When an insurance company offers you money labelled “full and final settlement,” it usually means you agree to give up any further claims against the at-fault driver or insurer. In North Carolina, settlements operate under basic contract rules: once you sign a release form or clearly accept a payment that specifies it resolves all known and unknown claims, you generally cannot reopen your case. This holds true in Durham County and statewide.
For example, if you accepted a payment memo stating “bodily injury – full and final settlement of all claims” and you later signed a final release, courts will hold you to that agreement. You waive your right to sue for medical bills, lost wages or pain and suffering related to that crash. If you never signed the release but the insurer can show you unequivocally accepted the settlement terms, you may still be bound.
Remember: North Carolina gives you three years from the date of your accident to file a personal injury lawsuit under N.C. Gen. Stat. §1-52(16). See the statute here: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_1/GS_1-52.html. Once you sign a binding release, you lose that right—even if your medical treatment isn’t complete.
Before accepting any payment from Gecko or another carrier, always read the memo and any attached release form. If you live outside Durham County, check with your county clerk’s office for local filing requirements and standard release forms.
If you have questions about how a settlement memo or release affects your rights, email intake@wallacepierce.com or call us at (919) 313-2729 to discuss your situation.
Sometimes an insurer issues a settlement check but then refuses to pay your medical providers. In Durham County and across North Carolina, you may enforce the insurer’s promise under contract law. If you accepted a settlement for your bodily injuries, the insurer must pay all covered bills—unless you breached your agreement by failing to sign a required release form.
First, confirm whether you signed a “final release” or merely endorsed a check. If you signed nothing, the insurer still owes on the promise you accepted. If you signed a full release, you likely waived the right to collection. Either way, you can ask a court to enforce payment under the original terms.
You may file a simple civil action in Durham County District Court seeking an order to compel the insurer to pay your medical bills. North Carolina’s Rules of Civil Procedure allow you to recover damages for breach of contract. Courts consider the payment memo, any unsigned release, and correspondence with Gecko or the at-fault driver’s carrier.
If you live outside Durham County, check with your own county clerk for filing fees and forms. Keep in mind the three-year statute of limitations under N.C. Gen. Stat. §1-52(16): https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_1/GS_1-52.html.
To discuss enforcing your post-settlement rights, email intake@wallacepierce.com or click to call (919) 313-2729 and speak with Wallace Pierce Law.
