@alliexander ; i am not a lawyer, pero madami na ko nabasa na ganyang situation.
basically, whoever is behind the wheel has the ultimate responsibility of the car.
lets get another example, if a passenger didnt wear a seatbelt, penalty and demerit points goes against the driver , not the passenger.
another example, recently happened in sydney;
(true but sad story) on the way to work, 4 mates got into accident.
Driver survived but one of the passenger died.
The family of the passenger is exercising legal actions against the driver.
kasalanan ba ng passenger sa masamang sinapit nya?
but to answer your question:
sino dapat magbayad, dapat ba kayo tumulong???
usapang magkaibigan na yan.