Passengers are almost never at fault, so you can usually claim against every driver who caused the crash, including the driver of your own car. You may also have PIP and uninsured motorist coverage through that car’s policy or your own. One limit applies to unpaid rides with close relatives.
A passenger’s claim is often the cleanest in a crash because the passenger did not cause it. Under Chapter 33 of the Civil Practice and Remedies Code, fault is divided among the people responsible, and a passenger usually bears none. You can claim against the other driver, your own driver, or both, depending on who caused the crash.
Several policies may pay. The driver of your car has liability coverage that protects you if that driver was at fault. The car’s policy typically includes PIP for occupants unless it was rejected in writing under Insurance Code section 1952.152, and your own policy may add more. Uninsured and underinsured motorist coverage on the car you were in, and sometimes your own household policy, can apply if the at-fault driver lacked enough insurance.
Texas has a rule for family. Civil Practice and Remedies Code section 72.001 limits a free-riding passenger who is related to the driver within the second degree, which includes a spouse, parents, children, and siblings, to claims for intentional or reckless conduct. It does not apply to friends, coworkers, paying passengers, or claims against the other driver.
Suing a friend’s insurance can feel awkward, but the claim is paid by the insurer, not your friend, and that is what liability coverage is for. If a defendant is more than 50 percent responsible, section 33.013 makes that defendant jointly and severally liable for all of your damages.
Rideshare passengers have additional coverage under Insurance Code chapter 1954. Owsley Law Firm sorts out every policy that applies to a passenger and charges no fee unless it wins.
What to do, step by step
- Get medical care and keep every record.
- Get the names and insurers of all drivers involved.
- Ask about PIP under the car’s policy and your own.
- Note whether you were related to your driver and whether you paid for the ride.
- Have a lawyer identify every policy before you settle with any insurer.
When several passengers are hurt, they share the at-fault driver’s per-crash limit, so moving early matters when coverage is small.
A passenger who was not wearing a seat belt may face arguments about responsibility for the injuries; the Texas Supreme Court allowed that evidence in Nabors Well Services v. Romero (2015).
Child passengers have their own considerations. A parent brings the claim for the child, and a parent’s claim for the child’s medical expenses follows the regular two-year deadline even though the child’s own deadline is paused until 18 under section 16.001. Settlements for minors often need court approval.
Passengers in commercial vehicles, buses, and vans have additional options. A bus operator that is a common carrier owes passengers a high degree of care under Texas law, and a government bus operator falls under the Tort Claims Act with its notice deadlines.
Passengers often feel pressure to settle quickly to avoid conflict with a driver they know. The claim is paid by insurance, and a passenger is entitled to a fair recovery just like anyone else hurt in the crash.
Mistakes that cost people money
- Not claiming against your own driver out of loyalty.
- Assuming you have no coverage because you were not driving.
- Settling with one insurer and losing UIM rights.
- Missing the rideshare policy when the driver was working.
Related questions
Can I sue my spouse who was driving?
Under section 72.001, an unpaid passenger related within the second degree, including a spouse, can recover only for intentional or reckless conduct.
Does the guest rule apply to friends?
No. It applies only to relatives within the second degree. Friends and coworkers can claim ordinary negligence.
Who pays if both drivers were at fault?
Both, in proportion to fault, and a driver more than 50 percent at fault is jointly and severally liable under section 33.013.
Can a passenger make a PIP claim on their own policy?
Often yes, depending on the policies involved. A lawyer can sort out which PIP coverage applies first.
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