Passenger Injury Claims in Georgia Car Accidents
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A passenger hurt in a Georgia crash can claim against any driver whose negligence caused the injury, including the driver of the car the passenger was riding in. When both drivers were at fault, each answers for that driver’s share. Since 2025, a passenger’s seat belt nonuse may be offered as evidence on causation and fault, which can reduce recovery.
Whom a passenger can claim against
| Situation | Claim against |
|---|---|
| The other driver caused the crash | The other driver and that driver's liability insurer |
| The passenger's own driver caused it | The passenger's driver and that driver's liability insurer |
| Both drivers were at fault | Both, each for that driver's percentage (O.C.G.A. § 51-12-33(b)) |
| The at-fault driver is uninsured, underinsured, or unknown | Uninsured motorist coverage under policies on which the passenger is an insured |
| The passenger was in a rideshare vehicle | The coverage required for the phase of the trip (O.C.G.A. § 33-1-24) |
A claim against a friend or family member who was driving is paid by that driver’s liability coverage up to its limits; any amount above the limits is the driver’s own debt. Whether the vehicle owner is also liable depends on employment, the family purpose doctrine, or negligent entrustment, explained in when employers and vehicle owners are liable for Georgia car accidents.
Sharing limits with others in the car
When several people are hurt, they may draw on the same per-accident limit. A 25/50 policy pays no more than $25,000 for any one person and $50,000 for everyone together. For example, imagine three passengers with $40,000, $30,000, and $20,000 in damages: the first is capped at $25,000, and all three together can draw no more than $50,000 from that policy. Other coverage, including each passenger’s own UM coverage, may fill the gap. The figures are illustrative only; how coverage combines is in multiple insurance policies in a Georgia car accident.
Seat belts and passengers
Under O.C.G.A. § 40-8-76.1(d) as amended in 2025, a passenger’s failure to wear a seat belt “may be considered in any civil action as evidence admissible on the issues of negligence, comparative negligence, causation, assumption of risk, or apportionment of fault”, subject to the court’s power to exclude it. Under Senate Bill 69’s version, it applies to causes of action commenced on or after April 21, 2025. The defense still has to connect nonuse to the passenger’s injuries; see the seatbelt defense in Georgia car accident cases.
Rideshare passengers
For a passenger in an Uber or Lyft, the required coverage depends on the driver’s status. From ride acceptance until the driver completes the transaction or the ride is complete, whichever is later, the company must maintain at least $1 million in primary liability coverage, plus, for causes of action accruing on or after July 1, 2023, uninsured and underinsured motorist coverage of at least $100,000 per person and $300,000 per accident. Details are in Uber and Lyft accident liability in Georgia.
Sources
- O.C.G.A. §§ 33-1-24, 51-12-33 (text of the Official Code of Georgia Annotated, November 2022 release); § 33-1-24(b)(3) as amended by House Bill 529 (2023), as passed House and Senate; § 33-7-11(a)(1)(A) (text as published in March 2024); § 40-8-76.1 (Senate Bill 68 (2025), as passed, § 5; Senate Bill 69 (2025), as passed).
This page describes Georgia law as of October 2026 for general information. It is not legal advice and does not create an attorney-client relationship.