A New Jersey couple that sued Uber after they were seriously injured when their driver crashed into another car had their plans foiled when their 12-year-old daughter ordered a pizza through the company’s delivery app.

In March 2002, Georgia and John McGinty of Princeton had been heading home from dinner when the car they had hailed through the ride-share app T-boned into another vehicle, leaving them with severe injuries. A year later, they filed a lawsuit seeking damages, but their case was in jeopardy when their child checked the box next to a statement that read, “I have reviewed and agree to the Terms of Use,” according to the New York Times. 

Mrs. McGinty argued in court that her daughter had unknowingly checked off the box while using her phone to order dinner while packing for a family trip.

Uber’s legal team argued in court that records show Mrs. McGinty had logged in and agreed to the terms. They filed a motion to force arbitration and have the trial dismissed.

The court had denied the company’s request, but last month, the appellate division of the Superior Court reversed the lower court’s decision, arguing that arbitration provisions did not need explicit language and that Mrs. McGinty had previously signed similar agreements from Uber and gave her daughter authority to sign the agreement simply by handing the phone over to her.

“We’re incredulous that the court could interpret things the way that they did — that our daughter’s click-through to order a pizza some random night could mean that if we were catastrophically injured in a car accident, that we couldn’t recover for our very serious injuries and the financial harm that was done to us,” she said to the newspaper.

The car crash left Mrs. McGinty with an array of severe injuries, including cervical and lumbar spine fractures, broken ribs, and a protruding hernia. She was unable to work for a year due to multiple surgeries. Her husband dealt with a fractured sternum and several fractures throughout his left arm, leaving him unable to regain full use of his wrist. They are seeking an unspecified amount for damages.

The McGinty’s plan is to appeal the decision, but they might have trouble doing so because the three-judge panel’s unanimous decision does not give them the right to do so.

Uber reiterated in a statement to the Times that Mrs. McGinty had already agreed to the terms when she first signed up to the app in 2015 and on multiple subsequent occasions and that the driver no longer had access to their platform.

“The reality is, nobody reads those agreements and Uber knows that, ” a lawyer for the McGintys, Evan Lide, said, adding that Uber had stolen their right to a jury trial.