Georgia Legal Guide: How to Get Compensated if You Were a Passenger in a Georgia Car Accident
Can a passenger sue the driver of the vehicle they were riding in?
Yes. A passenger can pursue a claim against the host driver’s liability insurance if the host driver was negligent. Georgia law recognizes that a guest passenger may assume the host driver will drive carefully. UM/UIM coverage under O.C.G.A. § 33-7-11 may also apply if the host driver’s liability limits aren’t enough to cover the injuries.
Can a passenger recover compensation if the at-fault driver was uninsured?
Yes. UM coverage under O.C.G.A. § 33-7-11, which treats hit-and-run drivers and uninsured drivers the same. Passengers can stack UM coverage from the vehicle they were riding in, their own policy, and any resident relative’s policy.
What happens if multiple injured passengers exceed the at-fault driver’s per-accident limits?
The per-accident limit (a minimum of $50,000 under O.C.G.A. § 33-7-11) is split among the passengers, so each one’s share is often far less than their actual damages. Once that is exhausted, each passenger should pursue their own UM/UIM and any resident-relative UM/UIM coverage, which is calculated per claimant not split.
Can an Uber or Lyft passenger use their own car insurance after a rideshare crash?
Yes. Under Georgia’s “receipt of premium” rule and O.C.G.A. § 33-1-24, an Uber or Lyft passenger’s personal UM/UIM coverage can apply, even though they weren’t driving their own car.
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