Short Answer

Usually no. In North Carolina, a signed settlement with a release is generally final and bars new claims from the same accident. Limited exceptions exist, such as fraud, duress, mutual mistake, lack of capacity, or if the settlement was court-approved and eligible for relief. You may also have separate insurance benefits (like underinsured motorist coverage) only if policy requirements were preserved.

Understanding the Problem

The question is narrow: In North Carolina, can you, as an injured person, seek more money after you already settled your car accident injury claim years ago? You want to know whether the prior settlement can be undone or whether any separate avenue for compensation remains. Here, one key fact is that you settled the case years ago.

Apply the Law

North Carolina treats a settlement and release like a binding contract. A valid release normally ends your right to bring new claims about the same accident. North Carolina courts may set aside a settlement only for narrow reasons (fraud, duress, mutual mistake, or lack of legal capacity). If a minor’s settlement was approved by a court, any challenge must follow court rules on relief from judgments. Separate insurance benefits (like underinsured motorist coverage) may still be available only if you followed policy rules, including getting consent from your insurer before settling with the at-fault driver. The main forum for contract challenges and coverage disputes is the Superior Court in the county where you would file civil actions. Core deadlines include the three-year statute of limitations for personal injury claims and the one-year window for certain court-approved settlement challenges.

Key Requirements

• Finality of a signed release: A properly executed release typically bars new claims from the same accident.
• Grounds to undo a settlement: You must show fraud, duress, mutual mistake, or lack of capacity; these are fact-specific and time-sensitive.
• Court-approved settlements (e.g., for minors/incapacity): Challenges must use court procedures for relief from judgments and are subject to strict timing rules.
• Claims against other parties: A release of one person does not automatically release others unless the document says so; any new claim must still be within the statute of limitations.
• Underinsured/uninsured motorist (UIM/UM) benefits: May be available only if you preserved policy rights (including getting your insurer’s consent before settling with the at-fault driver).
• Deadlines: Personal injury claims generally have a three-year limit; certain court challenges must be filed within one year; policy notice and consent requirements can be shorter.

What the Statutes Say

• North Carolina Gen. Stat. § 1B-4 (Release of one tortfeasor) - Releasing one person does not discharge others unless the release says so; claims are reduced by the settlement.
• North Carolina Gen. Stat. § 20-279.21(b)(4) (UIM/UM coverage) - Sets notice and consent-to-settle requirements to preserve underinsured motorist rights.
• North Carolina Gen. Stat. § 1A-1, Rule 60 (Relief from judgment) - Allows limited challenges to court-approved settlements within specific time limits.
• North Carolina Gen. Stat. § 1-52 (Three-year limitation) - General three-year deadline for personal injury actions.

Analysis

Apply the Rule to the Facts: Because you settled years ago, your signed release likely bars new claims from the same crash. To reopen it, you would need a recognized contract-based ground (for example, fraud or mutual mistake) and you would need to act promptly. If the settlement was court-approved (such as a minor’s claim), Rule 60 limits may require filing within one year for certain grounds. If you preserved UIM rights by getting your insurer’s consent before settling, you may still pursue UIM benefits subject to policy deadlines.

Process & Timing

1. Who files: The injured person. Where: North Carolina Superior Court in your county, or the court that approved the settlement. What: File a civil complaint to rescind the release (contract challenge) or a Rule 60 motion if the settlement was court-approved; for UIM, give written notice and follow your policy’s claim process. When: Act as soon as possible; certain Rule 60 grounds have a one-year limit, and policy deadlines can be shorter.
2. Expect an initial review period to gather the release, settlement paperwork, and your auto policy, followed by motion practice or pleadings; timelines vary by county and court calendars.
3. Outcomes include the court upholding the release, setting it aside (rare), or proceeding on a preserved insurance claim; you may receive a written order or proceed to negotiation or litigation.

Exceptions & Pitfalls

• Broad releases often cover “all claims” and “unknown injuries,” which typically forecloses later claims.
• Delay weakens challenges based on fraud, mistake, or duress; courts expect prompt action once you discover a problem.
• Missing your insurer’s consent before settling can forfeit UIM coverage.
• Some releases expressly discharge “all other persons,” which can unintentionally waive claims against unnamed parties.
• Minor or incapacitated claim approvals require court procedures; the wrong filing (or filing late) can end the challenge.

Talk to a Personal Injury Attorney

If you’re dealing with a past car accident settlement and wonder whether any path to additional compensation remains, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call (919) 341-7055.

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.