Can I pursue litigation instead of accepting a settlement after a driver failed to yield while turning left?

You Generally Do Not Have to Accept the Insurance Offer

An insurance company’s settlement offer is a proposal, not a court order. Unless a settlement has become binding, an injured person can generally decline the offer, continue negotiating, or file a lawsuit. A lawsuit can also settle before trial, so filing does not necessarily end settlement discussions.

The situation changes if you or your attorney already accepted the offer with your authorization, or if you signed a release giving up the bodily injury claim. Settlement enforceability can depend on communications, authorization, documents, and other circumstances. Before taking further action, ask your current attorney whether the offer is merely pending or whether any acceptance or release has already occurred.

Because you already have counsel, discuss the matter with that attorney before contacting the insurer or the other driver directly. Your attorney should be able to explain the evidence supporting the offer, the expected costs and risks of litigation, and the estimated net amount after fees, case expenses, and any valid reimbursement claims or medical liens.

How a Left-Turn Collision Is Evaluated in North Carolina

A driver turning left must generally yield to an oncoming vehicle that is in the intersection or close enough to present an immediate hazard. N.C. Gen. Stat. § 20-155 states this right-of-way rule. Evidence that the other driver turned across your path may support negligence, but it does not automatically decide every factual dispute.

Useful liability evidence may include:

• The crash report and any citation information.
• Photographs of the vehicles, intersection, lane markings, traffic signals, and sight lines.
• Dash-camera, surveillance, or traffic-camera footage.
• Names and contact information for witnesses.
• Vehicle damage records and repair photographs.
• Statements made by either driver after the collision.

North Carolina also permits a contributory-negligence defense. If the defense proves that the injured person’s own negligence helped cause the collision, that can create serious problems for the claim. Under N.C. Gen. Stat. § 1-139, the party asserting contributory negligence generally carries the burden of proving it. Evidence should therefore address both why the turning driver was at fault and why the person traveling straight acted reasonably.

What Litigation Would Require You to Prove

Rejecting an offer does not establish the amount of compensation. In a lawsuit, the injured person generally must prove that the other driver was negligent, that the negligence caused the collision, that the collision caused the claimed injuries, and that the requested damages are supported by evidence.

Depending on the evidence, claimed losses may include medical expenses, lost income, pain and suffering, out-of-pocket expenses, and property damage. Future care or reduced earning ability requires additional support and should not be assumed from the fact of the collision alone.

Litigation commonly involves a filed complaint, service on the defendant, written discovery, document production, depositions, motions, mediation, and possibly trial. The defense may obtain medical and employment records and question the injured person about prior conditions, treatment history, missed appointments, work history, and daily activities. A lawsuit can produce a different result than an insurance offer, but the result could be higher, lower, or no recovery.

Incomplete Imaging and Other Medical Evidence

Not completing recommended imaging does not automatically end an injury claim. However, the insurer or defense may argue that incomplete testing makes the nature, cause, or duration of the injuries less clear. They may also question whether the person followed through with recommended care.

Your attorney should know why the appointments were inaccessible. Preserve appointment notices, scheduling messages, transportation records, cancellation records, referral documents, and communications showing efforts to complete the imaging. Medical records from the hospital and physical therapy visits may also help document symptoms, treatment, provider observations, and the course of recovery.

Accurate documentation is important. Do not guess about symptoms or reasons for missed care. Follow the instructions of your medical providers and keep copies of records, bills, visit summaries, and written recommendations.

Lost Income Can Be Supported Without a Signed Wage Form

An employer’s signed wage statement is useful, but it is not always the only way to establish missed income. The relevant questions include what work was expected, what time was missed because of the injuries, and what compensation would likely have been earned.

Possible supporting documents include:

• Pay stubs from before and after the collision.
• Schedules, time sheets, attendance records, or expected-hours records.
• Employment agreements or written job offers.
• Emails or text messages discussing assigned work and missed shifts.
• Bank records showing the pattern of wage deposits.
• Prior tax filings or other income records when appropriate.
• Medical records documenting injury-related work limitations.
• A personnel file showing position, pay rate, hours, and work history.

If a lawsuit is filed, formal discovery or a subpoena may provide a way to request relevant employment records, subject to court rules and objections. Your attorney can assess whether the documents already available provide a reliable calculation and whether additional records are worth pursuing.

How This Applies to the Reported Situation

The reported left-turn facts may support a liability claim because the other driver allegedly crossed the path of a vehicle traveling straight. Still, the available crash evidence must be reviewed for speed, visibility, traffic signals, evasive action, and any allegation that the injured driver contributed to the collision.

The hospital and physical therapy records may support the injury claim, while the uncompleted imaging may become a disputed evidence issue. Documentation showing why the appointments were inaccessible could help explain the gap without assuming what the imaging would have shown.

For lost income, the employer’s refusal to sign one form does not necessarily prevent the claim. Records showing expected hours and assigned work may be useful when combined with pay history, schedules, communications, and evidence connecting the missed time to the collision-related condition.

The most practical next step is to request a detailed meeting with the current attorney. Ask for an explanation of the liability assessment, medical-evidence concerns, wage-loss calculation, available insurance coverage, litigation expenses, deadline, and estimated net settlement. If the attorney does not recommend filing suit, ask for the specific legal and evidentiary reasons. A prompt independent legal opinion may also be considered if there is still time and the representation agreement permits it.

Do Not Let Negotiations Replace the Filing Deadline

Many North Carolina personal injury actions are subject to a three-year filing period under N.C. Gen. Stat. § 1-52. The correct deadline can depend on the claim and parties involved, so it must be calculated for the particular case.

Settlement discussions, an open insurance claim, ongoing treatment, or a pending offer do not automatically extend the deadline. If a complaint is not properly filed in time, the claim may be lost regardless of how long negotiations continued.