Short Answer

In North Carolina, once you sign a full and final release and the insurer issues payment, you generally cannot reopen your personal injury claim for new medical costs. Limited exceptions exist (for example, fraud, duress, or mutual mistake), or if the settlement agreement expressly preserves future claims or other insurance (like underinsured motorist coverage) remains open. If you have not signed the release yet, talk to your lawyer about pausing, revising the release, or protecting underinsured motorist rights before accepting payment.

Understanding the Problem

In North Carolina personal injury cases, can you get more money for new medical bills after you agree to settle your car crash claim? Here, you were a back-seat passenger with back injuries and a lump-sum settlement is on the table. The key decision is whether you can revisit the claim if additional treatment or costs arise after settlement, especially if a release is about to be signed.

Apply the Law

Under North Carolina law, a signed settlement release is a binding contract that ends the claim against the parties named in the release. After signing a full and final release, you typically cannot seek additional money for later medical treatment from those released parties. However, separate coverages may still be available if preserved (for example, underinsured motorist coverage), and narrow contract-law grounds can set aside a release in rare circumstances. If you have not signed yet, you may restructure the settlement (for example, reserve rights or coordinate with your underinsured motorist carrier) before finalizing.

Key Requirements

• Final release closes the claim: Signing a broad, full and final release normally bars any later recovery for new medical costs against the released parties.
• Exceptions are narrow: A release may be challenged only for limited reasons such as fraud, duress, mutual mistake, or lack of capacity.
• Underinsured motorist (UIM) rights: If your damages exceed the at-fault driver’s limits and you have UIM coverage, you must notify the UIM insurer before settling; the insurer then has a short window to respond.
• Medical payments (MedPay): If your policy includes MedPay, you may submit bills under that coverage even after liability settlement, subject to policy terms.
• Liens don’t extend claims: Medical provider liens affect how settlement funds are paid but do not keep your bodily injury claim open.

What the Statutes Say

• North Carolina Gen. Stat. § 20-279.21(b)(4) (Underinsured motorist procedures) - Notice to the UIM insurer before settling; insurer has a short time to advance funds to preserve rights.
• North Carolina Gen. Stat. § 44-49 (Medical liens) - Providers may assert liens for reasonable charges out of settlement proceeds.
• North Carolina Gen. Stat. § 44-50 (Distribution of personal injury recoveries) - Sets priorities and limits for distributing settlement funds among attorneys, providers, and the injured person.

Analysis

Apply the Rule to the Facts: Because you are about to sign a lump-sum release, once you sign and the payment issues, you likely cannot reopen the bodily injury claim for later back-related treatment. If your damages exceed the at-fault driver’s policy limits, you may have a UIM claim through your own policy or the host driver’s policy—but you must notify the UIM insurer before accepting the liability settlement and follow the statutory consent/advance process. Negotiating medical liens affects distribution of funds, not whether the claim can be reopened.

Process & Timing

1. Who files: You (through your attorney). Where: Send written notice to your UIM insurer’s claims department in North Carolina. What: A “tentative settlement” notice with the proposed release and offer amount, plus key records supporting your damages. When: Do this before signing any release or cashing any check; the UIM insurer then typically has 30 days to respond under the statute.
2. If the UIM insurer consents, you may sign the liability release and pursue your UIM claim. If the UIM insurer “advances” the offer amount within the response window, you do not sign the release with the at-fault insurer; you proceed against the UIM coverage instead.
3. Resolve the UIM claim by negotiation, arbitration, or litigation as allowed by the policy. Separately, ensure medical liens are addressed from any recovery and documented in the final disbursement.

Exceptions & Pitfalls

• Signing a broad release without UIM consent can forfeit your UIM rights.
• Cashing the settlement check may be treated as acceptance of the release terms.
• Challenging a signed release is difficult; courts rarely set aside releases absent clear fraud, duress, mutual mistake, or incapacity.
• Do not assume MedPay exists; confirm your policy and any filing deadlines within it.
• Medical liens must be resolved from settlement proceeds; failing to address them can delay payment or lead to disputes.

Talk to a Personal Injury Attorney

If you’re weighing a car crash settlement and worry about future medical costs, our firm can help you understand your options and timelines, including UIM steps. Call us 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.