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Judge awards $9,738.70 in property damages to insurer in auto side‑swipe case

2114546 · January 15, 2025
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Summary

In Assurance America Insurance v. Josiah Johnson, the court entered judgment for the insurer after default liability, awarding $9,738.70 in property damages plus post-judgment interest and court costs; defendant expressed interest in settling and was advised how to contact plaintiff's counsel.

Judge Tammy Long Hayward entered damages for Assurance America Insurance against Josiah Johnson on Jan. 15, 2025, awarding $9,738.70 in property-damage relief after the court found the insurer had proven the amount of the loss at a damages hearing.

Assurance America called claims adjuster Taylor Johnson as its witness. The company offered documents into evidence — a police report, a repair estimate, photographs of damage, a market valuation report and payment history — that the judge admitted without objection. The admitted valuation showed the vehicle’s pre-loss cash value at $12,115.70 and post-loss/salvage value at $2,377, leaving a net loss of $9,738.70.

Judge Hayward announced she would grant the judgment for $9,738.70 plus the statutory post-judgment interest and court costs. “So the court is gonna grant the judgment in the amount of $9,738.7 plus post judgment, interest and court cost,” she said on the record.

Defendant Josiah Johnson, who did not participate in the underlying case and had been defaulted, told the court he wanted to discuss settling. Plaintiff’s counsel Ronald Lockley said he would provide a proposed consent agreement and asked Johnson to send his contact information through the Zoom chat. Judge Hayward instructed Johnson on how to use the chat function and to send his full name, email address and phone number to Lockley so the parties could discuss a payment plan.

The court admitted exhibits supporting the $9,738.70 damage calculation and allowed Johnson the opportunity to attempt a negotiated resolution after judgment was entered. Judge Hayward reminded the defendant that the appropriate method of responding to lawsuits is described on the summons and that telephone calls to judges are not the procedure for filing an answer.