Uber and Lyft Driver Secretly Video Recorded Passengers
Legally Reviewed and Edited by: Terry Cochran
Rideshare companies have faced recent scrutiny after Uber and Lyft drivers secretly video recorded passengers and posted the footage to social media. In 2018, Missouri rideshare driver Jason Gargac posted nearly 700 rides online, violating passengers’ privacy during their trip.
If you are involved in an Uber or Lyft accident and discover a driver recorded you on video, you may be able to seek damages for their actions. The car accident lawyers at Cochran, Kroll & Associates, P.C. can review the details of your case and help you file a claim to receive a settlement for your injuries and emotional distress due to unauthorized video footage.
Can an Uber or Lyft Driver Secretly Videotape Passengers?
Determining whether a Lyft or Uber driver can secretly record their passengers requires understanding Michigan’s recording laws and the companies’ internal policies.
Michigan Recording Laws
For verbal recordings, Michigan is a one-party consent state. This means that if a third party wants to capture a conversation on tape, they must get consent from one of the parties before recording. This only applies to non-visual recordings. Even if a rideshare driver isn’t participating in a passenger’s conversation, they are still a legal party in the discussion. This allows them to record a verbal conversation without your permission.
However, video footage follows Penal Code 750.539d, which makes it a felony to use a device to observe, record, transmit, photograph, or eavesdrop in a private location. Rideshare vehicles typically fall under the category of private spaces, similar to taxis. This is because users enter into a private contract with the service and ride in a vehicle owned by an independently contracted driver.
Lyft’s Recording Policy
According to the company, a Lyft driver recording a passenger should only occur if allowed by local regulations. Lyft explicitly states that broadcasting or sharing a person’s image or video without their prior consent is prohibited under any circumstances.
Uber’s Recording Policy
In 2022, Uber expanded an Audio Recording pilot program that records audio from the vehicle. The recordings are confidential and are only available for reporting concerns to the company.
Uber’s policy for using a recording device to videotape passengers states that drivers can use a dash cam for safety purposes but must check local ordinances before recording. It also says that sharing, streaming, or broadcasting video of passengers is a violation of their community guidelines.
Can You Seek Damages in an Accident Claim for Being Recorded?
If your Uber or Lyft driver secretly video recorded passengers during your ride, you may be able to pursue emotional distress in addition to economic damages for your injuries. If the driver breaks the law by sharing or broadcasting your activities before, during, or just after the accident, they can be liable for damages such as:
Humiliation
If the driver shared videos of you during a car accident, it could lead to feelings of humiliation. For example, if the driver shared a video that captured you in an emotionally vulnerable moment, it could cause embarrassment and shame.
Anxiety
Seeing a video of yourself in a stressful or traumatic situation, such as a car accident, can trigger feelings of anxiety. The constant replay of the video and accompanying memories and emotions can lead to increased anxiety and panic attacks. This could negatively affect your mental health and quality of life.
Fear
If the driver shared a video of you online, which attracted negative attention or comments, you may deal with constant fear and worry. This could cause you to be afraid to leave your home or be in public, limiting your ability to enjoy your life.
Depression
Being involved in a car accident is a traumatic experience, and having a video of the incident shared without your consent can compound the emotional damage. A violation of your privacy could lead to feelings of depression, hopelessness, and thoughts of self-harm.
How to File Your Claim Against a Lyft or Uber Driver
If you suspect that an Uber or Lyft driver secretly recorded you during a ride, you must take appropriate action. The following are some steps you can take to file a claim against the driver:
Collect Evidence
The first step is to gather as much evidence as possible. If you are being recorded during the ride, identify the camera’s location and document it with photos or video. Look for a dash cam or cell phone pointed towards the backseat or the driver holding their phone at an angle that would capture passengers on video.
Report the Incident
Report the incident to the ridesharing company immediately. Provide them with all the evidence you have collected and any other relevant information, such as the driver’s name, date and time of the ride, and pickup and dropoff locations.
Contact Law Enforcement
Contact local law enforcement to report the accident. When the police arrive to create a report for the crash, tell them about your concerns that the driver recorded you without permission. Officers can make a note in their report and investigate your claims. Your attorney can use the report and any subsequent charges filed by police to support your claim.
Seek Compensation for Emotional Distress After a Rideshare Accident
When an Uber or Lyft driver violates your rights and privacy by recording you during an auto accident, you have the right to seek compensation. The auto accident attorneys at Cochran, Kroll & Associates, P.C. can review your case to estimate your total damages and help you receive a settlement, including the emotional distress their actions caused.
Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW and schedule your no-obligation, free case evaluation.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.
