Texas Court Awards $50,431.26 in Motor Vehicle Negligence

On January 27, 2020, GEICO Advantage Insurance Company filed a lawsuit in Texas concerning a motor vehicle accident that occurred on May 12, 2018. The plaintiff alleged that one defendant negligently operated a vehicle owned by a second defendant, causing damage to a vehicle owned by GEICO's insured. The complaint further claimed the second defendant wrongfully or negligently entrusted her vehicle to the first defendant, who was asserted to be an incompetent, reckless, unlicensed, and uninsured driver. GEICO also contended the first defendant was operating the vehicle within the scope of employment or agency, making the second defendant vicariously liable.

The first defendant was served with the petition but failed to file an answer with the court. Subsequently, GEICO filed a motion seeking a default judgment against only that defendant, requesting $49,931.26 in damages paid to its insured and $500.00 in attorney's fees. The court granted the default judgment in favor of GEICO, as the first defendant did not appear. Separately, the plaintiff filed a partial nonsuit without prejudice against the second defendant, who had not been served in the lawsuit.

The case concluded on March 8, 2021, with a final default judgment in favor of GEICO against the first defendant. The judgment awarded $49,931.26 in damages, $500.00 in attorney's fees pursuant to Texas Insurance Code § 542.302, court costs, and interest at a rate of 5.00% per annum. The outcome occurred due to the first defendant's failure to respond to the lawsuit after being duly cited.