Accidents often leave a trail of chaos and unanswered questions. When a New Jersey couple, Ms. and Mr. McGinty booked an Uber one evening, they had no idea that their lives were about to take a sharp, devastating turn.

What was supposed to be a simple ride turned into a nightmare as their Uber collided with another vehicle. The accident severely injured the couple—Georgia and John McGinty. But as the McGinty’s recovered and planned to hold Uber accountable, an unexpected twist emerged that would complicate their lawsuit—a pizza order.

A Night That Changed Everything

Back in 2022, John McGinty and Georgia McGinty hailed an Uber to return home from dinner. 

While navigating the streets of New Jersey, their ride-share driver sped through a red light and crashed into another car. The T-boned crash, or side-strike wreck, was a severe one, and it left the couple with serious injuries. 

Georgia, 51, suffered multiple fractures throughout her body. The crash snapped the bones of the spine, cervical, lumbar, and rib. She also sustained traumatic injuries to her abdominal wall, pelvic floor, a protruding hernia, and other physical injuries, informs PEOPLE. 

As a result of her injuries, Ms. McGinty had to undergo numerous surgeries, due to which she was unable to work until April 2023.  

John, 58, wasn’t spared either. There were fractures in his sternum as well as his left arm and wrist. To date, he hasn’t regained the full use of his wrist. 

Seeking Justice and Compensation

For the McGintys, the next logical step was to sue Uber for their pain and suffering. 

According to Ms. McGinty, the incident was like a bomb going off in their lives. She further added that the crash was devastating to their health as well as emotional and mental well-being.  

So, nearly a year later, the couple filed a lawsuit against the ride-sharing company. As with most ride-sharing companies, Uber’s legal obligations in a car accident case can be a bit complicated. Uber classifies its drivers as independent contractors rather than employees, which can make it challenging for accident victims to secure compensation directly from the company.

However, Uber’s insurance policy does cover passengers injured in accidents involving their drivers. 

The McGintys, encouraged by their legal team, were hopeful they would receive the support they needed for medical expenses, rehabilitation, and lost wages. They had prepared themselves for a legal battle. But as they pursued their case, things got a little complicated.

A Surprising Barrier to a Court Hearing: The Pizza Order

As the McGintys tried taking Uber to trial for their car accident case, a surprising twist surfaced that no one saw coming—a pizza order.

The Superior Court of New Jersey’s appellate ruled they can’t do it, reports CNN. According to the court, the couple agreed to the ride-sharing companies’ Terms of Use, including the Arbitration Agreement, which is in both platforms—Uber Eats and Uber ride app. 

The appeals court asserted that the couple waived the right to a jury trial by signing agreements with the company. The couple argued that it was their 12-year-old daughter who agreed to the terms-of-service agreement while ordering pizza on Jan 8, 2022, while they packed for a ski trip. 

Commenting on the daughter’s involvement, an Uber spokesperson states that the couple couldn’t recall whether their daughter ordered the pizza independently or was assisted by Georgia. 

The appellate court’s decision surprised the couple and left them heartbroken. In a statement to CNN, the McGinty’s said that it exacerbated the pain and suffering they have been experiencing since the collision. 

According to Lesser, Lesser, Landy & Smith, “this car accident case shows how even a simple app agreement can impact someone’s right to go to court. Most people don’t expect a quick order to limit their options after an accident, but it’s becoming more common—and it’s tough for plaintiffs with serious injuries who lose their chance for a jury trial.”

Why Arbitration Is Less Favorable for Plaintiffs

Many plaintiffs prefer having their cases heard in a traditional courtroom rather than through arbitration. 

Arbitration proceedings are typically private, meaning cases are shielded from public scrutiny. In addition, juries tend to be more empathetic to individual plaintiffs than arbitrators, who may be more neutral or favorably inclined toward businesses due to their experience. 

The McGintys’ Next Steps and Broader Implications

The McGintys are planning to appeal the appellate court’s decision, but the path forward is challenging. 

Since the appellate court’s ruling was unanimous, they don’t have an automatic right to take it further. They will need to convince the higher courts to take another look at their case. If those courts agree, there’s a chance the arbitration requirement could be overturned—but there is a big if.

Their story is a reminder of how important it is to understand the fine print in terms of service agreements, even though that’s easier said than done. These arbitration clauses have become so common that most people probably accept them without a second thought. They don’t even realize how much they could limit their rights in serious situations like this.