Short Answer

Yes—if the insurer agrees in writing to a partial settlement and you sign a narrowly drafted release that reserves your other damages. If you sign a general release, click “accept” in the portal for a “full and final” settlement, or cash a check clearly tendered as full payment, you usually end your entire claim. You can often settle property damage separately from bodily injury if the release is limited to property damage.

Understanding the Problem

In North Carolina, can you—as the injured person—take part of an insurer’s initial offer now but keep negotiating other damages? You received the offer through the claims portal, and your attorney has already submitted a counteroffer. The decision is whether you can accept certain categories (for example, property damage) and still pursue medical bills, wage loss, or pain and suffering without closing your entire claim.

Apply the Law

Under North Carolina law, settlement is a contract. A general release or portal acceptance marked “full and final” usually ends all claims from the incident. You can structure a partial settlement if the insurer consents and the written release clearly reserves the unresolved categories or claims. Property damage can commonly be settled separately from bodily injury, and certain first-party payments (like medical payments coverage) do not resolve your liability claim. If litigation becomes necessary, cases are filed in the North Carolina General Court of Justice. Most negligence-based injury claims have a three-year deadline to file, so track your statute of limitations while negotiating.

Key Requirements

• Insurer agreement to partial settlement: The adjuster must agree to split the claim or damages into parts.
• Limited, written release: The release must state exactly what is being settled now and explicitly reserve all other claims/damages.
• Avoid full and final language: Do not sign a general release, click “accept,” or cash a “full and final” check if you intend to keep negotiating.
• Separate coverages/categories: Property damage often can be settled apart from bodily injury; first-party medical payments do not settle liability.
• Mind the filing deadline: Keep negotiating, but protect your statute of limitations by filing suit on time if needed.

What the Statutes Say

• N.C. Gen. Stat. § 25-3-311 (Accord and satisfaction by check) - Cashing a check clearly tendered as full settlement can discharge the claim.
• N.C. Gen. Stat. § 1B-4 (Release of one tortfeasor) - You can settle with one party while preserving claims against others if the release reserves those rights.
• N.C. Gen. Stat. § 44-49 (Medical provider lien) - Providers may assert liens against settlement proceeds.
• N.C. Gen. Stat. § 44-50 (Lien limitation and distribution) - Total provider lien recovery is capped to protect the claimant’s net recovery.

Analysis

Apply the Rule to the Facts: Because the insurer’s offer came through the portal and your attorney has already countered, do not click “accept” on any offer that appears “full and final” unless it matches everything you intend to settle. If you want to take only certain items now, ask the adjuster to issue a written partial settlement with a limited release that expressly reserves your remaining damages. Do not cash any check labeled as full payment. Keep your filing deadline on the calendar while negotiations continue.

Process & Timing

1. Who files: You or your attorney. Where: Through the insurer’s claims portal or by email/letter to the adjuster. What: Request a partial settlement and a limited release reserving all other damages; specify exactly which categories you are resolving. When: Before clicking “accept,” signing any release, or cashing any settlement check.
2. The insurer reviews and, if agreeable, issues a revised offer and a narrowly drafted release covering only the agreed categories; responses often come within days to a few weeks, depending on the claim.
3. Once the limited release is signed, the insurer issues payment for that portion. You continue negotiating unresolved damages. If no agreement is reached before your deadline, file a complaint in the North Carolina General Court of Justice in the proper county to preserve the claim.

Exceptions & Pitfalls

• “Full and final” trap: A portal click, signed general release, or full-payment check can close all claims, even if you intended only a partial settlement.
• Broad release language: Watch for wording that releases “all claims” or “known and unknown” damages; insist on a limited release that reserves specified claims.
• Multiple parties: If others may be at fault, reserve claims against them in any release so you do not unintentionally waive rights.
• UIM/UM coverage: If you may pursue underinsured motorist benefits, follow your policy’s notice/consent requirements before settling with the liability insurer to avoid jeopardizing coverage.
• Medical liens/subrogation: Provider and plan reimbursement rights attach to settlements; partial payments may still require lien handling and documentation.
• Minors or incompetents: Court approval may be required for any settlement; check local procedures before accepting funds.

Talk to a Personal Injury Attorney

If you're dealing with whether to accept part of an insurer's offer while preserving other damages, our firm has experienced attorneys who can help you understand your options and timelines. Reach out 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.