Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I sue Uber directly, or only the driver who assaulted me?
You may be able to bring a civil claim against Uber itself under theories of negligent hiring, negligent screening, and negligent retention. Uber has a legal duty to vet the people it puts behind the wheel — and when it fails that duty, it can be held accountable alongside the individual who committed the assault.
Does a civil lawsuit mean I have to go to court and testify publicly?
Most civil cases resolve without a trial. At Banville Law, you proceed entirely at your own pace — there is no obligation to move forward until you are ready, and you decide every step along the way.
Is my conversation with Banville Law confidential?
Yes. Attorney-client privilege protects everything you share with Banville Law from the very first conversation. Nothing you say can be disclosed without your consent.
What if the assault happened years ago — can I still file?
It depends on when and where the assault occurred. For adult survivors, New York's Adult Survivors Act (CPLR 214-j) provides a 7-year statute of limitations from the last act of abuse, or 3 years from discovery of the connection to your injury. A Banville Law partner attorney can review the timeline and advise whether a claim is still available to you.
Do I need a police report or a criminal conviction to sue Uber?
No. A civil claim stands on its own. You can sue Uber even if you never reported the assault to police and even if the driver was never arrested, charged, or convicted. The civil case turns on whether Uber was negligent — a separate question from the driver's criminal case.
I booked the ride on someone else's Uber account — can I still sue?
Yes. What matters is that you were the person harmed, not whose name is on the account. Passengers assaulted during a ride booked by a friend, parent, or coworker can still bring a claim against Uber.
What if I was under 18 when the assault happened?
New York's Child Victims Act gives survivors who were abused as minors far longer to sue — you can generally file a civil claim until you turn 55, a much longer deadline than the one that applies to adult survivors. Tell us how old you were at the time and we'll confirm which law governs your claim.