Last updated · Reviewed by Ron McMinn, Esq.
Yes. A passenger hurt in a California crash can generally claim against the driver they were riding with, even if that driver is a friend or relative, and against any other driver who shares fault. In most cases the driver’s liability insurance pays, so a claim is not usually a demand on the driver’s own savings. Other sources may include the vehicle owner, your own medical payments and uninsured motorist coverage, and, after a death, the family’s wrongful death claim. This guide is general and does not decide what happened in any real crash.
What was reported?
ABC10 reported, citing the California Highway Patrol, that a man died after a three-vehicle crash on Watt Avenue near Cottage Way in Arden-Arcade on Tuesday, November 3, 2026, that he may have been under the influence, and that the crash remains under investigation. That report did not describe any passengers, and we are not naming anyone or assigning fault. Reports like this prompt a question families often ask quietly: if the person driving was at fault, can a passenger still be paid?
Who can a passenger claim against?
- The driver of your vehicle. A passenger can claim that the driver was careless. The driver’s liability insurer usually responds and defends.
- The other driver. If another driver shares fault, that driver’s insurer may owe part of the loss. Passengers are not blamed for how the drivers behaved.
- The vehicle owner. If the driver was using someone else’s car with permission, Vehicle Code section 17150 makes the owner responsible, but section 17151 caps that liability unless an agency relationship such as employment applies.
- An employer. If the driver was working, such as making a delivery, the employer’s insurance may be involved.
- Your own insurance. Medical payments coverage may pay bills without regard to fault. Uninsured or underinsured motorist coverage may help if the drivers’ insurance falls short. Our UM and UIM page explains the basics.
What if the passenger owned the car?
The rule is different. Vehicle Code section 17158 says an owner who is riding in their own car, driven by someone with their permission, has no right of action against the driver unless the injury resulted from the driver’s intoxication or willful misconduct. It applies only to the owner. A passenger who does not own the car is not covered by that limit.
Can a passenger be blamed for riding with the driver?
Insurers sometimes try. They may argue a passenger knew the driver had been drinking, was not wearing a seat belt, or distracted the driver. California divides fault by percentage, so a share assigned to a passenger reduces the recovery but does not necessarily end it. Those are arguments, not facts, and the evidence decides how much they weigh. Messages, receipts and witness accounts about the evening can matter in either direction.
What if the driver was impaired?
Impairment can raise the value of a claim and the number of people involved. It can lead to a request for punitive damages when the facts support it, and it affects what the insurer says. It does not usually add a claim against the person who served the alcohol. Civil Code section 1714 says furnishing alcohol is not the cause of injuries from intoxication, and a social host who furnishes alcohol generally is not responsible, with a narrow exception for adults who knowingly furnish alcohol at their residence to someone under 21. Our guides on passengers hurt by an impaired driver and punitive damages after drunk driving go deeper on those themes.
What if the driver was a relative, or has little insurance?
Two problems come up. First, some auto policies exclude injuries to family members who live in the same household, as our motorcycle passenger guide explains, so the policy wording controls. Second, minimum limits can be small. For policies issued or renewed on or after January 1, 2025, Vehicle Code section 16056 sets the minimum at 30,000 dollars for one person and 60,000 dollars per accident. If several passengers are hurt, they may share one limit. Your own uninsured and underinsured coverage may then matter more than people expect.
What if the driver died?
A passenger can still claim against the driver’s estate and its insurance, and Code of Civil Procedure section 366.2 generally sets a one-year deadline after the death, which can be shorter than the usual two years. If a passenger died, the family may bring wrongful death and survival claims. Our wrongful death guide and wrongful death page explain who can file. If the ride was through an app, our guide on Uber and Lyft insurance applies. For a ride on a scooter, see our e-scooter passenger guide.
What to save
- The crash report number and the names of everyone involved, with each driver’s insurance information.
- Photos of the vehicles, the scene and your injuries, and your seat position and belt use if you remember it.
- Text messages, photos and receipts from the day or night, including anything that shows who drove and why.
- Medical records and bills, and the name of every insurer that has called you. Be careful with recorded statements, and ask to review them first.
- Your own policy declarations page, including medical payments and uninsured motorist coverage.
What are the deadlines?
- Two years for most injury and wrongful death lawsuits, under Code of Civil Procedure section 335.1.
- One year after a death for claims against the estate of a person who died, in many cases.
- Six months for a written claim against a public entity, under Government Code section 911.2.
- Policy notice periods for medical payments and uninsured motorist claims. Tell the insurer promptly.
Frequently asked questions
Can a passenger sue the driver if the driver caused the crash?
Yes. A passenger can generally claim against the driver they were riding with. The driver’s liability insurer usually responds, so the claim is not usually paid from the driver’s own pocket.
Can I claim if the driver was a friend or family member?
Yes, in most cases. Some policies exclude injuries to resident relatives, so the policy wording matters, and your own medical payments or uninsured motorist coverage may help.
Can a passenger be blamed for riding with a driver who had been drinking?
An insurer may argue shared fault, and a jury could assign a percentage. That reduces recovery but does not necessarily bar it, and the evidence decides.
Does a passenger who owns the car have a different rule?
Yes. Under Vehicle Code section 17158, an owner riding in their own car driven by a permitted driver generally cannot sue the driver unless the injury resulted from intoxication or willful misconduct.
Can I sue the person who served the driver alcohol?
Usually not. Civil Code section 1714 says furnishing alcohol is not the cause of injuries from intoxication and generally protects social hosts, with a narrow exception for knowingly furnishing alcohol to someone under 21 at the adult’s residence.
How long do I have to bring a passenger claim?
Most California injury lawsuits must be filed within two years. If the driver died, a claim against the estate generally has a one-year deadline, and public entity claims need a written claim within six months.
Talk to us
If you were hurt as a passenger, or lost someone who was, we are here to listen and explain your options. Win Attorneys is a California firm that represents injured people throughout the state. Talk to us at (562) 296-5380. We speak Spanish and Vietnamese.
Hablamos español. Chúng tôi nói tiếng Việt.
This article is general information and is not legal advice. Reading it does not create an attorney-client relationship.
Sources: ABC10 reported, Vehicle Code section 17150, Section 17151, Vehicle Code section 17158, Civil Code section 1714, Vehicle Code section 16056, Code of Civil Procedure section 366.2, Code of Civil Procedure section 335.1, Government Code section 911.2.