Uber driver admitted to having my phone. 5 days and no communication on intent to return. Uber now says if driver still has it and is willing to return it, I’d get it back. : legaladvice

Uber driver admitted to having my phone. 5 days and no communication on intent to return. Uber now says if driver still has it and is willing to return it, I’d get it back.

Disclaimer: I know having a baby is not an excuse. I’m not shirking responsibility for dropping item. Please if you don’t have legal advice, don’t bother reading this long post.

I plan to file a police report with SMPD. Anyone have any idea on which legal course I should take? Talk to a lawyer now?

On November 18, 2018 (Sunday), my 17 month old baby and I took an Uber with a driver named Elizabeth. I have her license plate and car make. The ride was approximately 7 minutes long- starting from Venice Beach (25 Windward Ave, Venice CA) and ended at our hotel Le Meridien Delfina (530 Pico Ave, Santa Monica).

We got off and as I was checking my things on the way to our room, I became aware that my phone (iPhone XS Max in a Mous shell case) must have dropped at the Uber as I used it to FaceTime with my husband. I checked to see if the Uber was still at the driveway but she had already left. I informed the valet and bellmen who were there and saw us get out of the car of what happened and asked that they be on the lookout in case she’s still around or comes back to return the phone. I went back to the hotel room with my baby and used the iPad to contact my husband who was driving home to San Francisco with our dog at the time. We both tried to call the number several times but found that the phone has already been turned off immediately. That was suspicious as I used it to FaceTime with my husband during the ride and know it was on.

My baby and I’s airport transfer (SafeRide Transport) was arriving at 10:30am to take us to LAX for our flight to SFO at 12:55pm. I was not able to pursue the issue some more until I returned home and was able to procure a temporary phone to use with my own phone number.

I have left her voicemails through the Uber call relay system as well as filed a complaint with Uber from 11/18 Sunday evening to 11/19 Monday. No response from the driver.

On 11/19 Monday afternoon, I left the driver a voicemail and Uber a message that I am filing a police report with her license plate and that I have evidence that the last location of my phone on was on the ride with her. I told her the valet and bellmen at the hotel can attest to the fact that I tried to see if she was still there. Also, that my phone had been turned off immediately and Uber can pull up if she had any passengers as early as the time the phone has been turned off. I also said that if it’s found and returned, there will be no questions asked. Uber contacted me several minutes later with a message that she contacted them and confirmed that she has my phone. Although everything pointed to malicious intent, I was just happy that my device was found as this was a 3 year wedding anniversary present to me from my husband.

I had informed Uber that since she is not returning my calls and voicemails to make sure she knows to drop it off at the hotel (Le Meridien Delfina) as I sent a shipping label to the hotel to ship my items back.

It is now 11/22 and the driver is still refusing to take/return my many calls and voicemails. She is knowingly withholding my personal property with no show of intent to give it back. I am 100% willing to pay the Uber fee for returning my item and I even said on one of my voicemails that I would do an additional tip (reward) for her for the trouble. I have checked with the hotel and still no device has been dropped off. Additionally, Uber just escalated the issue 11/21. It is my understanding that they have not been able to get a hold of her either.

As of 11/21 evening, Uber is now saying “if the driver still has the phone and is willing to return it”... as well as “Uber and drivers bear no responsibility about things left at a vehicle past the ride”.

Withholding someone’s property and showing no intent to return it is theft. Is Uber abetting a thief? There is no repercussions or pressure for the driver who I’m willing to bet is still driving for them. I get that they’re private contractors which Uber likes to advertise BUT is that license to commit criminal activity without fear of punishment? Where is the line drawn?

I plan on pursuing charges after the police report is filed. Its a matter of principle to me now. At this rate, wondering if Uber should also be held accountable for fostering an environment where their (not) employees are encouraged to choose whether they want to return someone else’s property or not.

EDIT: 11/23 message from Uber to say that they have not been able to contact her either and encouraged that I should direct it to law enforcement. They also noted they are on standby to help formal police inquiry and gave me the information for police to contact them.