Following the Dina D’malchusa in this case is a chumra because many Poskim hold that Dina Demalchusa applies only to laws that govern the relationship between you and the government (such as taxes etc), but for regular Bain Adam Lechaveiro tort laws we follow Choshen Mishpat, not Dina D’malchusa.
And yekke explained why it isn’t halachicly assur.