Well after talking with a couple of lawyers & bankruptcy lawyers, our only option was to file chapter 13 bankruptcy and be placed on a tight spending budget for the next 5 years. We made too much money to file Chapter 7 which was our first choice.
They also recommended that we call the insurance company to see if they'll settle and THEY DID!!!! We offered our minimum, but it wasn't going our way. After negotiating for about 5-8 minutes I offered 20k and they accepted. Our savings isn't touched, thank god for a good job bonus and income taxes
Also, when filing Chapter 13 you have to keep in contact with them if the wife and I were to get any pay increases, if so they'll be able to adjust our income and disposable income, it would have been a mess.