Understanding the Problem

If you were in a North Carolina car accident, felt fine at first, and then developed left arm pain days later, you may be wondering what you can (and should) do now to protect your health and your potential injury claim before anything is finalized with insurance.

Apply the Law

North Carolina law allows an injured person to pursue compensation when another driver’s negligence causes injury. Practically, delayed-onset pain is common after collisions, but it creates two immediate issues: (1) your health needs may be time-sensitive, and (2) the insurance company may argue the pain is unrelated if there is a long gap before evaluation or treatment.

Also, property-damage negotiations (repair/total-loss payment) often move faster than injury claims. Under North Carolina law, settling only the property damage portion does not automatically release your injury claim unless the written settlement documents clearly say you are settling all claims from the crash.

Key Requirements

• Get medical evaluation: Prompt care creates a record connecting the crash to your symptoms and helps rule out serious conditions.
• Report the new symptoms: Tell the at-fault insurer (and your own insurer) that you have delayed-onset pain and are seeking treatment.
• Preserve documentation: Keep a symptom timeline, medical records, bills, prescriptions, and any work restrictions.
• Avoid signing a broad release: Do not sign paperwork that says “full and final settlement” or “release of all claims” unless you intend to close the injury claim too.
• Watch the lawsuit deadline: Most North Carolina personal injury claims must be filed within three years, and missing that deadline can end the case.
• Be careful with fault issues: North Carolina follows contributory negligence rules in many negligence cases, so statements that suggest you caused the crash can be used against you.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three years) - Sets a three-year limitations period for many injury claims and includes rules about when a claim accrues.
• N.C. Gen. Stat. § 1-540.2 (Property damage settlement not a release of injury claims) - Paying a property damage claim does not, by itself, release bodily injury claims unless the written agreement clearly says it does.
• N.C. Gen. Stat. § 1-139 (Burden of proof of contributory negligence) - Places the burden on the party asserting contributory negligence as a defense.

Analysis

Apply the Rule to the Facts: Here, you felt fine right after the crash but later developed left arm pain while the insurance company is moving toward finalizing vehicle reimbursement. That is a common point where people accidentally sign paperwork meant to close out more than just the car damage. The practical priority is to get evaluated and to clearly notify the adjuster that you now have a bodily injury component, so the claim record matches what you are experiencing.

Process & Timing

1. Who acts: You (the injured person). Where: With a medical provider and then with the insurance adjuster(s). What: Get an exam for the arm pain and send written notice to the adjuster that you have delayed-onset symptoms and are pursuing a bodily injury claim. When: As soon as you notice the pain—do not wait for the property-damage payment to finish.
2. Next step: Keep a simple symptom log (date pain started, what makes it worse/better, any numbness/weakness) and keep copies of all medical paperwork. If the insurer asks for a recorded statement, you can request to provide information in writing instead and avoid guessing about medical issues.
3. Final step: Before signing any settlement documents, read the release language carefully. If it says it settles “all claims” or “bodily injury,” treat it as closing the injury claim unless it is revised in writing to limit it to property damage only.

Exceptions & Pitfalls

• Signing the wrong release: A property-damage check or agreement may come with paperwork; if the written terms say “full settlement of all claims,” it can wipe out the injury claim even if nobody discussed your arm pain.
• Delaying treatment: The longer you wait, the easier it is for an insurer to argue the arm pain came from something else. Prompt evaluation helps connect the dots.
• Minimizing symptoms in statements: Adjusters may ask “Are you okay?” early on. If you later develop pain, update them in writing so the claim file reflects the change.
• Fault admissions: North Carolina’s contributory negligence rules can make fault disputes case-ending. Avoid casual statements like “I didn’t see them” or “It was partly my fault” until you have reviewed the crash facts carefully.

Conclusion

If you start feeling pain days after a car accident in North Carolina, get medical care promptly, document the symptoms, and notify the insurer that you have a bodily injury claim in addition to property damage. Settling vehicle damage does not automatically settle injury claims unless the written agreement clearly says it does. Your key legal deadline is typically three years to file suit, so your next step is to send written notice to the adjuster that you are reporting delayed-onset pain and are seeking treatment.

Talk to a Personal Injury Attorney

If you're dealing with delayed-onset pain after a car accident and the insurance company is moving quickly to wrap things up, an attorney can help you understand what documents to avoid signing, what information to provide, and what timelines matter under North Carolina law. Reach out 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.