Driver ran out of fuel and left passengers helpless; Uber will have to pay compensation due to an attitude considered negligent by the Court
The Court of Mato Grosso sentenced Uber do Brasil to pay compensation of R$ 20 thousand for moral damages to a customer and his underage daughter. Passengers missed a flight at Marechal Rondon International Airport, in Várzea Grande (metropolitan region of Cuiabá), after the driver of the app ran out of fuel in the middle of the journey.
The decision, published in the Electronic Justice Gazette on February 12, is by Judge Gilberto Lopes Bussiki, of the 9th Civil Court of Cuiabá.
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The case occurred in the early hours of April 5, 2025. The customer had requested a ride around 4:30 am to the airport, paying the estimated amount of R$ 50.60 via Pix. Five minutes later, however, the vehicle suffered a “dry breakdown”. The trip was not completed, and passengers had to call another car, which caused a delay and the consequent loss of boarding.
In addition to the payment of R$ 10 thousand to each of the plaintiffs (father and daughter) for moral damages, the company was sentenced to refund the amount of R$ 898.52 referring to the air tickets unused by the “no-show” rule.
In its defense, Uber claimed passive illegitimacy, arguing that it acts only as a technology company. The thesis was rejected by the magistrate, who framed the platform in the supply chain of the service from the perspective of the Consumer Protection Code.
In the ruling, Bussiki stressed that the lack of fuel in a vehicle does not constitute an unpredictable event, but rather a fact “fully avoidable through minimum diligence”. The judge also pointed out that the situation went beyond mere annoyance, since father and daughter were left “on a public road, at dawn, in a deserted place”, generating stress and vulnerability.
Uber must also bear the procedural costs and attorney’s fees, set at 15% of the value of the conviction. The decision can still be appealed.
