Short Answer

In most North Carolina car-accident claims, you should be very cautious about signing any settlement paperwork labeled a “release” before your injuries are evaluated, because a release can permanently end your right to seek money for bodily injury from that crash. The safer approach is to confirm in writing that any payment you accept is for property damage only (vehicle repair/total loss) and does not resolve injury claims. Also keep the three-year deadline to file a lawsuit in mind while you get medical care and gather records.

Understanding the Problem

If you were in a North Carolina car accident and you initially felt fine but later developed left arm pain, the key question is whether you can accept money to wrap up the vehicle reimbursement without accidentally signing away your right to pursue a separate bodily-injury claim later. This usually comes up when an insurance adjuster sends “final paperwork” and you are not sure whether it is only for the car or also for your injuries.

Apply the Law

Under North Carolina law, a written settlement agreement can limit or end claims depending on what it says. North Carolina also has a specific rule for motor-vehicle crashes: settling the property-damage part of the claim does not automatically release bodily-injury claims unless the written settlement terms specifically say it is a full settlement of all claims arising from the crash. Separately, most personal-injury lawsuits based on negligence must be filed within three years, so you cannot “wait forever” to see how you heal.

Key Requirements

• Read the document’s scope: A “release” often says you give up “any and all claims” from the crash. If it includes bodily injury (or “all claims”), signing it can end your injury case.
• Separate property damage from bodily injury: You can often resolve vehicle damage while keeping injury claims open, but the paperwork must clearly limit the settlement to property damage only.
• Watch the lawsuit deadline: In most negligence-based injury cases, you generally have three years to file suit in court, even if you are still treating.
• Be careful with underinsured motorist (UIM) issues: If the at-fault driver may not have enough insurance, settling with that driver’s insurer without following the UIM notice/advance-payment process can create problems for collecting UIM benefits later.
• Get injuries documented early: Delayed symptoms are common. Prompt evaluation helps connect the condition to the crash and reduces disputes about whether the crash caused the injury.

What the Statutes Say

• N.C. Gen. Stat. § 1-540.2 (Property damage settlement not automatically a bodily injury release) - Settling vehicle/property damage from a crash does not, by itself, release bodily injury claims unless the written agreement specifically says it settles all claims.
• N.C. Gen. Stat. § 1-52 (Three-year limitations period) - Sets a three-year limitations period for many negligence-based injury claims.
• N.C. Gen. Stat. § 20-279.21 (UM/UIM coverage; notice/advance-payment rules) - Contains key rules that can affect settlements when uninsured/underinsured motorist coverage may apply.

Analysis

Apply the Rule to the Facts: Here, the insurance process is moving toward finalizing vehicle reimbursement, and you have not signed anything resolving injury claims. Because you later developed left arm pain, signing a broad “release” now could cut off your ability to pursue compensation for medical care, pain, or other injury-related losses from the crash. North Carolina law allows property-damage settlement without automatically releasing injury claims, but only if the paperwork is truly limited to property damage and does not say it settles “all claims.”

Process & Timing

1. Who reviews/signs: You. Where: Usually directly with the insurance adjuster (not a court). What: Ask for the exact document before signing and look for terms like “Release of All Claims,” “Bodily Injury,” “Personal Injury,” or “any and all claims.” When: Before you accept and endorse any settlement check tied to a release.
2. Clarify the scope in writing: If you only want to settle the vehicle claim, request a property-damage-only agreement (or written confirmation that the payment is for property damage only) and confirm it does not release bodily injury claims.
3. Protect the injury claim timeline: Get medical evaluation promptly and track the three-year deadline to file suit if the injury claim does not resolve. If UIM may apply, do not finalize a liability settlement without addressing the UIM notice/advance-payment requirements.

Exceptions & Pitfalls

• “Property damage only” is not automatic: Even if the adjuster is talking about the car, the document may still release injury claims if it uses broad language like “all claims arising out of the accident.”
• Endorsing a check can come with conditions: Sometimes the check or accompanying letter includes release language. Treat the check paperwork as part of the settlement terms and read it carefully.
• UIM complications: If the at-fault driver’s coverage may be insufficient, settling and releasing the at-fault driver without following the UIM statutory process can jeopardize UIM recovery.
• Delayed symptoms disputes: Waiting too long for evaluation can make it harder to prove the crash caused the condition. Getting checked does not mean you must “make a claim,” but it preserves documentation.
• Missing the lawsuit deadline: Negotiations do not automatically extend the statute of limitations. If the deadline passes, you may lose leverage or lose the claim entirely.

Conclusion

In North Carolina, you should be cautious about signing any settlement or release before your injuries are evaluated because a broad release can permanently end your bodily-injury claim. You can often settle vehicle/property damage without releasing injury claims, but only if the written agreement clearly limits the settlement to property damage. Your key deadline is usually three years to file suit, so your next step is to obtain and review the proposed settlement document and confirm—before signing—that it does not release bodily-injury claims.

Talk to a Personal Injury Attorney

If you're dealing with a car-accident property damage payout while you still have untreated or newly appearing symptoms, an attorney can help you identify whether the paperwork is a property-damage-only settlement or a full release, and help you protect important deadlines and insurance rights. Reach out today at [CONTACT NUMBER].

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.