Family injured in Uber car wreck forced into arbitration by appeals court after minor daughter uses Uber Eats

A New Jersey couple injured in a car accident during an Uber ride has been barred from suing the company due to their minor daughter’s previous use of Uber Eats, according to the family’s attorneys. On March 31, 2022, Georgia and John McGinty were passengers in an Uber when their driver ran a red light and collided with another vehicle, as detailed in a recent court ruling.

The accident left Georgia with severe injuries, including cervical and lumbar spine fractures, rib fractures, a protruding hernia, and damage to her abdominal wall and pelvic floor, requiring multiple surgeries. John suffered a fractured sternum and serious fractures to his left arm and wrist, requiring a bone graft, which has led to limited mobility in his wrist.

In February 2023, the McGintys filed a lawsuit against several defendants, but Uber later filed a motion to compel arbitration. Last week, a New Jersey appellate court ruled in Uber’s favor. The court found that an arbitration agreement, accepted when Georgia or her daughter used the Uber app, was valid and enforceable.

The ruling centered on Uber’s updated terms of use, revised in December 2021, and the consent required to continue using the app. The court explained that users, like Georgia, could not access Uber’s services without agreeing to these revised terms.