What happens if the adjuster offers a full and final settlement and I need more treatment?

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What happens if the adjuster offers a full and final settlement and I need more treatment? — North Carolina

Short Answer

In North Carolina, a “full and final” settlement closes your injury claim for good. If you sign the release (or cash a check clearly tendered as full and final), you usually cannot ask for more money later—even if your condition worsens or you need more treatment. If you still need care, wait until you’ve reached maximum medical improvement or include future medical costs in the settlement. Protect any underinsured motorist rights before settling.

How North Carolina Law Applies

A full and final settlement is a contract. When you sign a release for the at‑fault party’s insurer, you give up all claims—past and future—arising from the crash. Insurers rarely keep medical benefits “open” in liability claims. If you’re still treating, you can either (1) wait until your doctor says you’ve reached maximum medical improvement (MMI) so you know your full damages, or (2) get a medical opinion about future care and negotiate money for those future costs now. If you have potential underinsured motorist (UIM) coverage, you must give your own insurer notice and obtain consent before releasing the at‑fault driver, or you could lose your UIM claim. North Carolina also sets strict filing deadlines; if talks stall, you must file suit before time runs out.

Key Requirements

  • Signing a release (or accepting a check marked as full satisfaction) typically ends your claim permanently.
  • Your settlement should account for all damages: medical bills, future treatment, lost income, future wage loss/earning capacity, pain and suffering, and permanency/impairment.
  • If UIM may apply, you must notify and secure consent from your UIM carrier before settling with the at‑fault insurer.
  • You must resolve valid medical liens and claims from providers and certain insurers out of your settlement proceeds.
  • You must settle or file a lawsuit before the statute of limitations expires (deadlines vary—see below).

Process & Timing

  1. Do not sign or cash anything labeled “full and final” until you understand your diagnosis and prognosis. Ask the adjuster for time if you’re still treating.
  2. Reach MMI or get a written medical opinion on future care: recommended treatments, costs, and whether your injury is permanent.
  3. Calculate damages: past and projected medical costs, lost wages, future earning impact, and pain and suffering. Gather proofs (bills, records, wage documentation).
  4. Check insurance: confirm available liability limits and whether you have MedPay and/or UIM coverage. If UIM is possible, give your UIM carrier written notice and request consent before any release.
  5. Negotiate: present a demand that includes future medical costs and any permanency. Clarify that property damage and bodily injury are separate, and avoid releasing unrelated claims.
  6. Resolve liens: set aside funds to satisfy valid medical provider liens and certain insurer reimbursement rights before disbursement.
  7. Finalize settlement: review the written release for scope and parties released; ensure the check amount and lien payments match the agreement before signing or depositing.
  8. Protect deadlines: if you cannot reach fair terms, file a lawsuit before the statute of limitations expires to preserve your rights.

What the Statutes Say

Exceptions & Pitfalls

  • Once you sign a full and final release, you usually cannot reopen the claim—even if new injuries appear later—unless rare defenses like fraud or mutual mistake apply.
  • Do not cash a check marked “full and final” unless you agree to settle; doing so can end your claim under accord-and-satisfaction rules.
  • UIM risk: Failing to obtain your UIM insurer’s consent before releasing the at‑fault driver can forfeit valuable benefits.
  • Deadlines: Claims against government entities may have shorter notice or filing requirements. Do not wait if negotiations stall.
  • Minors: Settlements for children usually require court approval to be enforceable.
  • Lien traps: Ignoring valid medical liens can delay payment or expose you to reimbursement demands after settlement.

Helpful Hints

  • Ask your doctor for a written opinion on future treatment and costs to include in your demand.
  • Keep a treatment log and save all bills and receipts; insurers need documentation to pay.
  • If you suspect the at‑fault limits are low, contact your insurer immediately about potential UIM and request written consent procedures.
  • Consider whether MedPay benefits under your own policy can help with ongoing bills while you finish treatment.
  • Read the release carefully; confirm which parties and claims are being released and whether property damage is separate.
  • If the deadline is close and you’re still treating, file suit to preserve your rights rather than rush a premature settlement.

Disclaimer: This article is general information about North Carolina law, not legal advice. Reading it does not create an attorney‑client relationship.

Talk to a Personal Injury Attorney

If you’re facing a “full and final” settlement offer while you still need medical care, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-313-2737.

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