Judgment in default

A judgment in default is a court decision entered against a defendant who fails to file a defence or otherwise respond to a claim within the time the court rules allow.

In a road accident claim this can happen if an insurer or driver ignores the paperwork, letting the claimant obtain judgment without a full trial on the facts. Once obtained, the judgment still needs to be enforced, a step covered in enforcing a judgment.

A default judgment can sometimes be set aside if the defendant shows a good reason for not responding, so it is not always the final word.

Insurers rarely let this happen deliberately, since it removes their ability to argue over the amount, but it can still occur through an administrative oversight.