4 ms·
> Uber driver ran a red light and collided with another car couple says: >the couple does not recall seeing the “click box” on the date in question, 8 January
by NavinF 2y ago
> Uber driver ran a red light and collided with another car
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)?
- willcipriano 2y agoIf you have damages over what the insurance covers the insured is still liable. 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.
- NavinF 2y agoWhat I mean is that car crash insurance claims almost never go to court. Suing for more than the $1M coverage could be one reason, but the article doesn't say why. 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
- deleted 2y ago[deleted]
- olliej 2y agoMedical bills can easily exceed a million, especially if multiple people are involved.
- NavinF 2y agoSure, if nobody involved has health insurance. In the US 92% do. Hell, in my state half the residents get health insurance for free with medicaid. 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
- FireBeyond 2y agoUhhh, if your health insurer has a target with verified liability, they absolutely can, and will, if they deem it worth it, go after that party if your healthcare costs "fall through" to them. Otherwise it's a simple rort. Because after all, -you- are paying for your healthcare through insurance, directly or indirectly.
- NavinF 2y agoWhy is that first line relevant? Is the insurance company suing Uber? That would be a more interesting lawsuit. 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.
- FireBeyond 2y ago> 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...
- olliej 2y agoIt doesn’t matter if someone else is legally required to cover the costs you incur in an accident. 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.