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uber worker's compensation claim

Discussion in 'Advocacy' started by Docaces, Jul 21, 2016.

  1. Docaces

    Docaces Member

    Location:
    Miami
    So i came across some information that might be useful. In the state of Florida, there is an attorney handling
    Uber driver claims. They currently have 3 clients all claiming injuries while driving for uber. They filed claims
    under florida worker's compensation laws. Now as you all know, they are Independent contracters and
    aren't entiltled to worker's compensation. That being said, it appears that Uber is trying to avoid further litigation as they are set for mediation next month. Which is to say, they are willing to settle. Food for thought.
     
  2. ColdRider

    ColdRider Well-Known Member

    Location:
    Chicago
    Lawyers are so creative, finding ways to make money off you drivers.

    LMAO!!
     
  3. ColdRider

    ColdRider Well-Known Member

    Location:
    Chicago
    Thanks for thinking I am qualified for running at a national level, I'm flattered. :)
     
    phillipzx3 likes this.
  4. thelittleguyhelper

    thelittleguyhelper Active Member

    Location:
    USA
    If this happens too much Uber's own insurance will tell them to settle nothing. Lawyers literally made settlement claims (taking 30-40% of insurance claimants' payouts every time) an industry for a couple decades, the insurance companies said enough, and those companies began to litigate EVERY claim to kill that industry. Now lawyers only represent people who have a basically perfect case, leaving those in not-spectacular-but-need-the-insurance-money-cases in a terrible kind of hell.
     
  5. m1a1mg

    m1a1mg Active Member

    Location:
    Charleston, SC
    Driving:
    UberX
    Source please??
     
    circle1 likes this.

  6. Peaceful

    Peaceful New Member

    Location:
    Indiana
    Any thoughts on uber business cards? I didn't think it was a problem as long as it was used for uber only but now rider is threatening to sue bc of surge pricing and uber asked how they contacted me directly so I told them the truth. Am I now liable for a suit against me?
     
  7. Fuzzyelvis

    Fuzzyelvis Well-Known Member

    Location:
    houston
    Driving:
    UberX
    Huh? More info please?
     
  8. SEAL Team 5

    SEAL Team 5 Well-Known Member

    Location:
    Phoenix
    Driving:
    Livery
    You'll probably be deactivated.
     
  9. thelittleguyhelper

    thelittleguyhelper Active Member

    Location:
    USA
    **If it was *the rider* who asked for your contact information** so as to allow them to call you to directly be their **Uber** driver, then you aren't violating the Uber Terms of Service.

    That is, you aren't cutting Uber out as far as them being your booking service, representing that you are driving on the app while you are not, nor that a rider has the insurance coverage that comes with rides booked through Uber when they don't: many, many drivers set-up with riders **who want them for pick-ups** to arrive, turn their app on right next to the rider, and have the rider make a request.

    There are technical shortfalls that can cause problems here--such as cell tower delays meaning the "nearest physically" is not always "nearest at that moment in the system", or the fact that this won't work at airports (at several airports the rider who wants this must get beyond the airport grounds first), but people do it.

    If the rider is threatening over surge, though, and they paid through Uber, you should be fine. They're just being ridiculous: surge is disclosed, requires several screens of confirmations where the rider must actively read and engage to establish that they understand what is happening, etc. If you provided an off-app ride, on the other hand, you weren't an "Uber driver" at that time, and *then* you might have issues.

    *BUT* you can sue a damn sandwich in the US, so if they have your personal information they may just have a lawyer name you as harassment, and argue reasonableness to give it a veneer of legitimacy. (Among lawyers: ANYTHING is "reasonable" so long as they can "construct a theory" which is "fairly easy.")
     
  10. ChortlingCrison

    ChortlingCrison Well-Known Member

    Location:
    Westwood
    uber worker's compensation claim will be personally funded by the cold-rider, who has the utmost respect for the uberX drivers.
     
  11. medusa

    medusa New Member

    Location:
    Washington DC


    It is not necessarily a good thing that they go to mediation as

    1) I've never been fully educated about the credentials of the mediator..they may be legal wannabes

    2) the results and facts of the mediation do not become part of the public record...it is an arbitration and as such do not go into the public court house records so they can not be looked up as with regular cases that go through the trial processes. So Uber avoids public scrutiny and saves on legal fees.


    3) I would urge your local councilmemenrs to pass legislation that All filings inlcuding mediations and arbittrations become part of public record.
     

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