At-fault accident, other driver demanding cash on top of what insurance is paying — can he do that?

Stop texting him back. Seriously, right now. Anything you say to him directly can be used against you if he does file suit. Forward his messages to your insurance company and let THEM handle all communication with him going forward. That's literally what you pay premiums for.

He's trying to pressure you into paying out of pocket so he can pocket more than he's entitled to. Classic move. Insurers negotiate total loss values and they don't just hand over whatever number the other person wants — there's a process. His beef about aftermarket parts is actually something he should be raising with YOUR insurance adjuster, not shaking you down over text. Don't give him a dime without talking to your insurer first.

I used to work claims and I've seen this play out a lot. A few things:

First, aftermarket modifications can sometimes be factored into a total loss valuation, but only if he can document them properly and only up to what they actually added to the vehicle's market value — not necessarily what he paid. That's a conversation he needs to have with the adjuster, not you.

Second, yes, technically he can sue you personally even after insurance pays. But if your insurer accepted liability and paid out the fair market value, a lawsuit gets a lot harder for him to win. His damages have to be real and provable.

Third — and I can't stress this enough — loop your insurance company in on these texts immediately. They have a duty to defend you.

Not legal advice, but: once your insurer accepts liability, they generally take over the defense of any claims arising from that accident. If he sues you personally, notify your insurance company the same day — they're likely obligated to provide you legal defense up to your policy limits. Whether anything beyond that could reach you personally depends on your coverage and what he's actually claiming. Talk to your own attorney if you're worried — many do free consults for situations like this.

I was on the other side of something similar — I was the one who got hit — and honestly the adjuster process was frustrating but it exists for a reason. The other driver in my case kept trying to go around insurance too and it just made everything messier. Your insurer is your buffer right now. Use them.

Broken collarbone AND bruised ribs — please make sure you're actually resting and following up with your doctor. I know the legal stress feels urgent but if you push yourself too hard physically right now you can set your recovery back weeks. The insurance stuff will still be there. Your body has a narrower window.

A couple of practical things that might help:

1. Screenshot and save every text he's sent you demanding money. Date, time, content — all of it. 2. Send your insurer a written summary (email is fine) of what he's been saying to you directly. Create a paper trail. 3. Ask your insurer specifically whether you're required to communicate with him at all now that a claim is open — most policies say no.

If he does file in small claims or civil court, that paper trail showing he was pressuring you directly becomes very relevant.

Quick question — did your insurance company actually formally close his claim, or is it still in process? Because if the settlement hasn't been finalized yet, he might be trying to negotiate before signing a release, which is a different situation than if he already accepted a payout and is now asking for more. Which is it?