Couple injured in Uber accident can't sue due to Uber Eats' terms of service

An appeals court recently ruled that a New Jersey couple injured during an Uber ride cannot publicly sue Uber because one of the plaintiffs agreed to the company's terms of service before the accident.

In court documents obtained by PEOPLE, a New Jersey high court dismissed plaintiffs Georgia and John McGinty's lawsuit and reversed a lower court's earlier decision to let a jury hear their injury claim.

“We hold that the arbitration clause contained in the audited agreement to which Georgia or her minor daughter agreed when using her cell phone is valid and enforceable,” the court ruled, citing Uber’s terms of service, which are considered legally binding The matters must be resolved privately between the plaintiffs and Uber and its subsidiary Raiser, LLC.

The couple who suffered serious injuries in the March 2022 accident when their Uber driver ran a red light and T-boned another vehicle, causing “significant damage” to the car they were in, led, had argued that it did not agree to these terms of use.

The McGintys claimed their teenage daughter may have accepted the terms through the Uber Eats app when she ordered pizza.

Court documents reviewed by PEOPLE said Georgia, now 51, or her daughter signed up for Uber in June 2015 and agreed to the terms three times from that date through January 2021, all before the 2022 crash.

“Before requesting an Uber platform such as Uber Rides or Uber Eats, the user must agree to Uber’s Terms of Service,” the documents say. “Throughout Georgia’s relationship with Uber, she has agreed to Uber’s Terms of Service, including the Arbitration Agreement. The Terms of Use were amended on January 18, 2021 and again on December 16, 2021.”

An Uber spokesman told CNN about the daughter's involvement.

“While the plaintiffs continue to tell the press that it was their daughter who ordered Uber Eats and accepted the terms of service, it is worth noting that in court they could only “guess” that this was the case, but could not remember whether “her daughter.” “I ordered food on my own or when Georgia helped,” the Uber spokesperson told the outlet.

PEOPLE reached out to Uber for comment on developments in the case and the allegations about the pizza order, but did not immediately receive a response.

The McGintys are “heartbroken” by the court’s ruling, they told CNN.

Court documents detailed the extent of the couple's alleged injuries.

“The plaintiffs suffered severe physical, psychological and financial harm,” the court decision said. “Georgia suffered cervical and lumbar spine fractures, rib fractures, a protruding inguinal hernia, traumatic injuries to her abdominal wall, pelvic floor and other physical injuries. She has undergone numerous surgeries and other invasive procedures.”

Georgia, a matrimonial lawyer, was unemployed from the March 31, 2022 accident until April 1, 2023, the order continues, before detailing her 58-year-old husband's injuries.

“John suffered a fractured sternum and severe fractures to his left arm and wrist,” the document states. “He underwent open reduction and internal fixation with a bone graft to treat the arm fractures, and his left wrist has reduced mobility and palpability.”

The McGintys' attorney, Evan Lide, said The New York Times that they intend to appeal the Court of Appeal's decision.

“No one reads these agreements and Uber knows it,” Lide said, adding that Uber “stole my client’s constitutional right to a jury trial.”