US couple blocked from suing Uber after crash: daughter agreed Uber Eats terms
theguardian.com
theguardian.com
couple says:
>the couple does not recall seeing the “click box” on the date in question, 8 January, however – and surmise their daughter, who was a minor at the time, must have clicked it while monitoring a food delivery from Uber Eats
uber's argument:
> both that Georgia McGinty could not escape the agreement by claiming it was actually her daughter who agreed to updated terms, and that Georgia McGinty’s account had previously agreed to terms which also included an arbitration clause
court opinion:
> arbitration provision contained in Uber’s terms and conditions was “valid and enforceable”, despite the couple’s claims that it was their daughter who clicked agree to the updated terms of use months before their accident. Uber says Georgia McGinty had also previously agreed to the terms
I feel like this article is missing context. Insurance follows the car and Uber has at least $1M in insurance that covers riders. In the US people file an insurance claim after car crashes and the insurance pays damages. You'd never get compensation directly from the driver or the company. What was the result of the insurance claim and why are they suing Uber now (1 year after the accident)?
I think you actually always sue directly its just the insurance company pays for the lawyers and settlement. The lawsuit will be Bob Smith vs Allen Jefferson not Bob Smith vs Progressive Insurance.
Anyway judges almost always honor arbitration clauses because it gets the case out of court. If anyone could get out of arbitration by saying "my daughter signed the agreement, not me" that would lead to a lot more cases getting tried in court
In the normal case, the car insurance company just has to pay your 20k health insurance deductible. Again, the article just waffled on about some ToS without explaining how the plaintiff ended up in this situation
Otherwise it's a simple rort. Because after all, -you- are paying for your healthcare through insurance, directly or indirectly.
And no, this is not a "simple rort", whatever that means. In general you can only sue for actual damages. Eg the 20k deductible you had to pay and some more for emotional emotional distress, lost wages, and such.
Right. And your health insurer is free to sue, if they do pay for your care, for their actual damages caused by the liable party...
you are liable for the costs incurred. You sue the other entity to get the money to pay those bills, if they cannot afford it you still have to pay those bills.
Yet another way healthcare in the US bankrupts people when they’re not at fault.
> UBER SHALL NOT BE LIABLE FOR … PERSONAL INJURY OR DEATH … RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE
Arbitration or in a court, where is their case when this is in the TOS?
[0] https://www.uber.com/legal/en/document/?name=general-terms-o...
> If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
[dupe]