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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 110557
Experience:  Attorney experienced in commercial litigation.
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I need to know if I can sue Uber for personal damages done

Customer Question

Hi, I need to know if I can sue Uber for personal damages done by Uber client to my personal car as vandalism/ hooligan act (Uber client did a hole in my 45, 000 brand new vehicle and sticked few gums. Uber agreed with the claim and pushed me to their insurance department that said no payments to me due to my repair estimate 792.81 and their deductible 1,000 bucks. My question is How come when Uber client committed a vandalism - I have to pay? Can we sue them in Denver court? The damage was done to my vehicle, all photos were approved by Uber and agreed for compensation but third party insurance. However third party insurance company agent failed to agree with me that they should pay before I will pay deductible fee of 1,000 dollars. Uber clients must be insured by Uber for any damages when they caused or received. Thanks.
Submitted: 10 days ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 10 days ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Uber clients, you mean a customer using the ride sharing?
Customer: replied 10 days ago.
Uber rider (Uber client) did a whole in my back seat as vandalism act. It was reported immediately, documented by Uber for compensation. However their third party insurance company said that amount of estimate (less than 800 dollars) was less than 1,000 dollars and they will not pay for it. Uber client did a damage to my vehicle, his action must be cover by Uber otherwise I consider Uber Service is illegal because they must have liability coverage that must cover any damages by their parties that involved in their service to a victim. Is it possible to sue them?
Customer: replied 10 days ago.
I am their partner (Uber Driver) with my personal vehicle 45,000 dollars worth and brand new vehicle. I am victim and I should not be legally pushed to use my insurance for a vandalism act / hooligan act done by Uber client. I believe that Uber must compensate the estimate that they agreed but fail to compensate due to deduction amount and second their letter was that they willing compensate about 200 dollars or half - after I said that I will sue them in Denver court if they will fail to compensate. So, is it possible to sue them or legally press them to pay for the hole provided estimate plus legal fee by attorney that will force it legally.
Expert:  Law Educator, Esq. replied 10 days ago.
Thank you for your reply.
You would have to go through the court to sue them for the damage caused by their customer pursuant to your independent contractor agreement. They are not generally liable for their customer's actions though, so you need to prove in your claim that somewhere in your contractor agreement they agree to that liability. However, when you sue, you would sue BOTH Uber and the passenger. Uber has the information on the passenger so you would be able to force them to disclose that information when you sue Uber and would have to add the passenger to the suit and serve them. If this happened in Denver you can sue them in Denver.
Generally, they would not be liable for attorney's fees, but based on the value of your claim, you can sue in small claims without an attorney.
Customer: replied 10 days ago.
They will not be liable for attorney`s fees even if they will lose? I thought that party that will lose the case should pay attorney`s fees as well.
What if client will say that they did not do a damage to my personal property ( my vehicle back seat).
How much of percentage to win this case? is it worth to pursue it?
Expert:  Law Educator, Esq. replied 10 days ago.
Thank you for your reply.
Under the US legal system each party is liable for their own attorney's fees unless there is a specific statute or your contract specifies the loser pays attorney's fees. Without either of those provisions you would be liable to pay your own attorney.
If the client denies damage, it is up to you to present evidence they did, such as you discovered it immediately after they exited the vehicle and it was not there before.
Without examining all the evidence, which we cannot do on this site, we cannot ever tell customers what their chances of winning are. But suing in small claims court would be your recourse.
As far as worth pursuing, if Uber is willing to give you 1/2, then usually for $200 it is not worth going to court. For $400 it is worth it.

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