Short Answer

In North Carolina, you can (and usually should) clearly tell the adjuster in writing that you are making a separate bodily injury claim, even if the current discussion is only about vehicle damage. Property damage and injury are often handled as separate parts of the same crash, and paying the car claim does not automatically settle your injury claim unless you sign a written settlement that says it settles everything. The safest approach is to notify the insurer of the injury claim now and avoid signing any release language you do not fully understand.

Understanding the Problem

If you were in a North Carolina car accident and the insurance company is only discussing repairs or a total-loss payment, you may be wondering: “Can I tell them I’m also making an injury claim, especially if I started feeling pain later?” In your situation, one key fact matters: you initially felt fine but later developed left arm pain. This article explains how to raise a bodily injury claim without accidentally closing the door on it while the property damage claim is being finalized.

Apply the Law

North Carolina generally treats vehicle damage (property damage) and physical harm (bodily injury) as different categories of claims arising from the same crash. A property damage payment, by itself, does not automatically waive your right to pursue an injury claim. The main risk is paperwork: if you sign a written settlement agreement or release that says the payment is a “full settlement of all claims” from the crash, you may give up your injury claim.

Also, timing matters. Most North Carolina personal injury lawsuits based on negligence must be filed within three years, and waiting too long can make it harder to prove what caused your symptoms and to gather records.

Key Requirements

• Clear notice of a bodily injury claim: Tell the insurer you are asserting an injury claim from the crash and that you want it handled separately from the vehicle claim.
• No “full and final” release unless intended: Do not sign any document that settles “all claims” (or “any and all claims”) unless you truly mean to resolve the injury claim too.
• Medical documentation: Get appropriate medical evaluation and keep records that connect the symptoms to the collision (dates, providers, diagnosis, treatment plan).
• Consistent communication: Provide basic facts about the injury and treatment, but avoid guessing about diagnosis, duration, or future limitations.
• Watch the lawsuit deadline: If the claim cannot be resolved, you generally must file suit within the applicable statute of limitations to preserve the claim.

What the Statutes Say

• N.C. Gen. Stat. § 1-540.2 (Property damage settlement and effect on injury claims) - A property damage settlement does not, by itself, release bodily injury claims unless a properly executed written agreement specifically says it settles all claims from the crash.
• N.C. Gen. Stat. § 1-52 (Three-year limitation period; injuries to the person) - Many negligence-based personal injury claims must be filed within three years (specific accrual rules can vary by issue).
• N.C. Gen. Stat. § 1-540.3 (Advance payments) - Certain partial payments related to injury claims generally do not waive claims unless a written settlement says they do, and they do not stop the statute of limitations from running.

Analysis

Apply the Rule to the Facts: Because the insurer is only discussing vehicle reimbursement and you have not signed anything resolving injury claims, you can still assert a bodily injury claim. Your later-developing left arm pain is a common reason people realize they may have an injury claim after the property damage process has already started. The key is to notify the adjuster promptly and to avoid signing any “full and final” release language tied to the car payment unless you intend to settle the injury claim too.

Process & Timing

1. Who files: You (the injured person) or your attorney. Where: With the at-fault driver’s insurance adjuster (claims department) in North Carolina. What: A written notice (email or letter) stating you are making a bodily injury claim from the crash and asking the insurer to open a bodily injury claim number separate from the property damage claim number. When: As soon as you realize you are hurt and before signing any settlement paperwork for the vehicle.
2. Next step: Provide basic injury information (what body part, when symptoms started, where you treated) and request confirmation in writing that the vehicle payment is for property damage only and does not settle bodily injury. Expect the adjuster to request medical authorizations or records; you can ask to limit any authorization to treatment related to the crash and to a reasonable time period.
3. Final step: If the injury claim resolves, the insurer will usually require a written release for the bodily injury portion in exchange for payment. Review the release carefully to confirm it matches what you are settling (injury only vs. all claims) before you sign.

Exceptions & Pitfalls

• Signing the wrong document: The biggest pitfall is signing a property damage “release” that actually releases all claims. Under North Carolina law, a property damage settlement does not automatically bar injury claims, but a written agreement can if it clearly says it settles everything.
• Recorded statements and casual wording: Adjusters may ask for a recorded statement. Be truthful, but avoid absolute statements like “I’m fine” or “I’m not injured” if symptoms are developing or you have not been evaluated.
• Delaying medical evaluation: Waiting too long to get checked out can create disputes about whether the crash caused the pain. Prompt evaluation also helps rule out more serious issues.
• Assuming the car payment pauses deadlines: Negotiations and property damage payments usually do not stop the statute of limitations from running.
• Multiple insurance layers: Depending on the situation, there may be separate claims through your own policy (like medical payments coverage) in addition to the at-fault claim. Mixing them up can cause confusion, so ask for separate claim numbers and written confirmation of what each payment covers.

Conclusion

In North Carolina, you can tell the insurance company you have a bodily injury claim even if they are only discussing vehicle reimbursement. A property damage settlement generally does not waive an injury claim unless a properly executed written agreement specifically says it settles all claims from the crash. Your next step is to send a short written notice to the adjuster asking them to open a bodily injury claim and confirming the vehicle payment is for property damage only, while keeping the three-year lawsuit deadline in mind.

Talk to a Personal Injury Attorney

If you're dealing with a car-damage payout while injuries are showing up later, our firm has experienced attorneys who can help you communicate with the insurer, protect you from signing away rights, and track key timelines. Reach out today.

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.