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Appeals Court Rules That Couple Cannot Sue Uber Over Car Accident Lawsuit Citing “Terms and Conditions”

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This case could have broad implications for anyone attempting to sue Uber after a car accident. Recently, a New Jersey court of appeals ruled that a couple cannot sue Uber over a car accident in which they suffered serious injuries because of the app’s terms and conditions. This is despite the fact that it was their daughter who agreed to the terms and conditions while placing an Uber Eats order.

The couple who filed the lawsuit, both in their 50s, filed the suit against the ride-hailing company in February 2023, nearly a year after they claimed they suffered “serious physical, psychological, and financial damages” when the Uber they were riding in crashed into another car, according to their court filings.

Their attorney says they were left with physical and mental scars. He indicated that he doesn’t believe they will ever really be able to go to the full capacity that they were at before.

Uber responded to the lawsuit by filing a motion to dismiss the complaint and compel arbitration, which would require the parties to resolve the matter outside of court instead. This benefits Uber by lowering its legal costs and keeping the proceedings private. Uber argued that the plaintiff, a longtime customer of Uber Rides and Uber Eats, had agreed to arbitrate any disputes with the company when she signed off on the language in the app’s terms of use on three occasions over the years.

In response, the plaintiffs argued that it was actually their daughter—who is a minor—who had most recently agreed to the terms when she used her mother’s phone to order food on their behalf. A lower court had initially sided with the couple, denying Uber’s motion to compel arbitration in November 2023.

Uber appealed the decision and in November 2024, the appeals court ruled in Uber’s favor. A three-judge panel wrote, “We hold that the arbitration provision contained in the agreement under review, which [the plaintiff] or her minor daughter, while using her cell phone agreed to, is valid and enforceable. We, therefore, reverse the portion of the order denying arbitration of the claims against Uber.”

The couple fully intends to pursue the case. They are currently going over their options. Right now, they can ask the trial court to reconsider their decision or potentially bring the case to the New Jersey Supreme Court.

This should be taken as a warning to anyone who hails a rideshare company vehicle for a trip. If you are injured in a car accident with an Uber driver, you are likely prevented from taking Uber to court. Instead, you would have to arbitrate the case which could limit your legal options. It’s something to bear in mind before you hail a rideshare company.

Talk to an Atlanta, GA Uber and Lyft Car Accident Attorney 

If you’ve been injured in a car accident with a rideshare company, the Atlanta, GA car accident attorneys at Forsythe Law Firm, LLC can help you file a claim and recover damages related to your injuries. Call our office today to learn more.

Source:

npr.org/2024/10/02/nx-s1-5136615/uber-car-crash-lawsuit-uber-eats-arbitration-terms

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