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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."

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The Uber initiative isn't consumer protection, it's a liability shield
Shutterstock

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.

#390437


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