A passenger may claim damages from the insurance company for the other driver, or from the insurance company for his or her own driver (even if a spouse or family member), or both, depending on which driver was at fault. In most cases a passenger's claim against the negligent driver of the other vehicle is not reduced by the comparative negligence of the passenger's own driver. If both the passenger and driver claim damages against another vehicle and there is evidence that the passenger's own driver was partly at fault, the passenger may need to engage separate counsel to avoid a conflict of interests.