Texas Judge Awards $47,235 in Insurance Subrogation Claim

In October 2017, a motor vehicle accident occurred when a driver operated a vehicle negligently, causing property damage and bodily injuries. The incident damaged a Pontiac GrandPrix, which required repairs. Two individuals sustained injuries and incurred medical expenses as a result of the collision.

The injured parties' insurer, State Farm Mutual Automobile Insurance Company, paid $35,226.04 under an uninsured motorist policy to cover property damage and bodily injury claims. The insurer then filed a subrogation complaint in April 2018 against the negligent driver, seeking to recover the principal amount, along with attorney fees, interest, and costs. The defendant driver filed an answer, raising several defenses including failure to state a claim and lack of jurisdiction, but did not file any counterclaims.

The case proceeded to trial in December 2019. The plaintiff insurer was ready, but the defendant failed to appear. The court granted the insurer's motion to strike the defendant's answer and entered a default judgment. In March 2020, the defendant filed a motion to vacate the judgment, claiming to have appeared at trial and asserting police did not hear their side. The court denied the motion, finalizing the default judgment against the defendant for $35,226.04 in principal damages, $11,742.00 in attorney fees, $267.42 in costs, and future interest.