Just to add that insurers sometimes try to recover their outlay.
So, you may make a claim on your own insurance and the your insurer decides to sue to try to recover.
A condition of accepting your payout is that you will allow the insurance company to sue on your behalf.
So although the 'passengers' may be issuing writs, it could be the insurance companies who are doing it.
However, this is purely speculation and that is why I have refrained from commenting on the rights and wrongs of any actions, I don't know enough to have a sensible opinion and neither does any one else on this thread.