October 7, 2026 · By John C. Hubbard, Attorney
A passenger hurt in an Alabama wreck usually has the cleanest claim in the case, because the passenger was not driving either car. There are three rules that can change that, and insurers know all three. Here is how passenger claims work in Alabama, including the one situation where a passenger can lose the claim entirely.
Whose insurance pays a passenger?
Whichever driver was at fault, and sometimes both. If the other car caused the wreck, the claim is against that driver’s liability coverage. If the driver of the car you were in caused it, the claim is against that driver’s coverage, subject to the guest statute discussed below. If both were at fault, both. If the at fault driver was uninsured or underinsured, your own uninsured motorist coverage applies even though you were not in your own car, and so does the UM coverage on the car you were riding in. Alabama allows those policies to stack. A passenger with a serious injury often has more available coverage than either driver realizes.
Does the driver’s fault get held against the passenger?
No. Alabama does not impute a driver’s negligence to a passenger. The Supreme Court rejected that argument in Miles v. Celadon Group, where a city employee riding in a city bus was hurt in a wreck caused partly by the bus driver, and the defense argued her claim was barred by the driver’s negligence. The rule from Shannon v. Hollingsworth is that a driver’s negligence can be imputed to a passenger only where the passenger had assumed guidance or management over the operation of the vehicle in a way that bears directly on the cause of the wreck. Telling the driver the route is not control. Sitting in the back seat is not control.
When a passenger can be contributorily negligent
A passenger has a duty of ordinary care for her own safety, but it is a duty that arises only from known and appreciated circumstances. In Thomas v. Earnest, a rear seat passenger in a car driven by a sixteen year old was not negligent for failing to warn the driver about tall weeds blocking the view at an intersection, because nothing indicated the driver had not seen them and the passenger was not directing the driving. The Supreme Court described the passenger’s duty as resultant, brought into effect by circumstances the passenger actually knew about, and said there is no fixed rule for when it arises. In practice, a passenger who was asleep, looking at her phone, or simply trusting a competent driver has not breached any duty.
The exception: riding with a driver you knew was impaired
This is the rule that ends passenger claims. In Driver v. National Security Fire & Casualty Co., 658 So. 2d 390 (Ala. 1995), a passenger was hurt when her friend, who had been drinking, collided with an uninsured driver. The passenger sued the other driver and her own uninsured motorist carrier. The carrier argued she knew her friend had been drinking and got in the car anyway, and the Supreme Court held that was a jury question on contributory negligence. The passenger’s duty, the court said, is the same whether the claim is against the drunk driver or against a third party. Because Alabama follows pure contributory negligence, a jury finding that you knew the driver was impaired and rode along bars the whole claim, even against the other driver and even against your own insurer. If alcohol was involved in the car you were riding in, tell the firm everything about what you knew and when, because that is the first thing the defense will investigate.
The guest statute
Alabama’s guest statute, Ala. Code § 32-1-2, bars a passenger from suing the driver of the car she was riding in for ordinary negligence unless the driver was willful or wanton. It applies to guests, meaning people riding without paying and without conferring a benefit on the driver. It does not apply to a passenger who was paying for the ride, to a rideshare passenger, to an employee riding for work, or in most courts to a child too young to consent to being a guest. It never applies to the claim against the other driver. A passenger hurt by her own driver’s ordinary carelessness therefore often has no claim against that driver, but a passenger hurt by a driver who was drunk, racing, or texting at speed may, because that conduct can be wanton.
Children as passengers
A child under seven cannot be contributorily negligent as a matter of law, and a child between seven and fourteen is presumed incapable of it. A parent’s negligence is not imputed to the child. A child passenger’s claim is brought by a parent or guardian and any settlement must be approved by the court.
What to send the firm
The crash report, the names and insurance of both drivers, your own declarations page and the one for the car you were riding in, and the names of the places you have treated. If you rode with someone who had been drinking, say so. The review is free and there is no attorney’s fee unless money is recovered. Alabama 205-378-8121, Texas 832-410-8121. Se habla español.
Related guides
- Uninsured motorist claims in Alabama
- Contributory negligence in Alabama
- Alabama Rules of the Road: which traffic laws decide fault
- What an Alabama car accident settlement is worth
Practice pages: car wreck lawyer, Birmingham personal injury lawyer, injury FAQ.
This post is general information about Alabama law, not legal advice, and contacting the firm does not create an attorney-client relationship. No representation is made that the quality of legal services is greater than that of other lawyers.