Uber’s Terms Block Couple from Suing After ‘Life-Changing’ Crash?

Life-Altering Injuries from Uber Crash, but No Right to Sue Due to App’s Terms

A couple from New Jersey, Georgia and John McGinty, have faced a devastating legal setback after being told they cannot sue Uber for life-altering injuries sustained in a crash while using the ride-hailing service. The reason? They unknowingly agreed to Uber’s Terms of Use, which included an arbitration clause, effectively waiving their right to a jury trial.

The Legal Battle

In March 2022, the McGintys were involved in an Uber crash that left them both with severe injuries. Georgia sustained spine fractures and traumatic abdominal injuries, while John suffered a fractured sternum and severe hand injuries. Despite their overwhelming medical debt and ongoing treatments, their efforts to sue Uber were thwarted by a Superior Court of New Jersey ruling, which upheld Uber’s arbitration clause.

The arbitration clause in Uber’s terms prevents customers from taking legal disputes to court, instead forcing them to resolve matters through a third-party arbitrator—often resulting in smaller settlements. Georgia McGinty expressed shock that her right to a trial could be waived by agreeing to terms for something as simple as ordering food on Uber Eats, which her then 12-year-old daughter had done.

“How would I ever think that by ordering food, I was giving up my right to a trial?” she told the BBC.

Arbitration vs. Court

Arbitration is a common legal route for large corporations like Uber, and its enforceability varies from state to state. In this case, the court ruled that Georgia or her daughter had agreed to Uber’s terms multiple times, making the arbitration clause binding.

However, this type of dispute isn’t new. In a separate case involving Disney, the company initially used an arbitration clause in its Disney+ membership terms to avoid a lawsuit over a wrongful death at Disney World. But after media attention, Disney chose to allow the case to proceed to court, citing the need for a sensitive approach.

The McGintys’ Fight for Justice

For the McGinty family, the impact of the crash has been life-changing. Georgia and John’s recovery has been slow and painful, with ongoing medical treatments needed. Their daughter, now 14, has also been deeply affected, facing trauma during a time when her parents were unable to care for her fully due to their own injuries.

Despite these challenges, the McGintys remain strong. “We’re teaching our daughter resilience,” John said. “She’s a fighter, just like we are.”

Final Thoughts

This case highlights the importance of understanding the terms and conditions we agree to, even in everyday transactions like ordering a ride or food delivery. Arbitration clauses are common in the digital age, but many people are unaware of the rights they may be forfeiting with a simple click.

Uber maintains that the McGintys had agreed to the terms, including the arbitration clause, on multiple occasions, and the company remains committed to road safety.