Why passenger claims work a little differently
As a passenger, you usually had no control over the car. That means your own fault often isn't an issue the way it can be for a driver.
The harder part is often sorting out which driver, or which drivers, caused the crash, and which insurance policies apply. Your claim depends on that answer.
Who you may be able to claim against
- The other driver, through their insurance company.
- The driver of the car you were in, through their insurance company.
- Both drivers, if they both share the blame. Georgia law lets fault be split among the people responsible (O.C.G.A. § 51-12-33), and Arizona uses comparative fault too (A.R.S. § 12-2505).
- Your own policy, which may include coverage such as uninsured or underinsured motorist coverage, depending on what you bought.
The 3-Point Claim Check
- 1
An injury
You were hurt, even if it didn't seem serious at first.
- 2
Someone else at fault
Another driver or company caused the crash.
- 3
Insurance coverage
There's a policy that may cover what happened.
Claiming against the driver you rode with
This can feel awkward, especially if the driver is a friend or coworker. It helps to know that the claim usually goes to their insurance company. That's what liability insurance is there for.
You don't have to decide alone. An attorney can look at who caused the crash and which policies may apply, and help you think through how to handle it with the people involved.
When the driver is a family member
If you were riding with a spouse, parent or someone in your household, the rules can be more complicated. Some policies treat family members or people in the same home differently, and the details depend on the policy wording and state law.
Don't assume you can't claim just because the driver is family. This is a good situation to ask an attorney about, since the answer often turns on the exact policy.
Rideshare and bus passengers
If you were riding in a rideshare car, the rideshare company's insurance may apply, depending on what the driver was doing at the time of the crash. Our rideshare page goes into more detail.
If you were on a city bus or in a government vehicle, deadlines are much shorter. In Arizona, notice to a public entity is due within 180 days (A.R.S. § 12-821.01). In Georgia, notice is due within 6 months for a city (O.C.G.A. § 36-33-5) and 12 months for a county (O.C.G.A. § 36-11-1) or the state (O.C.G.A. § 50-21-26).