A passenger can claim against any driver whose negligence contributed, including the driver of the car they were in. A passenger who didn’t control the car may carry little fault, but it isn’t impossible: knowingly riding with a drunk driver, or distracting the driver, can be raised under O.C.G.A. § 51-12-33 or as assumption of risk.
The claim can go through several layers of insurance:
| Source | When it applies | Limits |
|---|---|---|
| Host driver's liability policy | Host at fault | At least $25,000 per person, § 40-9-37 |
| Other driver's liability policy | Other driver at fault | Same minimum |
| Passenger's own UM, or a household policy | Not enough liability | § 33-7-11 |
| Host's UM | "A guest in such motor vehicle," § 33-7-11(b)(1)(B) | Host's limit |
| Medical payments | If the policy has it | Policy amount, regardless of fault |
The hardest situation is a friend or family member at the wheel. Suing them means making a claim against their insurance, and an insurer may use exclusions for household members. Policy language should be read carefully.
A settlement with one driver doesn’t end claims against another, if the release is limited. O.C.G.A. § 33-24-41.1 allows a limited release when a claim is covered by more than one carrier. With several claimants fighting over one small policy, the settling carrier may tender limits under a written agreement among them.
Fault is apportioned among drivers, so a passenger may need to collect from each driver only their share, § 51-12-33(b). A child passenger’s deadline is extended by § 9-3-90(b), and a seat belt issue may be raised under § 40-8-76.1(d).
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.