Yes, you may be able to file a claim. But it’s not as simple as “bad driver = sue Uber.” You’ll need to know when Uber’s responsible, what kind of case you’re filing, and how fast you need to act.
At LitigationConnect, our network of lawyers doesn’t waste time. Call (833) 552-7274 today or contact us online and get connected with a vetted Uber Sex Assault Lawsuit attorney who’ll tell you—straight up—if your case is worth pursuing.
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What You Can Legally Do If You’ve Been Abused in an Uber
If a driver physically or sexually assaulted you, verbally harassed you, or crossed boundaries in any way, you're not stuck hoping Uber “looks into it.” You’re allowed to go beyond the app and hold people accountable—driver and company included. Even emotional abuse or psychological manipulation during a ride may qualify, depending on how severe it was and whether it caused measurable harm.
The law doesn’t require you to wait for criminal charges. Civil claims operate on a lower burden of proof—“preponderance of the evidence” instead of “beyond a reasonable doubt.” That means if you can show it’s more likely than not that the driver abused you and caused harm, you have a shot at compensation.
Uber, as a rideshare platform, has legal duties tied to how it operates:
- Duty of care: They owe passengers a reasonably safe experience. Not perfection—just reasonable effort to prevent harm.
- Screening: They must conduct proper background checks on drivers, per state laws. If they skipped red flags or failed to update checks, they might be on the hook.
- In-app monitoring: Uber tracks rides in real time. If something in that data should have triggered concern, their inaction becomes relevant.
Lawsuits against Uber hinge on whether they met these obligations—or conveniently looked the other way. Depending on where you live, different legal doctrines come into play. For example:
- California: Prop 22 gave Uber some room to keep drivers as independent contractors, but it doesn’t erase all liability. California courts have still allowed lawsuits to proceed when Uber’s negligence played a role.
- New York: State courts have leaned into broader interpretations of corporate negligence, especially in personal injury claims involving transportation services.
- Texas: While a bit more conservative on corporate accountability, Texas courts recognize negligent hiring and supervision claims when evidence supports them.
When Uber Might Actually Be Liable
Uber’s lawyers work overtime trying to make sure the company never sees the inside of a courtroom. One of their favorite shields is claiming the driver was an independent contractor. Not an employee, so not their responsibility. Neat trick—but it doesn’t always hold up.
Courts have started picking apart that excuse, especially when Uber acts like an employer in everything but name. They set fares, control the app, monitor rides, and collect passenger data. If Uber creates the system and benefits from it, they don’t get to walk away when that system harms someone.
But Uber isn’t liable every time something goes wrong. You need a legal hook. That means proving they failed to act where they had a duty to step in. Here’s what usually works:
Negligent Hiring
If Uber let a driver onto their platform despite a sketchy background check, that’s on them. Say the driver had:
- A prior assault conviction that Uber’s process should have flagged
- Multiple past complaints from other passengers
- A history of license suspensions or reckless behavior
Some states like California require rideshare companies to conduct thorough background checks under laws like California Public Utilities Code § 5445.2, which bans hiring drivers with certain criminal records. If Uber skips this, they violate state law—and open the door to liability.
Negligent Retention
Let’s say Uber did the background check and the driver looked clean. But then complaints started rolling in. Maybe not enough to fire the driver right away—but enough to raise red flags. If Uber ignored that pattern and let the driver stay active, that’s a problem.
Negligent retention hinges on foreseeability. If a reasonable company would have seen the risk and acted—but Uber didn’t—that’s on them.
Failure to Intervene
Uber tracks rides. They collect data on location, duration, speed, and even sudden stops or route deviations. If your ride took a strange turn—literally—and Uber’s systems flagged it but no one acted, that becomes part of your case.
In states like Illinois, rideshare laws require real-time GPS tracking and incident reporting protocols. If Uber had data suggesting danger and ignored it, the silence becomes part of the liability.
Vicarious Liability (When It Applies)
Even if the contractor label sticks, some courts still apply respondeat superior—a legal doctrine that holds a company responsible for wrongful acts done in the course of “employment.” It’s not a guaranteed win, but in specific cases where the driver acted during the ride itself, with Uber’s app active, courts have allowed it.
In short: Uber doesn’t have to throw the first punch to get sued. They just have to create the conditions that made the punch possible—and do nothing to stop it.
What To Do Right After the Incident
Step 1: Lock Down the Digital Trail
Your phone holds the entire ride history. Before Uber has a chance to quietly update or remove anything, you need to get your version saved.
- Screenshot the following:
- Driver’s name and profile photo
- License plate and vehicle make/model
- Trip start and end points, route, and timestamp
- Fare breakdown and receipt
- Messages exchanged between you and the driver through the app—before, during, or after the ride
- Any notifications or alerts you received from Uber during or after the ride
These screenshots create a clean snapshot in time—one that doesn’t rely on Uber to provide later.
Step 2: Write Down What Happened
The legal system loves paperwork and specifics. You won’t remember the details clearly two days from now, so write them down within hours. Be blunt and raw.
Include:
- What the driver said and did, in exact words if possible
- How you responded
- Where the abuse occurred—while parked, on a certain street, during a turn, etc.
- What you saw around you: other people, buildings, traffic, time of day
- Your emotional and physical reaction in the moment
Don’t polish it. Don’t edit it. This isn’t for court yet—it’s for your attorney. Stream-of-consciousness is fine. What matters is that it’s fresh.
Step 3: Seek Medical Attention (Even if You’re Not Sure)
If the abuse included physical contact, go to a hospital or urgent care as soon as possible. Let the medical provider know what happened. They’ll document the injury, and that creates a dated medical record.
This isn’t just for severe injuries. Even minor physical pain, dizziness, or emotional distress count. Hospitals have a legal obligation in many states to report suspected abuse. In California, for example, healthcare providers must notify law enforcement of suspected assault under Penal Code § 11160. That report becomes a verified legal breadcrumb in your timeline.
If you're not injured but emotionally shaken, consider visiting a mental health professional. A diagnosis of trauma or PTSD also serves as evidence—and future documentation of emotional damages.
Step 4: File a Police Report
Don’t wait for Uber to “investigate.” Go to the police. Even if they seem indifferent, your report still creates a permanent record tied to the incident.
Keep the report:
- Objective and specific
- Focused on actions and words, not just feelings
- Supported by any evidence you’ve already gathered
Ask for the report number and a printed or digital copy. You’ll need this later for both civil and insurance claims.
Step 5: Collect Witnesses—Fast
If anyone saw the incident—whether it happened during the ride or at drop-off—get their name and contact info immediately. Don’t assume Uber or the police will track them down later.
Ask:
- “Would you be willing to confirm what you saw if needed?”
- “Could I text you now so I have your number saved?”
Report the Incident—But Know Its Limits
Filing a report with Uber might feel like the right thing to do. It’s quick, it’s in-app, and it gives the illusion that someone on the other end will take it seriously. But make no mistake: Uber's first job is to protect Uber.
Still, the report matters—for one reason. It creates a digital timestamp. It puts Uber on notice. And that matters later when you need to show they had a chance to act—and didn’t.
Use the App to Document, Not to Solve
Open the app. Go to “Your Trips.” Select the ride. Scroll to the bottom. Tap “Help.” Then choose the option that allows you to report safety issues or inappropriate behavior. Be specific in your description—names, times, what was said or done.
Here’s what to include:
- A factual summary of the driver’s behavior
- Any physical contact or threats made
- How you responded or tried to exit the situation
- Whether anyone else was present (another passenger, witness)
Don’t worry about sounding “official.” You’re not writing legalese—you’re creating a real-time statement of what happened. Precision beats emotion.
After you submit the report, Uber usually responds with a generic message that someone is “looking into it.” In some cases, they might temporarily suspend the driver or assign an investigator to follow up. Don’t assume any of that changes your legal standing.
Uber’s Investigation Is Not Your Justice System
Uber has no legal duty to fully investigate your complaint or report findings back to you. They are not law enforcement. They’re not your attorney. Their internal “investigations” rarely involve you beyond that first email.
Even worse, Uber often buries these reports in arbitration proceedings—private forums with no judge, no jury, and no transparency. The terms of service you agreed to by using the app likely include a forced arbitration clause. Most users never see it, but it’s there. It limits your ability to take Uber to court unless you opt out ahead of time—something very few people do.
Some states have started pushing back. In New Jersey, for example, courts have ruled that arbitration clauses in apps must be presented in a way that clearly informs users of what they’re giving up. If Uber buries the clause deep in fine print, it may be unenforceable.
That said, your attorney will review whether arbitration applies and whether it can be challenged. For now, your job is to create the paper trail.
Don’t Wait for a Reply That Matters
After you report the abuse, Uber’s next move will probably be silence—or a vague statement about “appropriate steps.” Don’t waste time waiting for a full investigation. They’re not required to share outcomes with you. They’re not required to believe you.
And that’s fine, because your next steps don’t depend on their reaction. Those depend on your documentation, your actions and your lawyer. Let Uber run damage control behind the scenes. You’re playing a different game.
Get a Lawyer
You don’t need to wait until Uber ghosts you or a police report gets ignored. In fact, the earlier a lawyer gets involved, the more leverage you keep.
Start by looking for an attorney who handles:
- Personal injury with a focus on assault or rideshare-related claims
- Premises or third-party liability—because suing Uber isn’t the same as suing a person
- Civil rights or abuse cases, depending on what happened during the ride
Avoid generalists. You don’t want someone whose last five cases were parking lot fender benders.
The Lawyer’s Role
A good attorney builds your claim like a contractor builds a house: solid frame, no shortcuts. They’ll:
- Review your report and evidence for legal weight—not emotional weight
- Determine whether Uber’s arbitration clause applies in your state and whether it can be fought
- Pin down which laws the driver or Uber violated—state laws, consumer safety rules, or federal transportation standards
For example, in Illinois, the Rideshare Arrangements and Consumer Protection Act (625 ILCS 57) imposes safety obligations on Transportation Network Companies (TNCs) like Uber. A lawyer in Chicago will know how to use that statute to pressure Uber or work around its defenses.
You Don’t Need a Retainer
Most abuse and personal injury lawyers work on contingency. That means:
- You don’t pay upfront
- They only get paid if you win or settle
- Their fee usually comes out of the settlement—not your pocket
This model weeds out weak cases. If a lawyer takes you on, they believe you’ve got a shot. They’re investing in your case because they think it’s worth something.
What You Say to Your Lawyer Stays There
Once you consult with a lawyer—even if you don’t hire them—what you share stays between you and them.
This matters when you’re dealing with trauma. You’re allowed to talk bluntly. You don’t have to sanitize your experience. The more honest you are, the more your attorney can protect you from legal traps and Uber’s PR spin.
Get Uber Out of Your Rearview
You didn’t ask for this ride to go off the rails. But now that it has, you don’t owe anyone silence—not Uber, not their lawyers, not anyone who tells you to “just let it go.” Abuse isn’t part of the fare.
At LitigationConnect, our network of lawyers knows how to push back. Call (833) 552-7274 today or contact us online. Get matched with a local attorney who won’t let them dodge accountability.