Uber Faces Lawsuit Indicating Driver Raped Passenger After Using Wife’s Account

Lawsuit says rideshare platform should have done more to confirm the identity of the actual driver matched with passengers through the Uber app.

The rideshare service Uber faces a disturbing lawsuit brought by a Florida woman, who indicates that she was raped by a man providing rides through the popular app under an account that was only authorized for his wife, alleging that facial recognition and other technology could have prevented the attack.

The complaint (PDF) was filed in Miami-Dade County Circuit Court on July 1, by a woman identified only as I.J.R. to protect her anonymity. 

The lawsuit names several defendants, including Uber Technologies, as well as Ernesto Borbon Jr., the driver who allegedly assaulted her. It also lists Mayelin Borbon, the registered owner of the Uber account used during the ride, and El Nuevo Rinconcito Lounge, where IJR claims she was served excessive alcohol to the point of near-incapacitation.

IJR’s lawsuit joins more than 2,000 similar Uber sexual assault lawsuits filed over the past few years, each involving allegations that passengers were sexually harassed, assaulted or raped by Uber drivers. However, while most of those complaints allege that the company failed to conduct adequate background checks, this Uber lawsuit notes that the company could have implemented available technology to ensure that only approved drivers were allowed to pick up passengers who request a ride through the app.

IJR’s lawsuit claims she was assaulted on November 13, 2023, after becoming heavily intoxicated at El Nuevo Rinconcito Lounge and ordering a ride through the Uber app. Although the app showed her driver as Mayelin Borbon, that Uber driver’s husband Ernesto arrived instead, allegedly providing rides under his wife’s name and account.

During the Uber ride, Borbon allegedly stopped for beer, then pulled down a side street and raped IJR, according to the complaint.

At no point during its transactions with customers does Uber confirm that the person providing the rideshare service is actually an approved driver, according to the complaint.

The lawsuit also points out that Uber has a “Real-Time ID Check” feature that occasionally requires an Uber driver to upload a photo of themselves before continuing to accept passengers. Despite the existence of this feature, Uber did not use it to confirm Mayelin Borbon was the person actually using her account.

“Thus, the Uber defendants, as a transportation company and common carrier, are directly liable for their negligent hiring, retention and supervision of their driver/agent Mayelin K. Borbon, such that Ernesto Borbon was permitted to hold himself out as an Uber driver/agent operating as its rideshare driver using Mayelin K. Borbon’s vehicle and Uber account, and vicariously liable for tortious conduct against I.J.R.”

–I.J.R. v. Uber Technologies Inc. et al

IJR presents claims of assault, battery, and intentional infliction of emotional distress against Ernesto Borbon, Jr. She presents claims of negligence against Mayelin Borbon. The lawsuit also presents claims of negligence against Uber and the lounge.

Uber Driver Sexual Assault Lawsuits

While IJR’s lawsuit is filed at the state level, since October 2023, the federal litigation has been consolidated as part of an Uber driver sexual assault MDL in the Northern District of California, where U.S. District Judge Charles R. Breyer has been presiding over coordinated discovery and preparing a small group of representative claims for early trial dates. These “bellwether” trials are designed to help gauge how juries may respond to certain evidence and testimony that will be repeated throughout the lawsuits.

In May, Judge Breyer selected six Uber driver assault lawsuits for the first wave of bellwether trials, which are expected to get underway on December 8, 2025.

While the outcomes of these bellwether trials will not have any binding effect on other claims in the MDL, they will be closely watched by parties involved in the litigation and the average lawsuit payouts awarded by juries may have a substantial impact on any Uber sexual assault settlement negotiations, which will be necessary to avoid hundreds of individual cases being remanded back to U.S. District Courts nationwide for future trial dates.