Alton, IL asked in Employment Law and Insurance Bad Faith for Illinois

Q: How can Uber not be held responsible?

While Uber driving my husband got shot at we have 4bullet holes in car 2in muffler one in back driver door and one that went through the trunk which we found embedded in back of back seat and they tell us to get a quote we send in and now they saying he went offline yeah he wasnt really worried about his phone when getting shot at we made police reports called Uber right away so y are they not helping

2 Lawyer Answers
James L. Arrasmith
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  • Insurance Claims Lawyer
  • Sacramento, CA

A: Not an intellectual property question -- but Uber's liability in situations like this often hinges on whether the incident can be considered part of the "course and scope" of employment, a concept used to determine employer liability for actions of its workers. If Uber argues that your husband was "offline," they may assert that he was not operating in the course and scope of employment, thereby avoiding responsibility for the incident. However, if you can demonstrate that the shooting occurred while your husband was acting in his capacity as an Uber driver, you may have grounds to hold Uber liable for damages, subject to the terms of your contractual agreement with the company.

A: I have a difficult time understanding why Uber would be responsible. I presume the shooter(s) weren’t Uber employees acting in the course and scope of their employment. I think the shooter(s) are most likely legally responsible for the damage to the motor vehicle and that such damage is most likely covered by the vehicle’s comprehensive insurance coverage.

Just because you are working for some company when a third party damages your property does not make the company legally responsible for damages.

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