Rideshare driver loses claim for 'moral damages' caused by passenger complaints

An insulted rideshare driver has lost a bid to claim "civil and moral damages" he said were caused by passengers accusing him of being late and ill-equipped to deal with winter conditions.

Miguel Angel Montano Gutierrez sued the operator of a B.C. carpooling app called Poparide, claiming he had been falsely accused of reckless driving.

He asked the province's Civil Resolution Tribunal to award him $2,800 in civil and moral damages, $200 for fuel costs and $1,000 to have Poparide "stop making false accusations."

But CRT vice-chair Shelley Lopez dismissed Gutierrez's claim, finding no improper motive behind what she said was Poparide's "clear discretion to suspend a member's account."

"Even if I had found Poparide had breached the agreement, I would not have allowed the claimed damages," Lopez wrote in her decision.

"The applicant does not explain how he arrives at the $2,800 figure for civil and moral damages."

Ridesharing, but no profit

The Civil Resolution Tribunal handles small claims of up to $5,000 in value.

The suit highlights a phenomenon that has seen carpooling services like Poparide thrive in British Columbia even as the province has struggled with the introduction of ride-hailing companies like Uber and Lyft.

According to its website, Poparide "matches drivers who have empty seats with passengers heading in the same direction."

Unlike Uber or Lyft, drivers get paid for gas and mileage but are not supposed to turn a profit.

They receive an average of 10 cents a kilometre. The website says drivers can make an average of $15 a seat between Vancouver and Whistler.

The province has said services like Uber won't be on the streets until late 2019. The NDP government is insisting drivers obtain Class 4 licences, ignoring recommendations from an all-party committee.

Most drivers in B.C. hold a Class 5 licence, but drivers of taxis, ambulances and small buses must hold Class 4 licences.

In the meantime, websites and apps like Poparide are not only up and running — the courts are considering disputes between members.

'One trip was two hours late'

According to the CRT decision, Gutierrez registered with Poparide in 2016.

"While the applicant disputes the validity of the complaints, I find the evidence shows Poparide received complaints from at least four different passengers," Lopez wrote.

"The complaints were generally about overcrowding the car, not communicating in a timely way, and the driver being 'unqualified,' which appeared to relate to his driving skills in winter weather conditions."

Poparide's terms of service require careful driving and insist that in order to get paid a "driver must turn up to the passenger pick-up spot five minutes in advance, as well as inform of any trip modifications in advance."

Gutierrez claimed he needed to drive slowly for safety reasons and couldn't call or text because he was driving.

He claimed the complaints were invalid — "although he also admits one trip was two hours late to arrive and, in two other instances, admits to being 10 minutes late to pick up the passenger."

"On balance, I find that the applicant has not shown that the respondent unreasonably considered or investigated the complaints," Lopez wrote.

She concluded that Poparide had not breached its agreement with the driver.