I was deactivated yesterday because a rider said I was driving under influence. Uber says that they can't have me reactivated until the complete their investigation??? I haven't taken a drink or drug in 24 years. I went to police station and they wouldn't test me because I'm not under suspicion of being influence . They let me get in my car and drive off. The police told me they get drivers all the time that been deactivated yet no charges have been filed.

Isn't Uber obligated to let the police know when a driver has accused of a crime? How are they investigating a police matter? Is that crime in itself?

Do I sue uber and customer for defamation of character? Do I go back and file a complaint with the police department since a customer notified them that a driver was under the influence and they didn't file a complaint?

Tell them you weren't drunk. It was fatigue. You were falling asleep at the whell because you have to work so many hours because of rates that aren't inline with the market. If they raise rates to a livesble wage you won't have to work so many hours and be able to keep your eyes opened instead of closed while working for them.

 

You do realize this after a while... you have a group of nice pax that are nice to your face and then you see they left crap in your cup holders

What I've started doing.... when passengers leave, I go and check the seats and reorganize turbo back. Anything left behind I just throw it on the street where I dropped them off.

This way when they come back outside or leave they'll see their trash that they left in the car and realize, to pickup their shit next time.

That polo tournament. Those peeps left their green wrist bands in the car after they tore them off their wrists and some small papers on the ground. Left all that crap in their drive way so when they come back out of the house they'll need to pick up after themselves.

 

They don't nessasarily despise us; they consider us replaceable; we are disposable, use us and throw us out.

It seems to me that they see us as condoms.
Necessary but unpleasant.
Both replaceable and disposable.
A temporary annoyance until their AI vasectomy.

 

I just call right away and call it b.s.. They apologize to me and thank me for my honesty. Then let whoever it is know what's going on. Even customer service knows those riders are trying to get free rides.

 

You are better off going to small claims.

Going to Superior Court costs a lot of bucks, and I doubt an attorney would take this on contingency. All Uber would have to do is file a couple of demurrers and then a couple of depositions, and my man will be broke with legal fees till the next century.

 

You are better off going to small claims.

Going to Superior Court costs a lot of bucks, and I doubt an attorney would take this on contingency. All Uber would have to do is file a couple of demurrers and then a couple of depositions, and my man will be broke with legal fees till the next century.

You can do it yourself, and it doesn't cost much more than small claims to file. The point is it FORCES Uber to get lawyers involved (i.e. it costs Uber $$$).

When you file as persona pro se they also know you are prepared to do the waiting game.

Most civil actions are settled out of court.

When you do a small claims, they won't even bother to put up a defense, because they know they can get small claims rulings reversed with an easy motion. Small claims rulings against corporations ARE POINTLESS.

Sorry , it doesn't work that way ... uber gives the pax the opportunity to state if they felt uncomfortable with the ride , if the pax says they think the driver may be DUI uber will act in that or they may get sued if something should happen after the report is made. It's uber who takes the action not the pax. Legally the pax has no liability they are only making an observation it's up to uber to act or not.

Wrong. The pax is liable under laws relating to slander and libel. It is however civil, and your sole remedy is suing them.

To win such a suit you need hard evidence - ie your dash cam and a blood test taken shortly after the allegation.

 

It’s guilty til proven innocent......it’s the uber way.

 

Sorry , it doesn't work that way ... uber gives the pax the opportunity to state if they felt uncomfortable with the ride , if the pax says they think the driver may be DUI uber will act in that or they may get sued if something should happen after the report is made. It's uber who takes the action not the pax. Legally the pax has no liability they are only making an observation it's up to uber to act or not.

That's the crux. You would have to prove the report was for free ride credits. The only way would be to subpoena all the riders trips to see if it is a pattern. Then you would have to subpoena somebody from Uber to testify that the complaint rate is higher than average.

You go through all that only to find out that your complaint is the only one filed by the rider. The rider complained because your car smelled of booze from a previous rider and you ran through a couple of yellow lights.

 

And I can't see any attorney taking a case like this, it's a very expensive to proceed .. the chances to win are very very slim . You'd have to prove a lot

Your wrong that's EXACTLY how it works! It's called slander in California. If you make false statements against a person which causes them harm, in this case financial harm you have standing to sue them and win. You would have absolutely NO case against UBER if it was in fact reported to them, they are required by law to suspend you pending investigation.

How about you read up on this instead of just giving an opinion based on what you think off the top of your head

everyone with a son with a law degree and passed the CA Bar raise your hand ... mines up !
I asked my son .. before I posted my comments.. yes you are incorrect.. unless the pax said they did report a false claim of the driver being DUI the pax will not be at ANY legal fault

 

Sorry , it doesn't work that way ... uber gives the pax the opportunity to state if they felt uncomfortable with the ride , if the pax says they think the driver may be DUI uber will act in that or they may get sued if something should happen after the report is made. It's uber who takes the action not the pax. Legally the pax has no liability they are only making an observation it's up to uber to act or not.

Your wrong that's EXACTLY how it works! It's called slander in California. If you make false statements against a person which causes them harm, in this case financial harm you have standing to sue them and win. You would have absolutely NO case against UBER if it was in fact reported to them, they are required by law to suspend you pending investigation.

How about you read up on this instead of just giving an opinion based on what you think off the top of your head

 

Yup, this is America, land of the lawsuit.

He's planning to make both suits contradict each other so that one is won by Uber's own defense.

lol

Good luck with that!!!!

 

No.

Google "slander per se" at a business misconduct level, it's todays most popular form of defamation lawsuit against companies and in this case the lawsuit can jump up to Uber rather than the pax due to statements which neither person can prove to be true or false, the person doesn't have to admit to slander to be proven guilty (although he/she may crack during cross examination), you simply need to prove the statement was untrue, to make matters simple, he could easily acquire proof on the next accusation's date as easy as paying for a blood test (100 bucks) from a testing facility, log it and make it "legal proof" with a date and time stamped in it then proceed to annihilate them in court.

Now who has proof?

Gotta love google.. ok guys , let me know how it works out this conversation could continue for ever and it's getting boring ... I'd like to be wrong but I don't your going to find one case where your theory will correct..

 

Told ya to Google because apparently you do not know what you are talking about.

I know this because I know someone planning a lawsuit of that kind who has already spoken to a lawyer, where do you think he got it from, his son?

 

Like

Like I said , all the pax did was share their concern and impressions... waste of time and effort

Did pax call 911 to share their concern with the police? Aren't police in a better position to do something about drunk drivers? Like say, administer a breathalyzer? Perhaps even place the driver under arrest if they fail the breathalyzer?

If pax felt they were in danger, did they ask the driver to pull over, before reaching their destination, so they can get out tof the dangerous situation as soon as possible? Or did they conveniently wait until after they reached their destination?

The first question Uber should be asking in their "investigation" when a rider reports that their driver was under the influence is "What is the name of the LEO that responded to your 911 call and filed the report?" If the rider is unable to answer this question, or responds with false information, they should be permanently deactivated and billed for lost wages.

 

Give the pax and UBER a call and ask them... it's uber it's their process and policy.. I don't like it, you don't like it .. if someone wants to go to court ( good luck finding an attorney) and try and change it more power to them !

 

I was deactivated yesterday because a rider said I was driving under influence. Uber says that they can't have me reactivated until the complete their investigation??? I haven't taken a drink or drug in 24 years. I went to police station and they wouldn't test me because I'm not under suspicion of being influence . They let me get in my car and drive off. The police told me they get drivers all the time that been deactivated yet no charges have been filed.

Isn't Uber obligated to let the police know when a driver has accused of a crime? How are they investigating a police matter? Is that crime in itself?

Do I sue uber and customer for defamation of character? Do I go back and file a complaint with the police department since a customer notified them that a driver was under the influence and they didn't file a complaint?

Did you get reactivated?

 

This is all of a result of picking up POS paxes. 50% of the people in the US are mentally ill, so you have to be careful out there.

 

Only 50%? I think you're lowballing!

 

You can do it yourself, and it doesn't cost much more than small claims to file. The point is it FORCES Uber to get lawyers involved (i.e. it costs Uber $$$).

When you file as persona pro se they also know you are prepared to do the waiting game.

Most civil actions are settled out of court.

When you do a small claims, they won't even bother to put up a defense, because they know they can get small claims rulings reversed with an easy motion. Small claims rulings against corporations ARE POINTLESS.

Wrong. The pax is liable under laws relating to slander and libel. It is however civil, and your sole remedy is suing them.

To win such a suit you need hard evidence - ie your dash cam and a blood test taken shortly after the allegation.

I disagree.. happy to change my mind if someone could evidence

 

Plaintiff needs to contact one of the large legal firms that do class actions. There is a lot you could file against Uber if you have a team of lawyers that are working on contingency. It is all about the financial resources; the same as Uber burning through all that cash from their venture capital benefactors.

 

When you do a small claims, they won't even bother to put up a defense, because they know they can get small claims rulings reversed with an easy motion. Small claims rulings against corporations ARE POINTLESS.

Sounds about right. I worked in attorney's office who went after debtors. One debtor got f'd over by a private school, sorrta. She continued to pay the school even though she had been instructed to pay the owner of the loan. She sued the school (the owners) in small claims and won. They appealed and won. They had attorneys, she didn't. Sucks.

 

You take one case. LOL. Besides, attorneys are barred from small claims. So BS.

 

Now we have clarification.

Advising them is one thing, representing them in "small claims" is another. Attorneys are not allowed to represent anyone in small claims period.

From the State of California:

http://www.dca.ca.gov/publications/small_claims/basic_info.shtml

• Attorneys - An attorney may be able to advise and assist you before or after filing your claim. You should consult an attorney if you feel it would be cost-effective to do so, considering the size of the claim and the kinds of issues involved. You can't have the attorney represent you in court.

 

You are allowed to have an attourney when you are appealing on a small claim, it doesn't matter if you are the plaintiff or defendant.
After the first court, if either the plaintiff ot defendant appeal the verdict, an attorney can totally represent you. Not for the first court date. Just for appealing and you can only appeal once.
I just went to court for appealing this month.

 

Yeah, sorry for messing up your rush to judgment. I understand being right is very important for some.

 

I was deactivated yesterday because a rider said I was driving under influence. Uber says that they can't have me reactivated until the complete their investigation??? I haven't taken a drink or drug in 24 years. I went to police station and they wouldn't test me because I'm not under suspicion of being influence . They let me get in my car and drive off. The police told me they get drivers all the time that been deactivated yet no charges have been filed.

Isn't Uber obligated to let the police know when a driver has accused of a crime? How are they investigating a police matter? Is that crime in itself?

Do I sue uber and customer for defamation of character? Do I go back and file a complaint with the police department since a customer notified them that a driver was under the influence and they didn't file a complaint?

Find, Kill rider, only solution

kidding

 

It is a criminal complaint they are making. I do not know about the state that you live, but where I am, it is a criminal offense to falsely accuse someone this way. If you take legal action, UBER will be compelled to provide the information regarding both the identity and the nature of the complaint. As far as I am concerned, you forego the ability to remain anonymous when you make a complaint of this nature. At the very least the person should be permanently removed from the platform, but I don't think UBER even does that.

As things stand now anyone out of spite can take you for 48 hrs and there is nothing one can do with the exception of calling UBER as soon as you suspect it might happen. Even then, I believe the suspension is automatic.

It just happened to me recently, and it is obvious that the fare I was dealing with has mental issues. I warned UBER that unless they take the customer off the platform they are knowingly putting the next driver that picks her up at risk. If she starts screaming and yelling when you are on the highway going a 100mph, it could easily cause an accident killing you both. UBER could care less though. These muttonheads at support do not have an IQ above room temperature and have no idea the liability the company is being exposed to. I have all the documentation though. If something does happen in the future, I would be the first to volunteer the information to the personal injury lawyers.

 

If she starts screaming and yelling when you are on the highway going a 100mph, it could easily cause an accident killing you both.

Um, maybe she's screaming & yelling because you're going a 100mph, and your reckless high speed could easily cause an accident killing you both??

 

Uber's new motto:

The pax is always right.

 

Uber's new motto:

The pax is always right.

Think you meant, The driver is always wrong...

 

Um, maybe she's screaming & yelling because you're going a 100mph, and your reckless high speed could easily cause an accident killing you both??

I meant to say 100 km/h. I am in Toronto, Canada. The point remains that the UBER policy regarding impaired drivers is flawed. The automatic suspension where clearly it is a false allegation is not warranted. They should tell the customers that if they think the driver is impaired to call the police. That would eliminate most of the scammers looking to get a free ride as they would no longer be able to remain anonymous. UBER hides behind their privacy policy to give driver's the shaft. They claim they "Stand behind their drivers" but nothing could be further from the truth. I just when through this experience with a mental patient. I have been driving with UBER for over two years, part-time on weekends, surge fares only. Never had issues of this nature before.

Despite maintaining a high acceptance and driver rating, I was hit with the suspension. I had even called support right after I dropped the fare off to explain all the problems she gave me and her irrational behavior. They assured me that all was well and that is not acceptable behavior on part of the customer. The same sort of canned written response you would normally get to an email. I had a total of 12 trips that evening, including 4 after I was supposedly "Impaired." No complaints other than the mentally ill customer. Also, UBER would have the recording of my voice when I made the support call to verify if I was indeed "Impaired."

Long story short, I managed to get the suspension lifted after 24 hours. I also had video feed I was going to send them, but that proved to be unnecessary. I have not driven since, and am questing the wisdom of doing so for a company that clearly is not "Backing up their drivers in every way." 180 days of change, the more thing stay the same. As far as I know, the customer is still on the platform, and God help the next UBER driver that is unfortunate enough to pick her up.

 

It just is what it is. If a lying crazy person says someone is abusing their kids, police must investigate, and sometimes CPS even takes the kids for a short period to be safe. Lies are lies. Uber sucks much of the time, but in the case of a passenger lying and reporting driver for Under the Influence, Uber has to put the driver's account on hold until they know otherwise. This is 100% on the lying passenger.

 

2

I was deactivated yesterday because a rider said I was driving under influence. Uber says that they can't have me reactivated until the complete their investigation??? I haven't taken a drink or drug in 24 years. I went to police station and they wouldn't test me because I'm not under suspicion of being influence . They let me get in my car and drive off. The police told me they get drivers all the time that been deactivated yet no charges have been filed.

Isn't Uber obligated to let the police know when a driver has accused of a crime? How are they investigating a police matter? Is that crime in itself?

Do I sue uber and customer for defamation of character? Do I go back and file a complaint with the police department since a customer notified them that a driver was under the influence and they didn't file a complaint?

29 years here (odat) and same happened to me.
Pax were pissed cause I told them I would charge a cleaning fee if they spilled any of the multiple cans of "Arizona Tea" they had in my car on the way to the club at LA Cienega and Melrose. I also told them to not leave any empty cans. I could have kept quiet and just charged a cleaning fee if they did. They didn't and it was my error for engaging someone who was drinking.

I was deactivated for 3 days with no mention how they (the bots, Uber offshore support or...?) investigated. I have no issues on DMV. That was in early October 2017, and I have not driven for Uber since Halloween.

Blessing in disguise, I took and passed the Notary certification and received my commission. Now training for Loan Siging certification. I work with Flex to keep income in the meantime. Flex has their issues yet, a drunk box will never accuse me of drinking while driving their drunk-ass the the f'in bar!

 

To everyone
I have read these posting and its very sad that anyone who is a passenger would pull a stunt like this and put at risk the very lively hoods of drivers. I can only say that I believe in Karma and what goes around does come around. It may not happen tomorrow, next week or even next year but rest assured it will happen. There are still many caring and good people in this world as proven here by the many responses sent by various drivers throughout the USA and beyond. Please always try and remember that. What I would suggest is that anyone that is accused of driving under the influence when they are not is simply to wait it out. I have known a few drivers that have been accused of the same thing from passengers and after a couple days Uber reactivates them. Uber or Lyft will never be companies of any substance they may try and offer " 180 days of Change " or "pro or preferred programs" but when push comes to shove the low life or pathetic riders that make these accusations are the customers that are key to UBER AND LYFT survival as they will never own vehicles or have various issues that prevent them from ever doing so. Each and driver has proven themselves reliable and worthy by numerous background checks , Uber and Lyft questioning who we are and that we remain polite and welcoming at all times REGARDLESS of how we may be treated by a passenger, ensuring that vehicles are kept safe and that we drive according to the rules and laws of local city and states requirements all for minimal profit and the "privilege" of being called "partner". We drive because we have too not because we want too but my policy is my car my rules. Do not like it? Then the pax can walk. Please be safe out there and God Bless to all.

 

I have read these posting and its very sad that anyone who is a passenger would pull a stunt like this and put at risk the very lively hoods of drivers. I can only say that I believe in Karma and what goes around does come around. It may not happen tomorrow, next week or even next year but rest assured it will happen.

If what you're saying about Karma is true, then does that mean that the driver who got deactivated also had some bad Karma that finally caught up with him because he deserved it?

 

What type of investigation, i always wonder do they like as the rider be or the rider after? Like if you were on trips back to back with no waiting it makes claims like that easy to call out. But with a new driver every other day... Your are super replaceable, be careful out there

 

I was deactivated yesterday because a rider said I was driving under influence. Uber says that they can't have me reactivated until the complete their investigation??? I haven't taken a drink or drug in 24 years. I went to police station and they wouldn't test me because I'm not under suspicion of being influence . They let me get in my car and drive off. The police told me they get drivers all the time that been deactivated yet no charges have been filed.

Isn't Uber obligated to let the police know when a driver has accused of a crime? How are they investigating a police matter? Is that crime in itself?

Do I sue uber and customer for defamation of character? Do I go back and file a complaint with the police department since a customer notified them that a driver was under the influence and they didn't file a complaint?

Sue.

Contact every media source possible.

In fact
Set up a " LIVE ACTION CAMERA" scene including alcohol & drug free tests as proof.

Would be a GREAT PIECE OF JOURNALISM FOR AN EXPOSE !

 

Sue.

Contact every media source possible.

In fact
Set up a " LIVE ACTION CAMERA" scene including alcohol & drug free tests as proof.

Would be a GREAT PIECE OF JOURNALISM FOR AN EXPOSE !

Great Point .. Amazon and Jeff Bezos are now under the microscope for sending nude pics of himself why would anyone want see that is beyond me and stealing tips from Flex drivers. Liars and cheats never win in the long run.