LOS ANGELES (CBSLA.com) — A customer claimed an Uber driver attacked her on New Year’s Eve near Hollywood and plans to sue.

Kristy Ortiz said her mobile phone video shows the driver smacked her before dragging her out of his car and physically assaulting her again.

Ortiz said she is still recovering from a broken jaw. “I spent days in the hospital getting reconstructive surgery,” she said.

CBSLA is not revealing the driver’s identity because police have not arrested him. In fact, he claimed he is the victim. He also filed a report accusing Ortiz of battery. Police said he did suffer some injuries.

Ortiz said it all started when she asked for a cord to listen to music. Another passenger, who was sharing the ride, started laughing at her. So Ortiz gave that passenger an attitude. That was when the driver told Ortiz to get out.

Ortiz said she refused because she was in a dangerous area and far from home. She said her injuries were unprovoked.

Her attorney said Uber should share the blame. “Uber has chosen not to provide us simple answers to basic questions,” Ernest Algorri said.

Uber said it takes safety very seriously and reached out to Ortiz the following day. Her attorney said the ride-share company only contacted a family member.

Police said they are investigating, and neither Ortiz nor the driver has a criminal record. Detectives now want to talk to the other passenger, hoping she can help shed some light on exactly how the incident unfolded.

Uber said the driver’s account is on hold and has been deactivated.

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