Georgia Court Awards $29,200 in Motor Vehicle Negligence

An insurance company initiated a lawsuit in January 2019, alleging a defendant negligently operated a motor vehicle on or before September 12, 2017. The plaintiff claimed the incident caused property damage and bodily injuries to its insured, leading to a total loss for the insured's vehicle. The insurer stated it paid its insured $15,952.00 for vehicle damage, $748.82 for loss of use, and $12,500.00 under an uninsured motorist policy, totaling $29,200.82. The plaintiff sought to recover these payments, asserting subrogation rights under Georgia law.

The defendant filed a defense in February 2019, asserting the case had been settled in traffic court. However, the defendant did not deny the plaintiff's allegations or file any counterclaims. In response, the plaintiff filed a motion for judgment on the pleadings, arguing that the defendant had failed to present a proper defense or dispute the claims in the complaint, which did not comply with Georgia's procedural rules.

The court initially granted the plaintiff's motion regarding liability but later issued a contradictory ruling denying it. The case concluded in November 2019 when the court granted the plaintiff's motion to strike the defendant's answer and entered a default judgment. The court awarded the plaintiff $29,200.82 in principal damages, along with attorney's fees, costs, and pre-judgment interest.