Short Answer

In North Carolina, your property damage claim (actual cash value for your car) and your bodily injury claim are separate. You can usually accept an ACV payment for the vehicle without waiving your injury claim—so long as you do not sign a release that covers “all claims” from the crash or cash a check that clearly says it is a full and final settlement of all claims. Read every release or check legend closely and keep your injury claim within the lawsuit deadline.

Understanding the Problem

You’re deciding whether you can take the insurer’s ACV payment for your totaled car in North Carolina without giving up your right to pursue a bodily injury claim. You are the injured driver, the insurer has offered a property damage payment, and there is no formal release language attached to the ACV offer.

Apply the Law

Under North Carolina law, claims for vehicle damage and for bodily injury arise separately, and settlement of one does not automatically settle the other. A bodily injury claim is preserved unless you sign a broad release that includes injury claims from the crash, or you accept a payment that clearly states it is in full settlement of “all claims.” Cashing a check with conspicuous full-settlement language can operate as an accord and satisfaction. Medical providers may assert liens against an injury settlement, and government programs (like Medicaid or Medicare) can require reimbursement. If you cannot settle, bodily injury lawsuits are filed in civil court, and the general deadline to file a negligence suit for personal injury is typically three years from the crash, though details can vary.

Key Requirements

• Keep claims separate: Accepting ACV for the car is generally fine if paperwork makes clear it is for property damage only.
• Watch the release: Do not sign any document that releases “all claims” unless you intend to end the injury claim.
• Check the check: Do not cash a check that says “full and final settlement of all claims” or similar broad wording.
• Protect the deadline: Calendar the injury claim’s filing deadline (generally three years) to preserve your rights.
• Handle liens: Expect hospitals/EMS and certain insurers or government programs to assert reimbursement rights against any injury recovery.

What the Statutes Say

• N.C. Gen. Stat. § 25-3-311 (Accord and satisfaction by use of instrument) – Cashing a check labeled as full settlement can discharge the claim described if specific conditions are met.
• N.C. Gen. Stat. § 44-49 (Medical providers’ liens) – Allows providers to assert a lien on personal injury recoveries when bills and records are provided upon request.
• N.C. Gen. Stat. § 44-50 (Distribution of recoveries) – Caps combined provider liens to protect a portion of a claimant’s net settlement.
• N.C. Gen. Stat. § 1-52 (Limitations of actions—three years) – Sets a three-year limitation period for many negligence and property claims; specific application depends on the facts.

Analysis

Apply the Rule to the Facts: Because the ACV offer came without formal release wording, you can generally accept it as a property damage-only resolution. Before depositing the check, confirm in writing that it settles property damage only and ensure the check and any email or cover letter do not say “full and final settlement of all claims.” The bodily injury adjuster’s proposal to pay only medical bills in exchange for a full release would waive all injury claims, so review that carefully and negotiate terms you can accept. With substantial hospital and EMS bills, expect liens and reimbursements to apply to any injury settlement; request itemized statements and keep everything organized. The pending speeding citation can affect liability discussions in a contributory-negligence state, so avoid any admissions and handle the citation thoughtfully while you continue your injury claim.

Process & Timing

1. Who files: The injured claimant. Where: Start with the at-fault insurer; if no resolution, file a civil action in the appropriate North Carolina trial court in the county where the crash occurred or the defendant lives. What: For ACV, request written confirmation that the payment is for property damage only and that no global release is required. For injury, maintain medical records, bills, and wage documentation. When: Aim to resolve property damage quickly; file any bodily injury lawsuit generally within three years of the crash.
2. After accepting ACV, transfer title as needed for a total loss and coordinate with any lienholder. For injury, send a letter of representation to the insurer, gather itemized bills and records, and notify providers of the claim so lien issues can be addressed.
3. When settling injury claims, review the release language, account for medical liens/reimbursement, and obtain a final settlement check. Expect to sign a release limited to injury claims upon payment.

Exceptions & Pitfalls

• Cashing any check marked “full and final settlement of all claims” can extinguish broader rights under accord-and-satisfaction rules.
• Global releases: Do not sign a release that covers “all claims” if you only intend to resolve property damage.
• Liens and reimbursement: Hospitals, EMS, Medicaid/Medicare, and certain health plans may require repayment from the injury recovery. Failing to address them can delay or reduce your net.
• Contributory negligence: Admissions (including about speeding) can jeopardize recovery. Keep communications careful and factual.

Talk to a Personal Injury Attorney

If you’re dealing with a total loss offer while still treating for injuries from the same crash, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [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.