Consumer Protection Law
Mar. 30, 2026
The Uber initiative isn't consumer protection, it's a liability shield
Uber's proposed "fee cap" initiative disguises limiting injured people's access to legal and medical resources as consumer protection, shifting power to the company and undermining accountability.
Reza Torkzadeh
Founder and CEO
The Torkzadeh Law Firm
18650 MacArthur Blvd. Suite 300
Irvine , CA 92612
Phone: (310) 935-1111
Email: reza@torklaw.com
Thomas Jefferson SOL; San Diego CA
Reza's latest book is "The Lawyer as CEO."
Here is the reality, stripped of the marketing language
and the feel-good framing.
Uber is not trying to protect consumers. It is trying to
limit the one mechanism that actually holds it
accountable: the civil justice system.
What they are proposing is being sold as a "fee cap"
initiative, a simple, sympathetic idea. Seventy-five percent goes to the
injured person. Twenty-five percent to the lawyer. That headline is designed to
end the conversation before it begins.
The fine print tells a very different story.
That 25% is not attorneys' fees. It is everything. Medical
treatment, litigation costs, expert analysis, records, filing fees and every
dollar required to document and prove what happened. These are not
discretionary expenses. They are the fixed infrastructure of a viable claim. And
in serious injury cases, those costs can consume a substantial portion of the
recovery before the claim is ever meaningfully evaluated.
There is a legitimate conversation to be had about
transparency and fairness in legal fees. This initiative is not that
conversation.
If those costs cannot be covered, access to care becomes
limited. The ability to properly document harm is compromised. And when that
happens, the outcome is no longer driven by the facts--it is dictated by
constraints.
This is the part they are not saying out loud. Strip away
the ability to access medical care and retain counsel, and an injured person is
left alone--without documentation, without advocacy--negotiating directly against
a sophisticated claims operation whose function is to evaluate and limit
payouts. That is not a balanced system. It is one where the result is dictated
by constraints, not facts.
The result is predictable. People accept what is offered,
not because it reflects the value of their injuries, but because they have no
practical ability to challenge it.
This is not reform. It is market control presented as
consumer protection.
Now step back and look at the timing, because it's the
tell.
This initiative is not just about managing today's claims.
It aligns with a future where liability shifts away from individual drivers and
toward corporate systems, software and product design. Autonomous vehicles are
coming. When they arrive at scale, fault moves from driver error to algorithmic
decision-making and system design. The potential exposure is not just large--it
is systemic. A single failure does not injure one person. It can injure many.
In that environment, limiting the ability to properly
document and present claims becomes more valuable than ever.
So the incentive is clear. Shape the
legal landscape now. Limit access to care. Constrain the ability to fully
evaluate harm. Narrow the pathway to accountability before the larger exposure
arrives.
From a business perspective, that is a rational strategy.
From a public policy perspective, it is dangerous in ways that extend far
beyond Uber.
The civil justice system performs two essential functions.
It compensates people who are harmed, and it forces companies to internalize
the true cost of that harm. Liability is not just a remedy--it is a deterrent.
It is the mechanism that makes safety a financial priority rather than a public
relations exercise.
When that pressure is reduced, incentives shift--often away
from maximum investment in safety.
This is not a new idea. For decades, insurers and large
corporate defendants have pursued more predictable, capped systems--where
exposure is limited, outcomes are standardized, and claims are processed rather
than contested. Uber is simply the vehicle being used to move that objective
forward.
If this passes, the consequences will not be incremental.
They will be structural.
Access to legal representation will shrink. Medical
providers will stop treating on lien. Legitimate cases will go unpursued
because they cannot be economically supported. The value of serious injuries
will decline--not because they are less real, but because the ability to fully
present them has been deliberately restricted.
And the people who bear the greatest burden will be those
who cannot afford to pay for care or representation out of pocket.
That is what is not being advertised.
This initiative is not designed to put more money into
injured people's pockets. It is designed to ensure they never develop a claim
strong enough to challenge what they are offered.
That is not consumer protection. That is controlled
compensation, engineered in advance by the party that benefits most.
The right to hold powerful companies accountable does not
disappear if this passes. It simply becomes
theoretical. And a right that exists only in theory is no right at all.
Submit your own column for publication to Diana Bosetti
For reprint rights or to order a copy of your photo:
Email
Jeremy_Ellis@dailyjournal.com
for prices.
Direct dial: 213-229-5424
Send a letter to the editor:
Email: letters@dailyjournal.com