Couple Unable to Sue Uber After Crash Due to Terms of Service Agreement

A New Jersey couple who sustained life-altering injuries in an Uber crash have been told they cannot pursue legal action against the company, as they are bound by Uber’s Terms of Use, which they had accepted through the app.

Georgia and John McGinty attempted to sue Uber following a March 2022 crash that left them with serious injuries. However, the terms they agreed to when using the app include a clause mandating that disputes must be resolved through arbitration, not a jury trial. This was upheld by New Jersey’s Supreme Court, which ruled that the couple had forfeited their right to sue when they accepted the app’s terms.

The McGintys argued they were unaware that by using Uber’s services, they were relinquishing their constitutional right to a trial by jury. Mrs. McGinty pointed out that their 12-year-old daughter had agreed to the terms when using Uber Eats, unknowingly binding the family to the arbitration clause. “How would I ever think that ordering food would waive my right to a trial?” Mrs. McGinty told the BBC.

Uber defended its stance, stating, “Our Terms of Use are clear that these types of claims should be resolved in arbitration,” and that the court had confirmed the McGintys themselves agreed to these terms multiple times. Arbitration, a process in which a third party decides the outcome of disputes, is often used by large corporations and generally results in smaller settlements than court trials.

The McGintys’ injuries from the crash were extensive. Georgia suffered spinal fractures and abdominal injuries that required critical care, while John sustained serious damage to his hand, leaving him with ongoing pain and limited function. The couple also accumulated significant medical debt and still require further treatment.

The case mirrors a similar one involving Disney, where the company initially argued that a wrongful death lawsuit could not proceed due to a Disney+ membership arbitration clause. Disney later allowed the lawsuit to move to a jury trial after widespread public attention.

The McGintys say the Uber case has had a profound impact on their family, including their daughter, who experienced trauma during the ordeal. Despite the hardships, the family remains resilient. “We are teaching her strength, resilience, and prayer,” John McGinty said.

Uber reiterated its commitment to road safety while standing by the court’s decision.