Short Answer

Usually, yes. In North Carolina, settling (or finalizing payment for) the property damage part of a car accident claim generally does not, by itself, waive your right to pursue a separate bodily injury claim. The biggest risk is signing a written settlement agreement or release that says the property damage payment is a full settlement of all claims from the crash.

Understanding the Problem

In North Carolina, can you accept payment for your vehicle damage after a crash and still later pursue a bodily injury claim for symptoms that show up afterward, like left arm pain, when the insurance company is moving toward finalizing the vehicle reimbursement?

Apply the Law

North Carolina law recognizes that car accident claims often have separate parts: (1) property damage (repair/total loss) and (2) bodily injury (medical treatment, pain, and other injury-related losses). A property damage settlement generally does not automatically settle the bodily injury claim. The key issue is what you sign (and what the written settlement terms say) when the vehicle reimbursement is finalized.

Key Requirements

• Separate claim categories: Vehicle damage and bodily injury are commonly handled as separate parts of the same accident claim.
• No broad written release: You usually preserve your injury claim if you do not sign paperwork that releases “all claims” arising from the crash.
• Read the settlement language: The written terms control; a document can be labeled “property damage” but still contain broad release wording.
• Timely filing if needed: If the injury claim does not resolve, you must file a lawsuit within the applicable statute of limitations.
• Document the injury: Medical records connecting the later-developing symptoms to the collision often matter in proving the bodily injury claim.

What the Statutes Say

• N.C. Gen. Stat. § 1-540.2 (Property damage settlement and other claims) - A property damage settlement from a motor vehicle crash does not, by itself, bar other claims (like bodily injury) unless a properly executed written settlement specifically says it settles all claims.
• N.C. Gen. Stat. § 1-52 (Three-year limitations period for many injury claims) - Many personal injury claims based on negligence must be filed within three years (with rules about when a claim accrues).

Analysis

Apply the Rule to the Facts: Here, the insurer is moving toward finalizing vehicle reimbursement, but you have not been asked about bodily injury and you have not signed anything resolving injury claims. Under North Carolina law, finalizing the property damage payment generally should not prevent you from pursuing a bodily injury claim later, as long as you do not sign a written agreement that clearly releases all claims from the accident. Because you initially felt fine but later developed left arm pain, it is important to document the symptoms and treatment so you can connect the injury to the crash.

Process & Timing

1. Who files: You (the injured person) typically make the bodily injury claim. Where: Usually with the at-fault driver’s insurance adjuster; if a lawsuit becomes necessary, it is filed in the North Carolina trial court system (typically Superior Court or District Court depending on the case). What: A written bodily injury demand package often includes medical records/bills and proof of lost time from work, if any. When: Start as soon as you realize you may be injured, and do not wait until the last minute before the statute of limitations.
2. Vehicle reimbursement step: If the insurer sends a check or asks you to sign documents to close out the vehicle damage portion, read every page for “release” language that mentions “all claims,” “bodily injury,” or “known and unknown injuries.” If the paperwork is only for property damage, ask for confirmation in writing that it is limited to property damage only.
3. If the injury claim does not settle: To preserve your rights, you may need to file a lawsuit before the limitations period expires, even if negotiations are ongoing.

Exceptions & Pitfalls

• Signing a broad release: The most common way people accidentally give up an injury claim is by signing a “full and final” release while trying to finish the vehicle payment paperwork.
• Cash-and-close language: Even without a separate “release” form, some settlement documents can include language that the payment is “in full settlement of all claims.” Under North Carolina law, that written language can matter.
• Waiting too long to treat: Delayed treatment can make it harder to prove the left arm pain is connected to the crash, even if you still have the legal right to bring the claim.
• Not separating communications: If you tell the adjuster “everything is resolved” while finalizing the vehicle payment, it can create confusion. Keep your injury claim clearly open in writing.
• Deadline mistakes: Negotiations do not automatically extend the statute of limitations. If the deadline is approaching, you may need to file suit to protect the claim.

Conclusion

Yes—under North Carolina law, finalizing a vehicle (property damage) reimbursement usually does not prevent you from pursuing a bodily injury claim from the same crash, unless you sign a properly executed written settlement that clearly says the payment settles all claims. The key threshold is the wording of any release or settlement paperwork. Your next step is to review (and avoid signing) any document that releases “all claims,” and keep the bodily injury claim open before the three-year filing deadline.

Talk to a Personal Injury Attorney

If you’re dealing with a car accident where the property damage payment is being finalized but you later developed symptoms and want to preserve a bodily injury claim, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call [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.