Uber passengers reeling from ‘life-changing’ crash reveal why they are not allowed to sue company and it is warning to all users

A New Jersey couple suffered “life-changing” injuries after crashing in an Uber – and have now learned they cannot sue the company.

Georgia and John McGinty of Princeton, New Jersey, were told by a judge that they are bound by a sneaky clause in Uber’s terms and conditions that prevents them from taking a case to a jury in court.

On March 31, 2022, the couple was in a vehicle driven by Uber driver Jia Wen Zheng when Zheng ran a red light and rammed a vehicle. court documents.

The McGintys suffered serious physical injuries. Georgia suffered cervical and lumbar spine fractures, rib fractures, a protruding hernia and traumatic injuries to her abdominal wall and public floor.

She underwent multiple surgeries and was unable to work from the accident until April 1, 2023.

On March 31, 2022, the couple was in a vehicle driven by Uber driver Jia Wen Zheng when Zheng ran a red light and vandalized a vehicle, court documents show.

John had a broken sternum and his arm and wrist had severe fractures requiring open reduction and internal fixation with a bone graft to address the arm fractures alone.

He now has decreased use and sensation in his left wrist.

In February 2023, the couple filed a lawsuit against the company, Zheng and the driver who hit Zheng.

Uber has filed a motion to compel arbitration, asking the court to enforce a contractual arbitration clause and requiring the parties to resolve their differences through arbitration rather than litigation.

But those injuries would not be compensated by the company because Georgia had accepted the terms and conditions stated in the company’s terms of use that users must accept before using the app.

The court documents stated that the McGintys stated that they did not remember seeing a “clickbox” on the date of January 8, 2022. They argued that they believed their daughter Julia, then 12, had clicked on it while she was were packing for an upcoming appointment. ski trip.

That day at 6:15 p.m., Julia ordered food from a restaurant. The couple said they couldn’t remember if she ordered it herself or if Georgia helped her, but they remembered their daughter holding the phone to check the delivery person’s location.

Uber argued that it was activated, as their records show, and that Georgia tipped the Uber driver when the food was delivered.

In February 2023, the couple filed a lawsuit against the company, Zheng and the driver who hit Zheng

The court documents stated that the McGintys stated that they did not remember seeing a ‘clickbox’ on the date of January 8, 2022. They claimed that they believed their daughter Julia (right), then 12, had clicked on it while they were packing. for an upcoming ski trip

Originally, the New Jersey court denied Uber’s request to compel arbitration, saying it was unenforceable because the agreement was unambiguous.

But Uber would appeal, delaying the trial until September 20, when the Superior Court of New Jersey’s Appellate Division ruled in the company’s favor.

They wrote in a per curiam opinion included in the court documents: “We believe that the arbitration provision in the agreement under review, to which Georgia or her minor daughter agreed while using her cell phone, is valid and enforceable. ‘

The couple told it BBC: “How could I possibly think that my ability to protect my constitutional rights to a trial would be waived if I ordered food?”

On September 20, the Superior Court of the Appellate Division of New Jersey ruled in favor of the company

The couple told the BBC: ‘How could I ever think that I would be giving up my ability to protect my constitutional rights to a trial if I ordered food?’

In another case involving a company’s use of an arbitration clause, Disney claimed in a May 31 filing that a widower whose wife died after a severe allergic reaction at a theme park restaurant could not sue the company because he had previously opted into an arbitration clause. free one-month trial for the Disney+ streaming service.

Kanokporn Tangsuan, 42, suffered a fatal allergic reaction on October 5 last year after she and her family dined at Raglan Road Irish Pub and Restaurant in Disney Springs, Walt Disney World’s outdoor shopping centre.

The family claimed their waiter assured them the food would be allergen-free.

Her husband Jeffrey Piccolo filed a wrongful death lawsuit in Florida, alleging that Walt Disney Parks and Resorts was negligent and failed to properly inform their staff about food allergies.

But Disney tried to dismiss the lawsuit, arguing that it should be sent to arbitration instead because the terms and agreements of its streaming service contract contained a “binding arbitration clause,” court records show.