Chicago, IL asked in Bankruptcy and Car Accidents for Alabama

Q: I hit a drill in a DUI crash. Insurance pays the guy only 25k which is my max policy. The defendant calls and I owe 30k

He says we can do this under the table or take legal action. Should I try to take a loan out or go to the courta

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3 Lawyer Answers

A: Depends on your personal financial situation. Damages from DUI are not dischargeable in bankruptcy.

Tim Akpinar agrees with this answer

A: You may want to consider discussing this with the attorney assigned to you by your insurance carrier. Something like this would warrant a detailed analysis of all applicable insurance policies. It's likely that your assigned attorney will advise you to consult with you own attorney independently based on your assets, but they would still be in a position to help you analyze coverages available through applicable policies, whether that includes underinsured provisions or not. Good luck

James L. Arrasmith
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Answered

A: Dealing with this situation can feel overwhelming, but you have options to consider. The person asking for additional money might be trying to avoid legal expenses themselves, but you should approach this carefully. Under-the-table agreements can be risky, as they’re not legally enforceable and could create further problems down the line.

If you believe the $30,000 demand is unreasonable or feel pressured, it may be better to let the issue go through legal channels. In court, a judge or jury would assess whether you owe anything beyond what your insurance has already paid. This could protect you from being forced into an unfair or shady arrangement.

If you decide to settle directly with this person to avoid court, make sure it’s documented properly and above board. You could explore options like a loan or payment plan, but only if you're confident the amount is fair and the agreement is legally sound. No matter what, don’t rush into a decision out of fear. Take the time to weigh your choices and act in a way that protects your rights.

Tim Akpinar agrees with this answer

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