You were passenger on motorcycle. Driver crashed. You’re injured. Who pays your medical bills?
Depends on who was at fault. If other driver caused crash, you sue them. If motorcycle rider caused crash, you sue rider. If both share fault, you sue both and recover from whoever has available insurance.
Passenger injury claims are strategically different from rider claims. You have advantages: no comparative fault typically (you did nothing to cause crash), no “reckless biker” bias (you weren’t driving), easier liability proof (someone else was negligent, not you). But you also have complexities: potential claim against person you know (rider who gave you ride), insurance policy limits may be insufficient (stacking coverage if available), relationship dynamics (suing friend/family member).
This guide explains passenger rights in Georgia, who you can sue, how insurance coverage works, how to prove your claim, and navigating the emotional complexity of claiming against rider you know.
Your Rights as Motorcycle Passenger
Georgia law: Passengers are owed duty of care by both motorcycle rider and other drivers.
You can recover if either:
- Motorcycle rider was negligent (speeding, reckless, impaired, violated traffic law)
- OR other driver was negligent (failed to yield, ran red light, distracted)
- OR both shared fault
No comparative fault typically:
Georgia’s comparative fault rule (Post #13): plaintiff partially at fault reduces recovery proportionally. 50%+ at fault = zero recovery.
This applies to active participants. Passengers are usually passive – you weren’t driving, weren’t making decisions about speed/lane position/following distance.
Exception: You contributed to crash by:
- Grabbing controls (pulled on handlebar, grabbed brake)
- Distracting rider (sudden movement, yelling, physical contact)
- Interfering with rider’s ability to operate (shifted weight dramatically mid-corner)
If you did none of these, you have zero fault. Full recovery against whoever caused crash.
Who You Can Sue
Option 1 – Sue at-fault other driver:
If car caused crash (failed to yield, left turn across rider’s path, rear-ended stopped bike), you sue car driver.
This is straightforward: car driver negligent, you injured, car driver’s insurance pays.
Option 2 – Sue motorcycle rider:
If rider caused crash (speeding, reckless, impaired, illegal lane split), you sue rider.
Emotionally complicated: rider is friend/family member who gave you ride. But you have legal right to compensation.
Option 3 – Sue both:
If both rider and other driver share fault, you sue both and recover from each proportionally.
Example:
- Rider was speeding 20mph over limit
- Car failed to yield at intersection
- Fault allocated: rider 40%, car driver 60%
- Your damages: $200,000
- You recover: $80,000 from rider’s insurance, $120,000 from car driver’s insurance
Important: You don’t choose who was “more” at fault. Jury or settlement determines fault allocation. You claim against all negligent parties and let liability determination sort out percentages.
Insurance Coverage for Passenger Claims
Rider’s liability insurance:
Georgia requires minimum $25,000 per person bodily injury liability. Many riders carry $50,000-100,000 or higher.
Rider’s liability insurance covers:
- Injuries to other drivers
- Injuries to passengers (if rider was at fault)
- Property damage to other vehicles
If rider was at fault: You claim under rider’s liability coverage, same as any third-party claim.
Example:
- Rider has $100,000 liability coverage
- Rider was 100% at fault (speeding, crashed single-vehicle)
- Your injuries: $150,000
- Rider’s insurance pays: $100,000 maximum (policy limit)
- Rider personally liable for remaining $50,000 (but often uncollectible – most riders don’t have assets beyond insurance)
If other driver at fault: You claim under other driver’s liability insurance. Rider’s insurance not involved.
If both at fault: You claim against both insurers proportionally.
Policy limits problem:
Motorcycle liability limits often low ($25,000-50,000 minimum coverage common).
If your injuries exceed policy limits and rider has no personal assets, you may be undercompensated.
Uninsured/Underinsured Motorist (UM/UIM) Coverage:
If you have your own auto insurance policy, your UM/UIM coverage may apply.
Example:
- Rider’s policy: $25,000 (paid)
- Your damages: $100,000
- Shortfall: $75,000
- Your UM/UIM coverage: $100,000
- You claim additional $75,000 from your own UM policy
Not all states allow UM stacking for motorcycle passengers. Georgia allows it if your policy doesn’t exclude it. Check your policy.
Rider’s UM coverage:
Some riders carry UM coverage on their motorcycle policy. If at-fault driver was uninsured, rider’s UM coverage might extend to passengers.
Policy-specific. Check rider’s policy declarations.
Proving Your Claim
What you must prove:
- Duty: Rider (or other driver) owed you duty of reasonable care
- Breach: Rider (or other driver) breached that duty through negligence
- Causation: Breach caused the crash
- Damages: You suffered compensable injuries
Duty and breach:
Same as any negligence claim:
- Rider speeding = breach
- Driver ran red light = breach
- Rider impaired = breach
Causation:
Easier for passengers than riders. You weren’t driving, so comparative fault defenses don’t apply. You simply prove: rider/driver was negligent, crash occurred, you were injured.
Damages:
Standard personal injury damages (Post #19):
- Medical bills
- Lost wages
- Pain and suffering
- Permanent disability
- Property damage (damaged helmet, jacket, gear)
Claiming Against Rider You Know (Emotional Complexity)
The hardest scenario:
Rider is friend/family member. They gave you ride. Crash wasn’t malicious. But you have $100,000 medical bills and can’t work.
You need compensation. Rider’s insurance should pay. But it feels like betrayal.
Realities:
Insurance pays, not rider personally (usually):
Unless rider intentionally caused crash (assault), their liability insurance pays your claim. Rider’s personal assets not at risk unless damages exceed policy limits.
Claiming against insurance ≠ suing friend personally (though lawsuit names rider as defendant).
Rider’s insurance rates may increase:
Claim on rider’s liability coverage = at-fault accident on record. Rates increase. Rider pays higher premiums for years.
This is real financial consequence for rider. But their insurance exists for this purpose.
Relationship may suffer:
Some friendships/family relationships survive. Some don’t. Legal claim creates tension even when logically everyone understands “insurance should pay.”
Alternative:
Not claiming means you absorb $100,000 medical bills personally. Financially devastating for most people. You can’t afford nobility.
Communication matters:
Talk to rider before filing claim (if safe to do so): “I have $100k in medical bills. I need to file claim against your insurance. I’m not trying to hurt you personally – your insurance should cover this. I hope you understand.”
Some riders understand. Some don’t. But honesty upfront preserves relationship better than rider finding out via lawsuit service.
When rider has no insurance:
Claiming against uninsured rider means suing them personally. Judgment against their personal assets.
Most people have no significant assets beyond insurance. Judgment becomes uncollectible. You pursue your own UM coverage instead.
Passenger vs Rider Claim Differences
Advantages passengers have:
No comparative fault (usually):
Riders often face “you were speeding” or “you should have seen car” arguments. Passengers face none of this. You weren’t controlling the bike.
No “reckless biker” bias:
Juries sometimes assume riders are reckless. Passengers don’t face this stereotype. Jury sympathy often higher for “innocent passenger.”
Simpler liability:
Rider claims require proving other driver’s fault while defending against comparative fault allegations. Passenger claims are cleaner: someone was negligent, you were injured, period.
Disadvantages passengers may face:
Limited insurance coverage:
Rider’s $25,000 policy doesn’t go far if your injuries cost $200,000. Rider rarely has personal assets to cover gap.
Relationship complications:
Suing rider you know creates emotional complexity rider-vs-other-driver claims don’t have.
Burden to identify at-fault party:
If crash circumstances unclear, you must prove rider or other driver (or both) was negligent. Can’t just say “someone crashed, pay me.”
Special Scenarios
Scenario 1 – Rider killed in crash:
If rider died and was at fault for crash causing your injuries, you claim against rider’s estate via rider’s liability insurance.
Complicated by wrongful death claim rider’s family might file against other driver. Both claims proceed simultaneously.
Scenario 2 – Multiple passengers:
Two passengers on bike, both injured. Each has separate claim. Policy limits divided if both claims exceed limits.
Example:
- Rider’s policy: $100,000
- Passenger A injuries: $80,000
- Passenger B injuries: $120,000
- Total claims: $200,000
- Policy pays proportionally: Passenger A gets $40,000, Passenger B gets $60,000 (each gets 50% of policy because total claims are 2x policy limit)
Scenario 3 – Passenger partially at fault:
Rare, but possible: passenger grabbed controls causing crash.
Comparative fault applies. Example:
- Your damages: $100,000
- Jury finds: you 30% at fault (grabbed handlebar), rider 70% at fault (speeding)
- You recover: $70,000 (reduced by your 30% fault)
Scenario 4 – Hit-and-run:
Unknown driver fled. Rider not at fault.
You claim under rider’s UM coverage (if policy includes it) as phantom vehicle claim (Post #24). Must prove physical contact with fleeing vehicle.
Strategic Considerations
Investigate before claiming:
Determine who was actually at fault. Police report, witnesses, crash reconstruction. Don’t assume rider was at fault just because you were on their bike.
If other driver clearly caused crash, claim against them (preserves relationship with rider).
Policy limits discovery:
Before settling, verify all available insurance:
- Rider’s liability limits
- Other driver’s liability limits
- Your own UM/UIM coverage
- Any excess/umbrella policies
Settle with one party, might waive claims against others. Know total available coverage first.
Lien resolution:
Same as rider claims: health insurance subrogation, Medicare/Medicaid liens must be resolved from your settlement (Post #20).
Attorney recommended:
Passenger claims involving multiple insurers, fault allocation between two parties, and relationship dynamics require legal navigation. Attorney handles complexity, maximizes recovery, preserves relationships where possible by directing legal action at insurers, not people.
Motorcycle passenger injury rights in Georgia: You can sue (1) at-fault other driver, (2) motorcycle rider if rider negligent, or (3) both if both share fault. No comparative fault typically (you weren’t driving, you’re passive). Exception: if grabbed controls or distracted rider. Insurance: Rider’s liability coverage pays if rider at fault, other driver’s insurance pays if they’re at fault, both pay proportionally if both at fault. Policy limits often insufficient ($25-50k typical) – your own UM/UIM coverage may fill gap. Claiming against rider you know: emotionally complex but insurance pays (not rider personally unless damages exceed policy). Passenger advantages over rider claims: no comparative fault defense, no reckless biker bias, simpler liability. Prove: rider or driver negligent, crash occurred, you injured. Attorney recommended for multi-party claims and relationship navigation.
Disclaimer: This article provides general information about Georgia motorcycle accident law and is not legal advice. Every case is different. Consult a qualified Georgia motorcycle accident attorney to discuss your specific situation. Nothing in this article creates an attorney-client relationship.