A bunch of taxicab drivers got together and filed an Uber lawsuit, specifically a federal class action suit against Uber and Lyft for making exaggerated safety claims (at the expense of taxi companies) with Uber and Lyft claiming that they conducted more thorough background checks on uber/lyft drivers and held higher safety standards compared to taxicab companies.
But US District Judge Martinez ruled that the Lyft and Uber ride-sharing-service claims amounted to puffery.
Alleged Lyft Safety Misstatements Amid the Miami Uber Lawsuit
Judge Martinez allowed a specific claim against Lyft concerning their assertion that Lyft conducts background checks that screen for a potential Lyft driver’s history of violent crimes, felonies, drug-related charges, sexual violence related charges, and property theft related charges (when, as taxicabs allege, Lyft drivers may have previously been convicted of such crimes.
Furthermore, the taxicab companies alleged that Uber and Lyft ridesharing services were not in compliance with Miami-Dade County regulations. Chapter 31 is Miami-Dade’s “vehicles for hire” regulation authorizing ridesharing services such as Lyft or Uber. They further asserted, more specifically against Uber, that uber conspired in an attempt to create a monopoly in the Miami area. Uber and Lyft attorneys claim that the taxicab companies are unable to prove any injuries or damages.
In fairness, the Miami Herald has reported that there are thousands of Uber drivers and Lyft drivers who have been denied access to participate in the ridesharing programs because they have failed background checks. The highest percentage of Uber and Lyft drivers who were denied after a lyft or uber background check is related to having their driver’s license suspended or had more than one serious driving offenses. Several uber/lyft drivers failed their safety check because of felony convictions and others due to being a registered sex offender.
Certainly – no amount of background checks will prevent all bad uber drivers from being on the road. But sometimes Uber drivers can be heroes. In Aventura, FL, the Miami Herald reported that an Uber driver shot a would be robber who himself had a gun. The uber passenger was on the way from the Aventura / Sunny Isles area to the Hollywood – Fort Lauderdale Airport. But this brings up another concern, which is that Uber policy prohibits having a gun inside a car while being used for Uber ride-sharing purposes. In another instance, one could imagine an uber driver with a gun resulting in unintended injuries.
But if you are injured in a Lyft or Uber car accident, how likely is an Uber lawsuit to result in a recovery of damages?
Chances of a financial recovery in an Uber lawsuit
First, it is important to note that just because someone is injured in a Lyft or Uber ride, does not necessarily mean that they will need to file a Lyft or Uber lawsuit. Lyft accident claims and Uber accident claims are the first step in the legal process. In an Uber accident claim, your Uber car accident attorney is bringing a claim against James River Insurance Company (in the case of Uber) or Zurich North America (in the case of Lyft). During the Uber claims process there are plenty of chances to settle with an adjuster and avoid a Lyft or Uber lawsuit altogether.
During the Lyft or Uber accident claims process, your lawyer will present your prior medical bills, likely future medical bills, lost wages, and evidence of pain and suffering toward maximizing your chances of a financial recovery. Only if the Lyft or Uber insurance adjuster fails to offer what we (my injured client and I) believe to be a fair injury settlement, do we consider filing a Lyft or Uber lawsuit.