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It's my understanding that you are responsible for your passenger's seat belt use. If they were unbuckled during a traffic stop, for instance, you'd get the ticket. It's possible in this case that your insurance company would sue HIS insurance company at a later date to recover the claim/loss. Actually this is an interesting question and I'm only throwing out ideas. I'd like to hear more about it myself, perhaps from an insurance expert.

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Ignoring the interesting aspect of the seat belt being unfastened, this would normally work by first depleting the personal injury protection of the driver(s) at fault in the accident, then the at-fault parties supplemental coverage (umbrella) if they have it, then finally the passenger's personal medical insurance if they have it.

I'm with Shifty. I don't see the seatbelt as being all that relevant initially, unless some of the insurance specifically excludes coverage for non-belted passengers or something.

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Interesting problem. I linked your post over to the Questions About Auto Insurance & Accidents CarSpace forum. Maybe someone over there will have some more to say about who pays.

Feel free to click the Answer this Question button to reply and add other details (like, were you found at fault by the cops, and did the getting the phone contribute to the accident?).

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The law usually hold the driver responsible for everything that goes on in the car. Thus if your passenger has dope on him you can get arrested when the cop pulls you over even though you didn't know he had it. By the same token, you are responsible to see that your passenger is belted in even if he/she is a knuklehead.

It's kind of like the cheating spouse theory. Your wife has an affair and becomes pregnant. You are legally the father of the child and must pay support because the child was born while the two of you were married.

Not fair but there you go.

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