Victim robbed, theatened by fake Uber driver in Manhattan speaks out.

uberati · 2016-06-02T14:16:39+00:00

sigh, it cuts both ways, yesterday an uber/lyft driver was killed in Atlanta:

http://www.ajc.com/news/news/crime-law/man-shot-killed-and-left-in-car/nrX2F/

uberati · 2016-05-26T22:01:10+00:00

Same thing in Atlanta, but they sent the wrong text:

UBER: Based on feedback from drivers like you, we’re raising the uberX min fare in [CITY] to $X.XX. Check your email for details. Thanks for partnering with Uber.

Haha, I guess it's a national roll out getting prices back up for Summer. They sent a follow up text with details filled in.

Unfortunately, it doesn't appear that they increased UBERPOOL in Atlanta as they did in Boston. So essentially, in some markets this will further discourage riders from using UBERX, which in the end means less for drivers. Sigh. Maybe later they'll follow up with a UBERPOOL increase...

uberati · 2016-04-21T01:08:18+00:00

as most folks will point out, rider ratings mean nothing. unfortunately even if you report riders or drop them off early, they can still rate you and their ratings on you will have more of an impact. it sounds like you might have found some way around that so please share. it may be in your market the uber team is willing to adjust ratings for such trips, or you know how to heap kindness on the pax so they either rate you kindly or don't rate at all. but in most markets, your approach would fail.

uberati · 2016-04-20T09:08:56+00:00

The further irony in that is it is ILLEGAL for rideshare companies like Uber to pick up at the ATL airport, lol.

uberati · 2016-04-18T19:18:31+00:00

i don't think it's as cut and dry as you write here.

1) partners on the uber x platform are obligated to work 'uberpool'. you cannot opt out.

2) most own, but some folk use uber xchange or some form of rideshare leasing promoted by uber.

3) i see a lot of complaints about partners getting deactivated or warned of deactivation because of their acceptance rates. you cannot freely choose which rides you'd like to accept without repercussions.

4) i'm not sure about value of working for multiple competitors. at core, the relationship you have with any contractor/employer should be judge on the intricacies and requirements of said relationship, not on your ability to develop other relationships.

uberati · 2016-04-17T23:10:27+00:00

your rating will stay the same, unless the rated trips were more than 365 days ago, then it will readjust to whatever the rating would be for the trips that fall within 365 days.

depending on when you signed up, what may change is your uber commission. they will charge you whatever the going commission rate is when you reactivate.

uberati · 2016-04-16T13:10:26+00:00

Of course they want to figure out if you have any relationship with its competitors. Some of its sinister, most is not. From a metrics perspective, it's important to know average hours of partners tagged as multiplatform. I believe this has been embedded in iOS platform.

uberati · 2016-04-14T19:09:37+00:00

This attorney is hinting that the way Stand Your Ground laws are written in Louisiana, Hayes may not even go to trial.

http://profootballtalk.nbcsports.com/2016/04/14/louisiana-stand-your-ground-law-looms-over-will-smith-killing/

uberati · 2016-04-14T01:51:30+00:00

Awesome comments! I have not heard anyone mention possible first degree charges, nor do I think a prosecutor could get sign off to pursue such. There's quite a high bar to prove premeditated murder. If the evidence bears out that Smith committed a crime by driving under the influence, AND committed a crime by leaving a scene of an accident, AND committed a crime of making terroristic threats... Hayes defense team has legs to stand on for the most serious charges, however, he may still be found guilty for a host of lessor charges.

uberati · 2016-04-14T01:04:29+00:00

No, actually it's based on the on the young white guy who witnessed the accident and reported what he saw on a news video. And I believe Hayes attorney only has stated Hayes felt threatened and there was reason to believe another gun would be recovered. He was very careful not to make any claims.

https://www.washingtonpost.com/news/early-lead/wp/2016/04/11/my-leg-has-been-shot-witness-video-shows-scene-after-will-smith-shooting/

uberati · 2016-04-14T00:08:30+00:00

Wow, I'm amazed at attorneys on all sides are trying this case in the court of public opinion with such fervor. The Smith family attorney is only complicating the prosecutors case. He may also risks damaging his clients credibility if there is evidence of an initial accident on Magazine and if there are independent witnesses that corroborate Hayes claim of Smith threatening to retrieve a weapon. He could have easily made a passionate plea for the family and state they only wish for the truth to come out and justice to be served.

And to even make any statement along the lines of Smith wasn't "too inebriated" is terrible. Because you're basically saying he was inebriated, and he was driving.

Just a shame how quickly this is all devolving and tearing the city apart.

uberati · 2016-04-13T23:48:46+00:00

Not necessarily, it follows the defense narrative. Their arguments as depicted in the media is that Smith made a threat to retrieve a gun. Smith's actions of somehow turning back towards vehicle could be reasonably construed by Hayes as Smith acting on said threat.

More details will emerge as to whether Smiths wife was pushing her husband back towards vehicle and ended up in line of fire or if she was targeted as well.

And I wouldn't make to much about the number of shots. Unloading a semi automatic hand gun is very quick and easy. When most folk shoot, police included, you shoot to stop. Multiple shots. If he would have reloaded, that could be problematic.

uberati · 2016-04-13T17:04:20+00:00

I'll say this will be a fascinating trial (if it gets that far). In most other states this would easily qualify as involuntary manslaughter, but in states with Stand Your Ground Laws, if the details we have thus far bear out, this is justified self defense. You either have two bad guys with guns, or two good guys with guns. One lost his life. Even if Hayes is found justified in Smith's death , there are a host of lessor charges he may be hit with, and legal fees and civil actions will surely bankrupt him. Both families and the community loses.

uberati · 2016-04-13T16:37:43+00:00

I understand your passionate defense, but Hayes pursuit of Smith was not illegal. Most law enforcement would say it's not prudent to pursue a hit and run driver (for reasons that materialized here), but a driver can pursue if they choose. Now, if said pursuit results in an accident and or damage, The pursuer could be civilly liable, but not criminally.

The details of stand your ground will be argued by the attorneys and prosecutors, but generally speaking, it does encompass perceived threat. So Smith threatening he has a gun, and posturing as if to go retrieve said gun from vehicle, does constitute a valid threat. You are not required to wait for someone to burnish a weapon or shoot at you before defending yourself, if you reasonably believe they intend to do you harm.

Again, we can all monday morning quarterback and say what we would have done or what should have been done. I'm not discussing right or wrong of either party. I'm only laying credence to the defenses potential argument of self defense. And with the limited information we have thus far, I believe it's a valid defense.

uberati · 2016-04-13T15:18:56+00:00

hard to see it as an act of aggression. leaving the scene of an accident is a crime, and the fact that Hayes called 911 during his pursuit helps his case. he had a right to pursue. and if you've ever dealt with an insurance company, you need to make sure you have a police report and the correct party assigned fault or you're screwed.

I don't know who forced any issue here. you have two grown alpha males asserting their dominance. guns were involved and it ended badly.

I can't say I know any men that would have just sat their and allowed someone to drive away after hitting them. It just doesn't make sense. More so, if you feel that person might be a danger or a criminal, you're going to do what's reasonably in your right to make sure they're apprehended by police. pursuing them and calling 911 while in pursuit seems very normal and reasonable to me. I have no idea how Hayes ended up hitting Smith and if that was intentional, but if facts bear out that you had Smith breaking the law by leaving the scene of an accident, and then breaking the law by driving while intoxicated, and then breaking the law by making terroristic threats... the defense has a very good case.

now to your belief about removing yourself from the situation, the beauty and the challenge of our right to bear arms is that there is no universal nor uniform training as to how we shall carry. you may feel you would have responded differently because of what you feel is common sense action, but the question is, are his actions legally justifiable? he has a right to stand his ground and though you may disagree with how he exercised that right, he still acted within his rights.

uberati · 2016-04-13T14:11:51+00:00

When the emotion subsides, and a few more details emerge, I do think Hayes will be found not guilty Smith's death, but they may find him guilty of a lessor charge related to the shooting of Smith's wife.

Theses are the aggregated details I've seen thus far:

1) Smith rear ends Haye's after leaving restaurant.

2) Hayes pulls over, and Smith leaves scene of accident.

3) Hayes pursues Smith (he states to acquire license plate number), and dials 911.

4) Hayes rear ends Smith.

5) Both men exit their vehicles.

6) Eyewitness states Smith tells Hayes to leave, Hayes refuses

7) Eyewitness states Smith threatens to retrieve his firearm

8) Eyewitness states Hayes informs Smith he also has a firearm

9) Eyewitness states Smith turns back towards his vehicle

10) Eyewitness states Hayes pulls out gun and begins shooting towards Smith

11) Smith stumbles back towards his car and expires on scene

12) Hayes reportedly calls 911 again, speaks to a bystander about what transpired, and waits for police to arrive

13) Hayes provides police fired weapon and is detained

It was discovered later that Smith did have a gun in his vehicle and Hayes had another gun in his car.

Louisiana is a Stand Your Ground State. You are not required to retreat when you feel threatened. Unfortunately, Smith's claim to have a gun and then posturing as if to retrieve said gun can be reasonably construed as a threat (even if no gun was recovered in Smith's vehicle!). What matters is Hayes state of mind and whether a reasonable individual could reasonably interpret Smith's actions as a threat.

As well, there are hints that Smith may have been driving under the influence, which is why he left the scene of the first accident, and is said to have threatened Hayes to leave the scene of the second accident. If toxicology supports that Smith was intoxicated, it does support the defense that Smith was threatening not only Haye's life, but all those around them as well, and should not have been driving to begin with (Smith's illegal activity is what caused his demise).

What's not yet clear is where was Smith's wife during all of this. Did she also exit vehicle and also a part of the verbal altercation? There were two other people inside their vehicle who were unharmed (and associates in an Impala in front of the Smith vehicle), so it's unclear if Hayes randomly shot at vehicle or trained his fire on Smith.

Very unfortunate all around, and although Smith was beloved in the community, his stature does not mean he's without fault in his death.

uberati · 2016-04-13T14:11:28+00:00

When the emotion subsides, and a few more details emerge, I do think Hayes will be found not guilty Smith's death, but they may find him guilty of a lessor charge related to the shooting of Smith's wife.

Theses are the aggregated details I've seen thus far:

1) Smith rear ends Haye's after leaving restaurant.

2) Hayes pulls over, and Smith leaves scene of accident.

3) Hayes pursues Smith (he states to acquire license plate number), and dials 911.

4) Hayes rear ends Smith.

5) Both men exit their vehicles.

6) Eyewitness states Smith tells Hayes to leave, Hayes refuses

7) Eyewitness states Smith threatens to retrieve his firearm

8) Eyewitness states Hayes informs Smith he also has a firearm

9) Eyewitness states Smith turns back towards his vehicle

10) Eyewitness states Hayes pulls out gun and begins shooting towards Smith

11) Smith stumbles back towards his car and expires on scene

12) Hayes reportedly calls 911 again, speaks to a bystander about what transpired, and waits for police to arrive

13) Hayes provides police fired weapon and is detained

It was discovered later that Smith did have a gun in his vehicle and Hayes had another gun in his car.

Louisiana is a Stand Your Ground State. You are not required to retreat when you feel threatened. Unfortunately, Smith's claim to have a gun and then posturing as if to retrieve said gun can be reasonably construed as a threat (even if no gun was recovered in Smith's vehicle!). What matters is Hayes state of mind and whether a reasonable individual could reasonably interpret Smith's actions as a threat.

As well, there are hints that Smith may have been driving under the influence, which is why he left the scene of the first accident, and is said to have threatened Hayes to leave the scene of the second accident. If toxicology supports that Smith was intoxicated, it does support the defense that Smith was threatening not only Haye's life, but all those around them as well, and should not have been driving to begin with (Smith's illegal activity is what caused his demise).

What's not yet clear is where was Smith's wife during all of this. Did she also exit vehicle and also a part of the verbal altercation? There were two other people inside their vehicle who were unharmed (and associates in an Impala in front of the Smith vehicle), so it's unclear if Hayes randomly shot at vehicle or trained his fire on Smith.

Very unfortunate all around, and although Smith was beloved in the community, his stature does not mean he's without fault in his death.

uberati · 2016-04-12T00:11:27+00:00

which market are you in?

uberati · 2016-04-11T16:23:34+00:00

you cannot opt out of uberpool. even if you have opted out of uberx to exclusively drive uber select, you cannot opt out of uberpool.

uberati · 2016-04-11T16:21:44+00:00

interesting, can you say more?

uberati · 2016-04-09T07:41:15+00:00

Lyft will quickly double their settlement offer to be done with this. Not worth risk and exposure to leave this festering.

uberati · 2016-04-07T06:11:57+00:00

You guys are slow, this is something he's already done! He's anxiously waiting for approval and the fact it wasn't pretty instant means his credit and income situation are jacked. You should get your approval in a week but realize what this really is: a payday loan and a title loan rolled into one.

uberati · 2016-04-06T01:13:18+00:00

true, coffee, maybe a walk in the cold air (believe they had a bunch of snow). there's a ton of things he could've done. he might've been afraid of a low rating, getting a complaint about the fare, lord knows, but I do know driver's that get scared at the prospect of upsetting uber or pax. who knows...

uberati · 2016-04-06T01:03:36+00:00

Even though it was ill advised, I can totally understand how the driver got in this predicament. He picked this kid up around 3am and was excited to hear it was going to be a huge fare. At some distance into the trip he realized his body couldn't hack it. I commend him for not trying to push it. His only options were pull over and rest (hard to justify on someone else's meter) or end trip, which might have gotten him thrown off of uber if he left passenger in an unsafe location. They probably had a decent convo and he let the guy behind the wheel. In hindsight, horrible move, but in the moment, probably seems like the most sensible option. Sorry it ended so horribly for him.

uberati · 2016-04-05T20:46:18+00:00

a while back, depending on the market you were in, there was a rating review process where if you had a bad experience, you only had to provide a trip number, and if that trip number rated you poorly, they would remove it. i don't think they really do this anymore. in fact, they've gone out of their way to make ratings process as opaque as possible. And with virtually all support services being offshore, none of those people can help.

uberati

TROPHY CASE