Texas Judge Awards $42,056.07 in Motor Vehicle Negligence

On September 22, 2016, a motor vehicle was damaged in a collision in Texas. The plaintiff's insured's vehicle sustained damage due to the negligent operation of a vehicle driven by a defendant and owned by another defendant. The plaintiff, an insurer, compensated its insured for the loss and became subrogated for $42,056.07.

The plaintiff filed a complaint on September 4, 2018, alleging the vehicle owner negligently entrusted the vehicle to an incompetent, reckless, unlicensed, and uninsured driver. The owner was served with process but failed to file an answer. As a result, the court granted a default judgment against the vehicle owner on March 1, 2019, for failing to appear.

The case proceeded to a non-jury trial. On October 15, 2019, the court entered a Final Judgment in favor of the plaintiff against both the driver and the vehicle owner. The court awarded the plaintiff $42,056.07 in damages, plus prejudgment interest, court costs, and interest at a rate of 5.00% per year until paid. The plaintiff was also awarded reasonable attorney's fees pursuant to Texas Insurance Code § 542.302 and was permitted to enter into installment payment agreements under Texas Transportation Code § 601.335.