Couple Injured in Uber Crash Barred from Lawsuit Due to Uber Eats Account Used by Daughter
Published on October 6, 2024 at 5:47 PM by Subash-author
A New Jersey couple injured in an Uber crash has been blocked from suing the rideshare company because one of the plaintiffs had previously agreed to Uber's terms of service.
An appeals court recently ruled that Georgia and John McGinty cannot take their case public after a lower court had initially allowed it to go to a jury. The court stated that the arbitration provision in the terms agreed to by Georgia or her minor daughter is valid and enforceable, meaning legal disputes must be handled privately.
The couple was involved in a serious accident in March 2022 when their Uber driver ran a red light, resulting in significant injuries. They argued that they had not accepted Uber’s terms of service. However, court documents revealed that their preteen daughter may have accepted the terms while using the Uber Eats app to order pizza.
According to court records, Georgia, now 51, or her daughter had agreed to Uber's terms multiple times between 2015 and January 2021, well before the crash occurred. The documents stated, “Prior to requesting an Uber platform, such as Uber Rides or Uber Eats, the user must agree to Uber's Terms of Use,” which included an arbitration agreement.
An Uber spokesperson responded to claims regarding the daughter’s involvement, emphasizing that the couple could only speculate about whether their daughter ordered food independently or if Georgia assisted her.
The McGintys expressed their heartbreak over the court's decision. They detailed their injuries, stating that Georgia suffered multiple fractures and serious physical trauma, leading to numerous surgeries and a year out of work. John sustained severe fractures as well, requiring extensive medical procedures.
Their attorney, Evan Lide, announced plans to appeal the decision, criticizing the arbitration agreements as rarely read by users. He argued that Uber has effectively denied his clients their constitutional right to a jury trial.