If somebody calls you an Uber and the driver assaults you, do you have to arbitrate your claims against Uber?

Feng v. Uber Technologies Inc. (Fairfax Feb. 4, 2026)

To download Uber’s app, you have to first agree to its terms of use. One of those terms is that “you agree that you are required to resolve any claim that you may have against Uber on an individual basis in arbitration.” A son downloads and uses the app. One day, he uses it to call a ride for his mom. On that ride (mom claims) she is assaulted and thrown from the car. Mom sues Uber.

Question: Does mom have to arbitrate her claims?

Fairfax Circuit Court: No.

Mom never agreed to Uber’s terms of use. She isn’t a party to them, and while she might be a third-party beneficiary of them, that’s not enough.

For a third party to be bound by an agreement to arbitrate, there must special circumstances, like assumption, agency, or equitable estoppel. Here, there aren’t.

First, no assumption of the obligation. After the incident, mom didn’t act as if she was required to arbitrate. Instead, she filed a lawsuit.  Second, no agency. When the son downloaded the app, he wasn’t acting as an agent for mom. And third, no equitable estoppel. Mom’s lawsuit isn’t attempting to enforce other parts of the terms of use.