Application and Driver Responsibility for not returning forgotten objects in the vehicle

More and more people make use of transport platforms via the app and it is not uncommon to forget an object in the vehicle.

When this occurs, the passenger must immediately activate the company used, reporting what had been forgotten, which driver, the day and time of the trip. However, it is not uncommon for cases of objects that simply fail to be returned, and here comes the question: who should answer for the damage? The driver? The company? Or Both?

By analyzing some very recent court decisions, the judges applied the rules of the Consumer Protection Code. As a result, both the transport application and the driver registered on the platform are jointly and severally liable for damages, once they are part of the same service delivery chain.

Following this line of reasoning, although the company is neither the owner of the vehicle nor the driver's employer, the driver acts as his agent and the passenger can only start the race through the platform. Thus, when making a profit from the service provided through its application, the company cannot be exempt from responding for any damages, even if this was not the direct cause of the loss.

In short, if there is no friendly return of the goods left in the vehicle, the passenger must immediately prepare a BO, listing the items and their approximate values, gathering documentary evidence that an attempt has been made to contact the platform.

With this, he can use the Judiciary and, in case of joint and several liability, it will be up to this passenger to choose to sue only one of the parties or both, remembering that, the value of the case up to the limit of 40 minimum wages authorizes the distribution of the demand in the Special Courts, faster and without the payment of initial legal costs.