncs become legal, it seems to be a standard that the law is adjusted so that there has to be an investigation once a complaint is made. Since Uber and Lyft are not about to set up immediate testing for us, or even somebody just to stop by and check us out and see what their opinion is, 48 Hours it is.


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## Saltyoldman (Oct 18, 2016)

I had a couple of these on Lyft on St. Patty’s. Really low ratings with no flags. People don’t like paying surge or for long distance trips. It’s a flawed system.


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