This guy sued Uber and won after a driver stole $4k of his stuff

boing
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Originally published at: http://boingboing.net/2017/06/23/this-guy-sued-uber-and-won-aft.html

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You can’t contract away statutory, or European, or constitutional, or human, rights…

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I don’t understand why there’s no criminal charges pursued here? Wouldnt the local police have the car VIN, the drivers identity/address? And why is Uber so protective of its driver-- I thought I heard that Uber drivers live in fear of being downvoted, let alone being banned for theft.

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Yeah, this seems missing something… stealing $4k of property, when there is a ton of very accurate evidence, why wasn’t this a criminal case with restitution?

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The guy did a good job of preparing and stating his case; actually a nice case study and checklist. Especially cool was getting the report that electric cars will be required to make more noise; the claim by Uber and even the original Clerk that he should have heard the car driving off was an irritating distraction which he was then able to slam back over the net.

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IANAL, but my understanding is that the bar for evidence requirements in criminal cases is much higher than civil cases and unless police catch thieves in the act, they’re rarely willing to investigate theft of personal property since it’s such a long shot.

Nonetheless, as this man’s blog post demonstrates, you should still file a police report. Whether in small claims court or an insurance dispute, both the insurance company and/or court is likely to ask if you filed a police report in a timely manner and if not, why. Believing it futile won’t fly. Essentially, a police report is your way of making an official legal record of the incident. It may not be sufficient by itself, but it’s probably necessary to win in court.

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Much like gravel haulers with signs that say “not responsible for broken windshields” and parking garages that say “not responsible for theft or damage” you can’t talk your way out of responsibility.

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