Uber's Defense Questions and the Rules That Protect Survivors

Why Survivors Are Asking About This

The New York Times recently published a report on how Uber defends rider sexual assault lawsuits. Its headline was “Uber’s Strategy for Fighting Sexual Assault Suits: ‘What Were You Wearing?’” For a survivor deciding whether to come forward, that headline lands hard.

A fair question follows from it. If you file a claim, what can Uber’s lawyers actually ask you, and what stops them?

This post covers the rules that limit those questions and the protections a survivor can ask for. It does not describe any assault, and it does not name anyone who has filed.

Where the Uber Litigation Stands

Federal claims from riders who allege they were sexually assaulted by an Uber driver are consolidated in MDL 3084 before Judge Charles R. Breyer in the U.S. District Court for the Northern District of California. California state-court claims are coordinated separately in JCCP 5188. The lawsuits allege that Uber’s background checks and safety measures fell short. Uber disputes those allegations.

Consolidation is a case-management step. The Judicial Panel on Multidistrict Litigation groups similar federal cases so pretrial work happens once. That decision says nothing about whether any individual claim is true.

Trial results so far have been mixed, and they should be read together:

• September 2025: Uber won the first California state-court trial.
• February 2026: A Phoenix jury returned an $8.5 million verdict for the plaintiff in a bellwether trial.
• April 2026: A Charlotte jury returned a $5,000 verdict.
• October 2026: A Texas bellwether case settled before opening statements.

Verdicts can be challenged after trial and on appeal. None of these results predicts how another survivor’s claim will turn out.

Lyft claims are coordinated separately in MDL 3171. If the assault happened during a Lyft ride, you can still ask NuLegal for a review.

What the Defense Can Explore

In any lawsuit, the defendant gets to test the claim. Uber’s lawyers can ask about the ride, what happened afterward, the injuries a survivor reports, and the treatment they received. Those questions can be hard to sit through, and a good lawyer will prepare you for them ahead of time.

What the defense does not get is open access to a survivor’s sexual history or “predisposition.” Federal law has a specific rule on this, and California has its own.

NuLegal has not reviewed the case files behind the Times report, and Uber will argue that its questions go to facts a jury needs to weigh. Our view is simpler. What a rider was wearing has no bearing on whether a company’s background checks and safety measures were adequate, and the rules give a survivor’s lawyer real tools to press that point.

Federal Rule 412: A Civil Rape Shield

Federal Rule of Evidence 412 applies in civil cases involving alleged sexual misconduct, not only in criminal prosecutions. It generally bars evidence offered to prove that the alleged victim engaged in other sexual behavior, along with evidence offered to prove the alleged victim’s sexual predisposition.

The advisory committee notes to the rule list a person’s mode of dress among the examples of predisposition evidence the rule reaches.

Civil cases have a narrow exception. A court may admit this kind of evidence only if its probative value substantially outweighs the danger of harm to the victim and of unfair prejudice to any party. Most evidence is weighed the other way around, so this balance starts out tilted toward keeping it out.

Evidence of the alleged victim’s reputation comes in only if the victim has placed it in controversy.

The procedure adds another layer. A party who wants to offer this evidence must generally file a motion at least 14 days before trial, and the court must hold a hearing in camera, meaning closed to the public. The motion and related records stay sealed unless the court orders otherwise.

Depositions, Discovery, and Protective Orders

Rule 412 governs what a jury hears. Depositions and written discovery happen much earlier, under the Federal Rules of Civil Procedure.

The advisory committee notes to Rule 412 address that gap. They say courts should presumptively enter protective orders under Civil Rule 26(c) barring discovery into a victim’s sexual behavior or predisposition, unless the party seeking it shows the information is relevant to the case and cannot be obtained another way.

In practice, a lawyer can ask the court for orders limiting the scope of a deposition, keeping sensitive records under seal, and setting ground rules for how questioning is conducted.

California Cases Have Their Own Rules

Cases in the California coordinated proceeding run under state law. California Evidence Code section 1106 generally bars a defendant in a civil sexual assault case from using evidence of the plaintiff’s sexual conduct, including reputation and opinion evidence, to prove consent or the absence of injury. The statute has exceptions, including conduct with the alleged perpetrator, and it works alongside a separate rule on attacking credibility.

California Code of Civil Procedure section 2017.220 adds a discovery limit. A defendant who wants to ask about the plaintiff’s sexual conduct with anyone other than the alleged perpetrator must first file a motion and show specific facts establishing good cause.

Which set of rules applies to you depends on where your claim is filed. A lawyer should explain that before anything is filed.

Protections a Survivor Can Ask About

• Filing under a pseudonym or initials. Courts can permit it, and the request is usually made at the outset.
• Protective orders limiting what can be asked in a deposition and who can see the transcript.
• Sealing of medical and counseling records filed with the court.
• Limits on any mental examination. If a claim includes emotional distress, the defense may seek an exam under Civil Rule 35, and its scope and conditions can be negotiated or set by the court.
• Your own lawyer present at any deposition, objecting when questions cross a line.

None of these is automatic. Each one has to be requested, and a judge decides.

Why Most Questioning Happens Before Trial, If at All

In a consolidated proceeding, a small group of cases is selected as bellwethers and prepared for trial first. Those plaintiffs go through the fullest discovery. Other cases often move more slowly while the bellwethers proceed. United States Courts publishes general information on how federal civil cases move from filing to trial.

Plaintiffs in an MDL generally complete a written questionnaire, often called a plaintiff fact sheet, and a lawyer helps prepare it. That is a very different experience from cross-examination in front of a jury.

The Texas case that settled before opening statements in October 2026 shows that a case can resolve after discovery and before a jury hears evidence. That settlement does not set a value or a timeline for anyone else’s claim.

What You Do Not Need to Get Started

• You do not need to have reported the assault to police or to Uber to ask for a review.
• You do not need the driver’s name. Trip details are often in your app history or email receipts, and a lawyer can help locate them.
• You do not need to recount every detail in a first conversation.
• You do not need to have decided anything. A review is a conversation, not a commitment.

Filing deadlines vary by state, and some states have special rules for sexual assault claims. Waiting can close options, which is one reason to ask early even if you are unsure.

Take the Next Step

If you were sexually assaulted during an Uber or Lyft ride, NuLegal can confidentially review what happened and explain which court and which rules would apply to you. You can read more on our Uber and Lyft sexual assault page or start a free case review at whatever pace feels right.

Asking for a review does not obligate you to file, and you can ask about every protection described here before you decide.

If you are in danger right now, call 911. The National Sexual Assault Hotline is free and confidential at 800-656-HOPE (4673) or online.rainn.org.