Uber, Vehicle Accidents, and Fine Print: Can You Sue Uber?

If you’re a passenger in an Uber vehicle involved in an accident, your ability to sue them may depend on whether you signed an arbitration agreement. These contractual clauses are used by almost every industry that sells you something, so you’ll be unable to use the court system to address your legal claims. The Uber accident attorneys at Satterley & Kelley, PLLC represent parties injured in accidents in litigation and arbitration.

What is a Mandatory Arbitration Clause?

When you downloaded the Uber app, you agreed to the terms and conditions of use just like 99% of their customers do – without reading them. If you did, you’d find a section stating you’ve waived your right to file legal claims against them in court. They would be resolved through arbitration. This contractual language is a mandatory arbitration clause because you can’t negotiate different contract wording, and you may be forced to use arbitration for your claims.

Arbitration is an alternative dispute resolution method. If parties can’t settle, the case would be decided in a private office building in a large conference room instead of a trial in front of a judge in a courtroom. There wouldn’t be a judge or jury. Instead, an arbitrator, or a panel of arbitrators, would decide the case. Arbitrators could be attorneys, retired attorneys, or retired judges or attorneys.

The process is governed by rules the parties agree upon. They will probably be simpler than those that apply in a courtroom, and the proceedings aren’t open to the public. Unless an arbitrator makes severe, fundamental mistakes of law, their decision can’t be appealed to the court system.

Arbitration can be biased towards defendants. Defendants will be more likely to hire arbitrators with a pattern of decisions favoring them (though both sides have a say in who serves). Juries may also be more likely to be influenced by the emotions of a personal injury case than a legal professional who’s seen hundreds, if not thousands, of such cases.

Should a car accident victim prefer to go to court? Yes, but there are no guarantees, and plaintiffs can have successful arbitration cases. It’s a less-than-ideal situation (though there are drawbacks to litigating a case, too).

New Jersey Couple’s Opportunity to Take Case to Court Ended by Pizza Delivery

State and federal laws cover arbitration issues. A New Jersey couple was in an Uber when their driver struck another vehicle, reports the New York Times. Georgia and John McGinty were severely injured, and they suffer chronic pain as a result.

Two months before the accident, the McGinty’s 12-year-old daughter asked if she could get a pizza delivered by Uber Eats. The facts are disputed, but the company claims that during this order, their mandatory arbitration agreement bound the entire family to have any legal claims against them resolved through mandatory mediation. They asked the trial court to dismiss the case.

The trial court judge disagreed with the company, stating that the language didn’t sufficiently describe the differences between the legal and arbitration processes, so it was not binding on the McGintys. Uber appealed, and a September Superior Court of New Jersey appellate division panel decision reversed that ruling.

The appeals court ruled:

• The arbitration provision need not have such explicit language
• Mrs. McGinty previously agreed to mandatory arbitration
• She gave her daughter the authority to sign the agreement in question when she gave her phone to her

The court decided that any claims against Uber had to go through arbitration. The family states they’ll appeal the decision.

Each state’s arbitration laws and how they are interpreted are unique. We don’t know how the McGintys’ case would’ve been decided in a Kentucky court. Whether such a provision is enforceable depends on the case’s facts and applicable law. If there is such an agreement in your situation, the law favors their use, but there’s no guarantee they’ll block your day in court.

Discuss How You Can Obtain Fair Compensation for Your Injuries by Contacting Satterley & Kelley, PLLC

A mandatory arbitration clause may keep you out of court if you’re a passenger in an Uber vehicle involved in an accident. However, you can still seek compensation for your injuries. Contact our skilled Uber accident lawyers for a free consultation. We will fight to ensure you receive the compensation you deserve. Call us at 855-385-9532 or contact us online.