Are Debts for Personal Injury Resulting From A DUI Car Accident Dischargeable in Bankruptcy?

DUI car accidents can result in serious and sometimes fatal injuries.  Due to the potential severity of DUI auto accident injuries, many civil judgments against DUI drivers are substantial.  With such significant judgments, some DUI drivers may wonder whether they can escape liability in chapter 7 bankruptcy. 

So, the question is: Are Debts for Personal Injury Resulting From DUI Car Accidents Dischargeable in Bankruptcy?

Thankfully the Bankruptcy Code protects DUI personal injury victims.  Section 523(a)(9) of the Bankruptcy Code states:

(a) A discharge under...this title does not discharge an individual debtor from any debt...(9)

for death or personal injury caused by the debtor’s operation of a motor vehicle, vessel, or aircraft if such operation was unlawful because the debtor was intoxicated from using alcohol, a drug, or another substance

Accordingly, debts for personal injury resulting from a DUI car accident cannot be eliminated in bankruptcy.  With that said, note that the section only applies to debts for personal injury or death.  Debts for property damage after a drunk driving car accident may be dischargeable.

How To Prove That The Personal Injury Resulted From A DUI Car Accident

In many cases, the creditor will use the prior state court judgment as proof the injury was the result of a DUI car accident.  Absent that judgment, the creditor can still establish the required elements to deny discharge before the Bankruptcy Court.  Those elements are as follows:

the debt resulted from (1) a death or personal injury, (2) caused by the operation of a motor vehicle by the debtor, and (3) the unlawfulness of the operation because the debtor was intoxicated from using alcohol, a drug, or another substance.  (In re Felski)