Texas Default Judgment Awards $34,952 in Motor Vehicle Accident

On July 22, 2020, an insurer filed a lawsuit seeking subrogation for damages related to a motor vehicle accident that occurred on September 9, 2018. The plaintiff alleged that a vehicle owned by its insured was damaged due to the negligent operation of a vehicle by one defendant. The collision resulted in damages of $34,451.55, which the plaintiff compensated its insured for, becoming subrogated in that amount. The plaintiff also alleged that the second defendant owned the vehicle involved and negligently entrusted it to the driver.

The plaintiff encountered difficulties serving the defendants. After multiple unsuccessful attempts, the court in Texas granted a motion for alternative service against the driver on October 27, 2020. The driver was eventually served but failed to file an answer. The plaintiff also noted ongoing difficulties serving the vehicle owner.

On March 15, 2021, the plaintiff filed a notice of partial nonsuit without prejudice against the vehicle owner, which the court granted. Two days later, on March 17, 2021, the court entered a default judgment against the driver due to the failure to respond. The judgment, later confirmed on August 12, 2021, awarded the plaintiff $34,451.55 in damages, $500.00 in attorney's fees pursuant to Texas Insurance Code § 542.302, court costs, and interest.