Passenger Injury Claims in Georgia Car Accidents

A passenger generally occupies the strongest liability position of anyone involved in a Georgia car accident. A passenger has no control over the vehicle, no duty to navigate traffic, and no obligation to brake, steer, or yield, so a passenger’s comparative fault for the collision itself is typically zero. The practical challenge for an injured passenger is rarely proving fault. It is navigating the insurance-coverage landscape, identifying every available source of payment, and understanding the one new comparative-fault risk that Senate Bill 68 introduced for newer cases.

A Passenger May Have a Claim Against the Driver Who Was Carrying Them

A frequently misunderstood point is that an injured passenger may pursue a claim against the liability insurance of the driver who was carrying them, even when that driver is a spouse, parent, child, or close friend. This is an insurance claim, not a personal attack on the driver. A liability policy exists specifically to cover injuries to others, including passengers, and the insurer evaluates and pays the claim from the policy. The driver does not write a personal check, and in Georgia an insurer generally cannot raise premiums or cancel a policy merely because someone filed a claim under it when the insured was not at fault, because premium consequences track fault rather than who files. In practice the insurer handles the process, and the driver’s involvement may be limited to giving a statement. Declining to pursue an available policy because of the relationship means absorbing medical bills, lost income, and pain that the coverage was purchased to address.

Which Driver’s Insurance Responds

In a two-car crash involving a passenger, fault determines which insurer is primarily responsible. When the other driver was at fault, that driver’s liability insurance is the primary coverage and the passenger pursues a third-party claim against it, though the carrying driver’s uninsured/underinsured coverage may matter if the at-fault driver is underinsured. When the carrying driver was at fault, that driver’s liability insurance covers the passenger’s injuries. When both drivers share fault, both liability policies are available, and Georgia’s modified comparative negligence system under OCGA 51-12-33 assigns a percentage to each driver, with each insurer responsible for its driver’s share. Because a passenger with zero comparative fault is not subject to the reduction that applies to an at-fault party, the passenger’s recovery is not cut by either driver’s allocation. How fault percentages operate is addressed in the discussion of Georgia comparative negligence.

Multiple Coverage Sources Available to Passengers

Passengers often have access to more coverage than they realize. The at-fault driver’s liability policy is the primary source up to its limits. A passenger’s own auto policy uninsured/underinsured motorist coverage can apply even though the passenger was riding in someone else’s vehicle, because in Georgia that coverage protects the policyholder and travels with the person, a point addressed in the discussion of Georgia uninsured and underinsured motorist coverage. A passenger’s own Medical Payments coverage may extend to them as a passenger in any vehicle, paying medical expenses regardless of fault, and in Georgia MedPay generally carries no subrogation right, so it is not repaid out of a later liability recovery. The carrying vehicle’s MedPay typically covers passengers as well, providing prompt medical-expense coverage while the liability claim resolves. And a passenger who does not own a vehicle may have access to uninsured/underinsured coverage through a resident family member’s policy, depending on its terms. Identifying every available source is among the first analytical steps in a passenger claim, and coordination among policies is addressed in the discussion of multiple insurance policies in Georgia.

Illustration: A Passenger With No Reduction for Driver Fault

The following figures are illustrative arithmetic only and reflect no actual case. Suppose a passenger sustains $100,000 in damages in a two-car crash in which the factfinder assigns 60% fault to the other driver and 40% to the carrying driver. Because the passenger bears zero comparative fault for the collision, the $100,000 is not reduced; instead, the allocation governs which insurer pays what, with the other driver’s insurer responsible for the share tied to 60% fault and the carrying driver’s insurer responsible for the share tied to 40%. The passenger’s recovery is not diminished by the split between the two drivers. The arithmetic shows why a zero-fault passenger is in a strong position even when both drivers are partly to blame.

The Seatbelt Issue for Passengers Under SB 68

Senate Bill 68 changed the seatbelt rule, and this is the principal comparative-fault risk a passenger now faces. Under the amended OCGA 40-8-76.1, evidence of seatbelt non-use is admissible, and that change applies to actions commenced on or after April 21, 2025. This provision is keyed to the filing date of the action, not the accident date, so it turns on when suit is commenced. A passenger who was not wearing a seatbelt may face a comparative-fault allocation for that non-use even though the passenger’s fault for the collision itself is zero, because the defense can argue the passenger failed to take a reasonable step to protect against injury. A jury can assign a percentage for the non-use, which reduces recovery proportionally. In most scenarios this is a limited reduction rather than something approaching the 50%-or-more bar, but the risk is real for actions filed after the effective date. Documentation that a passenger was belted, such as a notation to the responding officer, vehicle data, or corroboration from others in the car, can be significant. The broader seatbelt analysis appears in the discussion of the seatbelt defense in Georgia car accident cases.

Rideshare Passengers

A passenger in an Uber, Lyft, or similar vehicle during an active trip generally has access to $1 million in liability coverage under the platform’s commercial policy. Under Georgia’s transportation-network-company framework in OCGA 33-1-24, this is the coverage that applies during Period 3, when a ride has been accepted and a passenger is in the vehicle. Period 3 is distinct from Period 2, when the app is on and the driver is available but no passenger has yet been picked up, during which lower contingent limits apply. A paying passenger with no control over the vehicle, covered by the Period 3 policy, is in one of the strongest positions available in a car accident claim. App records showing the active trip and downloaded trip history help confirm that the trip was active at the time, and these records should be preserved promptly because app histories can be difficult to retrieve later. The full rideshare insurance analysis appears in the discussion of Uber and Lyft accident liability in Georgia.

Frequently Asked Questions

Can a passenger sue the driver of the car they were riding in? A passenger may pursue a claim against that driver’s liability insurance, which exists to cover injuries to passengers. It is an insurance claim rather than a personal action against the driver.

Is a passenger’s recovery reduced when both drivers share fault? Generally no for the collision itself. A passenger with zero comparative fault is not subject to the reduction that applies to an at-fault party; the allocation between drivers determines which insurer pays.

Can a passenger be assigned fault for not wearing a seatbelt? Under the amended OCGA 40-8-76.1, seatbelt non-use is admissible in actions commenced on or after April 21, 2025, so a passenger may face a proportional reduction for non-use even with zero fault for the crash.

How much coverage applies to an Uber or Lyft passenger in Georgia? During an active trip, Period 3 under OCGA 33-1-24, the platform’s commercial policy generally provides $1 million in liability coverage.

Sources and Legal Authorities

• OCGA 51-12-33 (modified comparative negligence)
• OCGA 40-8-76.1 (adult seatbelt admissibility; SB 68; actions commenced on or after April 21, 2025)
• OCGA 33-1-24 (transportation-network-company insurance; Period 3 active-trip coverage)
• Senate Bill 68 (Georgia 2025), effective April 21, 2025
• Georgia Medical Payments coverage (no subrogation) and uninsured/underinsured motorist coverage principles

Disclaimer

This guide provides general legal information about passenger injury claims under Georgia law as of 2026. It is educational, is not legal advice, and is not provided by a law firm. The illustrative figures are arithmetic examples and are not predictions for any individual case. Laws and policy terms change, and outcomes depend on specific facts and coverage. Anyone seeking advice about a particular situation should consult a licensed Georgia attorney.