Short Answer

Tell the adjuster in writing that you reject your personal settlement and will not cash or deposit your check. Return or securely hold your personal check uncashed, and ask the insurer to confirm in writing that no release of your claim will be asserted. If you accept settlements for your minor children, do so separately and only with required court approval before any child’s funds are disbursed.

Understanding the Problem

You want to know if, and how, you can reject your own settlement while accepting settlements for two minor children in North Carolina. You are still treating for injuries and PTSD, and you are concerned that cashing your check could accidentally release your personal claim.

Apply the Law

Under North Carolina law, negotiating a check that clearly states it is in “full and final settlement” can operate as an accord and satisfaction of your claim. Do not cash or deposit a check you intend to reject. Separately, any compromise of a minor’s personal injury claim must be approved by the court, and the approval order will direct how the child’s funds are handled (for example, restricted account, UTMA custodian, or deposit with the Clerk of Superior Court). If funds are deposited with the Clerk, amounts at or below statutory thresholds may be held and disbursed only for the child’s necessities and in the child’s best interest, with receipts required. The main forum for minor settlement approval is the Clerk of Superior Court or a Superior Court judge in your county. Most personal injury claims have strict filing deadlines; track your statute of limitations.

Key Requirements

• Clear written rejection: Tell the adjuster you reject your personal offer and will not negotiate your check; ask for written confirmation that no release will be asserted.
• Do not cash a “full and final” check: Negotiating a check conspicuously tendered in full satisfaction can waive your claim.
• Separate the children’s claims: Acceptances for minors must be court‑approved; do not rely on a parent’s signature alone to bind a child’s claim.
• Court handling of minors’ funds: The approval order controls where funds go; if held by the Clerk, pre‑majority disbursements are limited to necessities in the child’s best interest and require documentation.
• Preserve deadlines: Keep your claim alive by tracking your statute of limitations and any contractual deadlines while you continue treatment and collect records.

What the Statutes Say

• N.C. Gen. Stat. § 25-3-311 (Accord and satisfaction by use of instrument) - Cashing a check tendered in full satisfaction can settle the claim.
• N.C. Gen. Stat. § 1-400 (Compromise of controversies by infants) - Court approval is required to compromise a minor’s claim.
• N.C. Gen. Stat. § 7A-111 (Clerk’s administration of funds for minors) - Clerk may receive, hold, and disburse minor funds under statutory limits and standards.

Analysis

Apply the Rule to the Facts: Because your personal check likely represents a “full and final” offer, cashing it could settle your claim under North Carolina’s accord-and-satisfaction rule. Send written notice rejecting your personal settlement and do not negotiate your check. For the children, proceed with a court-approved settlement; the order will direct releases and how funds are held. Keep pursuing your medical records and treatment while preserving your filing deadline.

Process & Timing

1. Who files: You or your attorney. Where: Email and mail the adjuster; court filings for minors go to the Clerk of Superior Court in your county (or a Superior Court judge). What: Send a “limited acceptance and rejection” letter stating (a) you reject and will not deposit your personal check, (b) you accept the children’s offers subject to court approval, and (c) request revised releases/checks consistent with this. For minors, file a petition/special proceeding for approval under North Carolina law with a proposed order and supporting medical summaries. When: Send the rejection letter immediately and return or hold your personal check uncashed; seek minor approval before disbursing any child’s funds.
2. Insurer responds with revised paperwork separating your claim from the children’s claims. You sign only the minor-related documents the court approves. Timeframes vary by county and adjuster; allow several weeks for revisions.
3. The court enters an order approving each minor’s settlement and directing how funds are held (e.g., restricted account, UTMA, or deposit with the Clerk). You follow the order, provide receipts for any approved disbursements, and keep the children’s funds separate as directed.

Exceptions & Pitfalls

• Accord and satisfaction traps: Crossing out “full and final settlement” or adding “under protest” usually does not prevent settlement if you cash the check.
• Minor approval is mandatory: A parent’s signature alone does not bind a child’s claim; get a court order approving the settlement and the child’s release.
• Handling children’s funds: If funds are deposited with the Clerk, disbursements before age 18 typically require a showing of need for the child’s necessities and documented receipts after payment.
• Mixed communications: Use separate letters: one rejecting your personal settlement; one confirming acceptance of the minors’ settlements subject to court approval.
• Deadlines: Keep your claim’s filing deadline in view while you await medical records and continue treatment; insurer negotiations do not automatically toll limitations periods.

Talk to a Personal Injury Attorney

If you're dealing with rejecting your own offer while approving minors’ settlements, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.