Uber Compels Couple to Arbitrate Their Injury Case After Car Accident

Imagine that you take an Uber, or another rideshare service. You get into an accident because of the negligence of the driver. You file a lawsuit against Uber. And then you’re told that your case will never see a courtroom, never see a jury.

All because you ordered a pizza online.

What?

Couple Sues After Injury

As ridiculous as this sounds, it actually happened to a couple in New Jersey, who sued after they were injured in an Uber rideshare. They were told by Uber and eventually a court that their case could not be filed or heard in court, but rather, it must be arbitrated.

Arbitration is a process where a case is not heard by a judge or jury, but by an arbitrator, in a  private proceeding outside of court. In many arbitration proceedings, victims have limited ability to get information to help them with their case, and arbitrators are not elected officials who take an oath, like judges, but rather, are private citizens.

Online Terms of Service

Why did their case have to be arbitrated? Because they ordered food on the Uber Eats app—or rather, the couple says that their daughter ordered food, and in doing so, she agreed to Uber Eats’ terms of service, which required arbitration of all claims against the company, without the couple being aware of what was being agreed to.

The couple fought this in court, but a New Jersey court recently found that the daughter’s agreement to arbitrate in the Uber Eats app was sufficient to bind them to arbitration in the Uber rideshare accident case.

Disney Did the Same Thing

Does this sound familiar? It should. Just a few months ago, Disney did the same thing. Disney tried to kick a wrongful death case out of court, which happened at Disney Springs, because the victim or the family of the victim had agreed to arbitration in the terms of service while using the streaming service Disney+.

There, Disney eventually backed off of its demand (likely because of the national news that it generated, and the public outrage).

Multiple Industry Companies

But this Uber case shows that Disney’s strategy is going to be adopted by more companies. These companies are often in multiple industries the way Uber is in the business of ridesharing and food delivery.

Because many of these multiple industry companies like Uber and Disney operate in “real life” and online, it is easy to get consumers to agree to arbitration through their online terms of service.

The bottom line is to be very careful when using these kinds of companies, to the extent that you can. Be aware that terms of service, which seemingly exist in some online void really can have real world consequences, such as surrendering your right to have your case heard by a jury.

Don’t let the defendant try to get out of compensating you for your injuries after an accident. Call the Boston personal injury lawyers at The Law Office of Joseph Linnehan, Jr. today for help at 617-275-4200.

Sources:

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

nbcnews.com/news/us-news/couple-cant-sue-uber-daughter-clicked-away-trial-rights-uber-eats-rcna173794