A Florida woman has filed a lawsuit against Uber Technologies Inc. and multiple parties after allegedly being raped by a man who was driving under his wife’s Uber account. The complaint, filed on July 1 in Miami-Dade County Circuit Court, raises new concerns about passenger safety and the adequacy of Uber’s driver verification policies.
Details of the Incident
The woman, identified only as I.J.R. to protect her privacy, claims she was assaulted on November 13, 2023, after becoming heavily intoxicated at El Nuevo Rinconcito Lounge. According to the lawsuit, she used the Uber app to request a ride home. Though her driver was listed as Mayelin Borbon, it was her husband, Ernesto Borbon Jr., who arrived in the vehicle.
The original driver I.J.R. requested never showed, leading her to cancel the trip. Uber then assigned Mayelin Borbon as her driver. However, Ernesto Borbon Jr. allegedly appeared instead. He is accused of stopping to purchase beer before pulling down a side street and assaulting I.J.R.
Allegations Against Uber and Other Defendants
The lawsuit accuses Uber of failing to adequately verify the identity of the person actually providing the ride. It claims the company does not consistently use its “Real-Time ID Check” feature, which prompts drivers to upload a selfie to confirm their identity. This lapse allegedly allowed Ernesto Borbon Jr. to use his wife’s Uber account without detection.
The complaint also names Mayelin Borbon for negligence and includes El Nuevo Rinconcito Lounge, where I.J.R. says she was served alcohol to the point of near-incapacitation. The complaint asserts that Uber, as a transportation company and common carrier, is directly liable for negligence in its hiring, retention, and supervision practices.
Legal Claims Filed
I.J.R. is pursuing claims of battery, assault, and intentional infliction of emotional distress against Ernesto Borbon Jr. She is also suing Mayelin Borbon for negligence and holds Uber responsible for failing to protect her safety. Additionally, the lounge is cited for over-serving alcohol to a visibly intoxicated patron, contributing to her vulnerability.
Uber Faces Broader Legal Challenges
I.J.R.’s lawsuit is part of a growing wave of legal actions against Uber. Over 2,000 sexual assault lawsuits have been filed by former users alleging similar experiences of being harassed, assaulted, or raped by drivers. These lawsuits commonly argue that Uber prioritized profit over passenger safety by neglecting to implement adequate safety measures like real-time identity verification, thorough background checks, and gender-based driver preferences.
While I.J.R.’s case is proceeding at the state level, most similar lawsuits have been consolidated in a federal multidistrict litigation (MDL) in the Northern District of California. Judge Charles R. Breyer is overseeing the MDL, where bellwether trials are scheduled to begin December 8, 2025. These trials will serve as test cases to determine how juries may respond to evidence and testimony and may influence future settlement negotiations.
Implications for Uber and Survivors
Though outcomes from bellwether trials won’t be binding, they could significantly impact how Uber handles remaining claims and whether it seeks a global settlement to avoid hundreds of trials across the country. These lawsuits emphasize ongoing concerns about how tech companies manage safety and accountability in the gig economy.
Legal Support and Resources for Survivors
For survivors impacted by rideshare-related sexual assault, understanding your rights and legal options can be overwhelming. Helping Survivors is here to offer support. We connect individuals with trauma-informed resources, counseling referrals, and experienced law firms who may help pursue civil lawsuits against liable parties. If you or someone you know has been affected, contact Helping Survivors for compassionate, confidential assistance in exploring your next steps.
