Fulton County, Georgia Subrogation Claim Settles for $4,200

On January 12, 2016, a motor vehicle accident occurred in Fulton County, Georgia. The driver, operating a vehicle owned by another individual with alleged permission for a family purpose or in furtherance of employment, was accused of negligent operation. This alleged negligence resulted in damage to another vehicle and injuries to its occupants. The insurer of the damaged vehicle subsequently paid $8,182.64 for vehicle damages and $25,000.00 for an occupant's permanent injuries under the uninsured and underinsured coverage portion of its policy.

On May 11, 2017, the insurer filed a complaint against the driver and vehicle owner, asserting its subrogation rights to recover the payments made, plus interest and costs. The defendants responded on March 8, 2018, by raising numerous defenses, including claims of insufficient service, improper venue, laches, lack of jurisdiction, and challenges to the plaintiff's standing as the real party in interest. Additional defenses included voluntary payment, assumption of risk, contributory or comparative negligence, and failure to mitigate damages.

The case proceeded toward trial, but the parties engaged in settlement discussions and mediation. While the court initially granted summary judgment in favor of the insurer for over $34,000, it later denied both the insurer's motion for summary judgment (finding it untimely) and the defendants' motion to enforce a settlement agreement. Ultimately, the parties reached a new settlement. On February 18, 2020, the court approved a consent order under which the defendants agreed to pay the insurer $4,200 in monthly installments. The agreement stipulated that a default in payments would entitle the insurer to judgment for the full amount plus interest. The case was terminated on May 29, 2020, with a consent judgment entered for the insurer.