CA -“If the passenger said “no I’m not” and the driver started driving anyway then its for sure the driver’s fault for being posheia”
That’s exactly what I’m saying, but only in this case is the driver Chaiyuv.
If the driver tells e/o to buckle up and they don’t listen, unless the driver knows that they didn’t listen -then they are Mechuyav to pay, not the driver; if they are Gedolim, not Ketanim.