Hurt as a Passenger in a Car Accident in Georgia: Who Pays?

As a passenger, you usually claim against the liability insurance of whoever caused the crash: the driver of your car, the other driver, or both. You can make a claim against a friend’s or relative’s insurance, and a passenger usually shares no fault for the driving. If the at-fault coverage is too low, your own or a household member’s uninsured motorist (UM) coverage may add to it (O.C.G.A. § 33-7-11).

Georgia has a few special rules when the driver is family. A household exclusion may limit a relative’s claim to the state minimum, and spouses generally cannot sue each other. This guide covers ordinary cars. If you were riding in an Uber or Lyft, see our guide for rideshare passengers.

Whose Insurance Pays When a Passenger Is Hurt in Georgia?

In Georgia, damages are assigned by fault, so the driver who caused the crash pays, usually through their liability insurance (O.C.G.A. § 51-12-33(b)). Every Georgia driver must carry at least $25,000 per person and $50,000 per incident in bodily injury liability coverage, according to the Georgia Office of Insurance and Safety Fire Commissioner.

A passenger is often in a strong position. You were not steering, braking or choosing the lane, so the question is usually which driver pays, not whether you were careless. A single rear-end crash can leave a passenger with claims against one or both drivers.

Passenger claims often involve two or three insurers, and each one points at the others. Sorting out which policy pays first is where many passenger claims stall.

Written by attorney Jonathan Flack. Before founding Flack Injury Law, Jonathan spent two and a half years on the insurance side of commercial truck, tractor-trailer and medical transport van cases. Super Lawyers Rising Star (2024 to 2027). The National Trial Lawyers Top 40 Under 40, Civil Plaintiff (2026). GTLA member. Last reviewed: November 3, 2026.

Who Was at Fault: Your Driver, the Other Driver or Both?

Your claim follows fault. There are three common patterns:

• The other driver was at fault. For example, your car was rear-ended at a light. You claim against the other driver’s insurance, as any driver would. See what to do after being rear-ended in Georgia.
• Your own driver was at fault. You claim against your driver’s liability insurance, even if the driver is a friend.
• Both drivers share fault. You can claim against both. Georgia juries assign each person a percentage of fault and split the damages among those who are liable (O.C.G.A. § 51-12-33(b)).

A jury “shall consider the fault of all persons or entities who contributed to the alleged injury,” even people who are not sued (O.C.G.A. § 51-12-33(c)). So it is often wise to pursue every driver who may share fault.

Can a passenger be blamed?

Usually not for the crash itself, because a passenger is not driving. Your damages are reduced only by your own share of fault, and you recover nothing at 50% or more (O.C.G.A. § 51-12-33(a) and (g)).

Seat belts are the exception to watch. In lawsuits filed on or after April 21, 2025, evidence that you were not wearing a seat belt may be considered on negligence, causation and the share of fault (O.C.G.A. § 40-8-76.1(d)). Our guide to SB 68 explains the 2025 changes.

Which Insurance Policies Can Pay a Passenger’s Claim?

A passenger can often draw on more than one policy. Check each of these:

• The at-fault driver’s liability insurance. This usually pays first. If the driver was using someone else’s car, the owner’s policy and the driver’s own policy may both apply, depending on their terms.
• The UM coverage on the car you were in. Georgia’s UM statute counts “a guest in such motor vehicle” as an insured (O.C.G.A. § 33-7-11(b)(1)(B)). It can help when the other driver was uninsured or underinsured.
• Your own UM coverage, or a household member’s. You are covered as a named insured, or as a spouse or relative living in the same household, “while in a motor vehicle or otherwise” (O.C.G.A. § 33-7-11(b)(1)(B)).
• MedPay on the car you were in. If the policy has it, it covers “any other person legally occupying a covered motor vehicle,” without regard to fault (O.C.G.A. § 33-34-2(1)).
• Your health insurance. Use it for treatment while the claim is open. Your plan may seek repayment later.

One limit matters. A car’s own UM coverage cannot treat that same car as “uninsured” (O.C.G.A. § 33-7-11(b)(1)(D)). So if your driver caused the crash and has low limits, the extra coverage usually has to come from your own household’s UM policy.

Georgia’s default UM coverage is “added-on”: it pays in addition to the at-fault driver’s insurance, up to your total losses (O.C.G.A. § 33-7-11(b)(1)(D)(ii)). See our guide to uninsured motorist coverage in Georgia.

Can You Make a Claim If the Driver Was a Friend or Family Member?

Yes, in most cases. The claim is against the driver’s insurance, which exists for this situation. The insurer usually handles the claim and pays within its limits. Family relationships add three rules.

Household or family exclusions

Some policies exclude injuries to the policyholder’s own family members. The Supreme Court of Georgia held that such an exclusion cannot leave an injured family member unprotected below the state’s required minimum, but it may apply above it (Stepho v. Allstate Insurance Co., 1989). The Court of Appeals later enforced an exclusion above the minimum (Georgia Farm Bureau v. Burch, 1996). Today that minimum is $25,000 per person.

If the driver was your spouse

Georgia keeps interspousal tort immunity (O.C.G.A. § 19-3-8). The Supreme Court of Georgia applied it in a crash case in Gates v. Gates (2003). An exception exists for unusual facts, such as a couple long separated (Harris v. Harris, 1984). Claims against the other driver are not affected.

If the driver was your parent

Georgia generally bars an unemancipated minor from suing a parent for negligence (Donegan v. Davis, Ga. Ct. App. 2011). The child can still claim against the other driver. Siblings are different: in Stepho, the Supreme Court of Georgia found no immunity between an adult driver and his minor brother.

When the Injured Passenger Is a Child

Children are usually passengers, so their claims follow the same insurance rules. Settling a child’s claim has extra steps, and larger settlements may need court approval. See how to settle a minor’s injury claim in Georgia.

A child generally gets the same time to sue after turning 18 (O.C.G.A. § 9-3-90(b)). Do not wait on that rule without advice, because evidence and witnesses fade.

How Long Does a Passenger Have to File a Claim in Georgia?

Generally two years from the crash to settle or file suit (O.C.G.A. § 9-3-33). Talking with an adjuster does not pause that deadline. See how long you have to file a claim in Georgia.

What to Do After a Crash as a Passenger

• Get the crash report. Confirm that you are listed as an occupant.
• Collect both drivers’ insurance information. Get policy numbers for every car involved.
• Check your own household’s policies. Look for UM and MedPay on your car and on any relative’s car in your home.
• Get medical care and keep the records. Neck, back and hip pain after a rear-end crash often needs follow-up care.
• Be careful with recorded statements. Each insurer may ask how the crash happened and who was at fault.
• Read any release before signing. A release from one insurer can affect claims against others, including your UM claim.

For more on claims where you did nothing wrong, see what to do after a not-at-fault car accident in Georgia.

Why Injured Passengers Call Flack Injury Law

A passenger claim can be awkward when the driver is a friend or relative. We represent injured people only. We handle the insurers, so you do not have to argue with someone you care about. Jonathan keeps a limited caseload and works directly on every case.

Call (678) 653-0309. Calls are answered 24/7, and the consultation is free. You owe no fee and no case costs unless we recover money for you.

Passenger Injury Questions

Related Guides

• Hurt in an Uber Accident in Georgia: Who Pays My Medical Bills?
• Do You Have Enough Uninsured Motorist Coverage in Georgia?
• Settling an Injury Claim for a Child in Georgia: Court Approval and the $25,000 Rule
• Rear-Ended in Georgia: What to Do and Who Pays for Your Injuries

See all our guides for people hurt in Georgia crashes.