What is a default judgment?
A default judgment is a court ruling in favor of the plaintiff because the defendant failed to answer or appear to fight the claim. In an injury case, it usually happens when the person who caused the harm ignores the lawsuit. It gives the plaintiff a judgment, but not necessarily a way to collect it.
Last checked November 9, 2026 · Official sources (5)
How does a default judgment work after a crash? An example
EXAMPLE ONLY. Rob is hit in El Paso by a driver with no insurance. Rob's bills are $15,000. He sues the driver, who is served but never files an answer. In Texas, once the defendant is required to answer and has not, the plaintiff may take a judgment by default. Rob gets a judgment for his proven losses without a trial.
Then reality sets in. The driver has no insurance, an old car and a job paying cash. The judgment is real, but turning it into money may take years, or never happen. Rob's own uninsured motorist coverage, if he bought it, may end up being the more practical source of payment.
Why does a default judgment matter to an injured person?
If you were hurt, a default can end a case quickly, but you still usually have to show the court what your losses are. A judge does not simply sign whatever number you ask for when the amount is in doubt.
If you are the one sued, a default is the worst way to lose. The plaintiff may be able to take money from your paycheck or bank account and put a lien on your property. Most defaults happen because someone thought their insurer had the papers, or moved and never saw them.
How does a default judgment work in different courts?
| Court | What the rule says |
|---|---|
| Federal court | When a defendant has failed to plead or defend, the clerk must enter the default. |
| Texas | The plaintiff may take judgment by default if the defendant has not filed an answer. |
| California | You may be able to cancel a default if you were not served or had a really good reason. |
Default vs. default judgment vs. dismissal
A default is the record that a defendant missed the deadline. A default judgment is the court's final decision that follows. A dismissal is the opposite outcome: the plaintiff's case is thrown out, for example when the plaintiff stops pursuing it or files too late.
Questions
Can a default judgment be reversed?
Sometimes. California courts say you may be able to cancel it if you were not served or had a really good reason, such as being in the hospital. Act quickly, since time limits apply.
Does a default judgment mean I get paid?
No. It means the court agrees you are owed money. Collecting it is a separate job, and the court does not do it for you.
Will the other driver's insurer pay a default judgment?
If the driver had coverage, the insurer may pay or try to undo the default. If there was no coverage, collection depends on the driver's own money.
Find out if you are owed money.
A free case review. $0 upfront. No fee unless you win.
See if I’m owed moneySources (5)
- U.S. Courts, Glossary of Legal Terms, checked 2026-11-09. “A judgment rendered in favor of the plaintiff because of the defendant’s failure to answer or appear to contest the plaintiff’s claim.”
- Fed. R. Civ. P. 55(a), checked 2026-11-09. “When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party’s default.”
- California Courts Self-Help Guide, checked 2026-11-09. “In these cases, you may be able to cancel the default judgment and defend yourself.”
- Tex. R. Civ. P. 239, checked 2026-11-09. “the plaintiff may in term time take judgment by default against such defendant if he has not previously filed an answer”
- California Courts Self-Help Guide, checked 2026-11-09. “The plaintiff may be able to take money from your paycheck or bank account and put a lien on your property.”