A Toronto woman is suing Uber for five million dollars after she was allegedly sexually assaulted by the driver of the car she got into back in July.

The 21-year-old woman says she ordered an Uber to the Caledonia Road and Lawrence Avenue area around 3 a.m.

She got into a car with a man claiming to be her driver but it turned out not to be the one she ordered. However, the driver did work for Uber and had an Uber sign in the windshield.

The woman told police the man then drove her to a secluded area and sexually assaulted her. He also allegedly stole her cellphone before forcing her out of the vehicle.

Suhail Siddiqi, 33, of Ajax was charged with one count each of sexual assault, robbery and overcome resistance by choking. He is also named in the lawsuit.

Daryl Singer from Diamond and Diamond is representing the woman and says even though the vehicle was not the one she ordered, at the very least, Uber bears “vicarious responsibility.”

“Her position is ‘I would never have gotten into a vehicle if it didn’t have an Uber sign — that’s why I take Uber, I trusted Uber. If a regular guy driving by offered to pick me up, I would not get into a stranger’s car at three in the morning or any other time of day,'” he told 680 NEWS.

None of the allegations have been proven in court.

When reached for comment, an Uber spokeswoman reissued the statement they sent out when the incident was first reported:

“What has been described is horrible and has no place anywhere. As soon as we learned of this report, we immediately removed the individual’s access to the app and revoked his license from the city. We are fully cooperating with law enforcement and will continue to support their investigation.”