Short Answer

In North Carolina, simply having the insurer pay your hospital and EMS bills does not, by itself, stop you from seeking additional compensation. What bars future claims is signing a broad release of “all claims.” Property damage and bodily injury are separate; you can resolve one without releasing the other if the paperwork is drafted that way. Medical providers may assert liens on your injury recovery, and those liens are subject to statutory limits.

Understanding the Problem

In North Carolina personal injury cases, the practical question is: can you let the insurer pay your medical and EMS bills now without giving up your right to pursue pain and suffering or other damages later? Here, the adjuster wants you to sign a release that surrenders all past and future claims in exchange for paying providers only. You need to know whether that release would shut the door on additional compensation.

Apply the Law

Under North Carolina law, a signed release governs your rights. A general release of “all claims” will usually bar any additional recovery for injuries from the same crash, even if new problems arise later. By contrast, you can settle property damage separately from bodily injury if the documents say so. Hospitals, EMS, and other medical providers may have statutory liens against your injury recovery, and those liens must be handled as part of any settlement disbursement. The main forum for unresolved injury claims is the General Court of Justice (District or Superior Court), and most personal injury claims have a three-year filing deadline from the crash date.

Key Requirements

• No broad release: Do not sign a general release of “all claims” if you plan to pursue additional compensation; use a limited or separate release instead.
• Separate the claims: Keep property damage and bodily injury settlements distinct unless you intend to close both.
• Honor medical liens: Expect medical and EMS providers to assert liens; obtain itemized statements and address liens in disbursement.
• Follow the cap: Provider liens are subject to statutory limits tied to the injury recovery after attorney’s fees are deducted.
• Watch the deadline: Most North Carolina personal injury claims must be filed within three years if settlement does not resolve your damages.

What the Statutes Say

• North Carolina Gen. Stat. § 44-49 (Medical provider liens) – Allows hospitals, physicians, and EMS to assert liens on an injury recovery and requires itemized statements upon request.
• North Carolina Gen. Stat. § 44-50 (Attorney disbursement; lien cap) – Governs disbursement of settlements and caps combined provider liens to a portion of the recovery after attorney’s fees.
• North Carolina Gen. Stat. § 1-52 (Three-year limitation for personal injury) – Most negligence claims must be filed within three years of the injury.

Analysis

Apply the Rule to the Facts: The insurer’s property damage payment without a release typically does not affect your injury claim. But the proposed bodily injury release that pays providers only—and requires you to waive “all claims”—would likely block any later request for pain and suffering, lost wages, or future care. Your hospital and EMS bills can be addressed through statutory liens with itemized statements and a cap on how much of your settlement must go to providers. A pending speeding citation does not automatically bar a claim, but the insurer may use it to argue you were at fault; in North Carolina, contributory negligence can defeat recovery if proven.

Process & Timing

1. Who files: The injured person. Where: Civil action in the General Court of Justice (District or Superior Court) in the North Carolina county where the crash occurred or where the defendant resides. What: A civil complaint alleging negligence and damages; service under Rule 4. When: File within the three-year statute of limitations; if you cannot reach acceptable terms, do not let this deadline pass.
2. Before filing suit, ask the insurer to separate the property damage settlement from any bodily injury release. Obtain itemized statements from hospital and EMS, confirm lien amounts, and negotiate disbursement consistent with the statutory cap. Expect provider responses within a few weeks, but timing varies by county and provider.
3. Finalize settlement documents narrowly (e.g., a property damage–only release or a limited medical-pay disbursement). Settlement funds are deposited to a trust account, liens are paid per statute, and you receive the balance. If a global release is unavoidable and unacceptable, proceed with litigation before the deadline.

Exceptions & Pitfalls

• Signing a broad “all claims” release will usually bar any additional compensation—even if new symptoms arise later.
• Do not assume property damage and bodily injury are bundled; insist on separate, clearly labeled releases if you only want to close one claim.
• Provider liens must be supported by itemized statements; verify amounts and apply the statutory cap before disbursement.
• Medicare, Medicaid, or other benefit programs may have separate reimbursement rights; address these before closing.
• A guilty plea to a related traffic citation can affect negotiations; discuss options before resolving the ticket to avoid unintended consequences.

Talk to a Personal Injury Attorney

If you’re dealing with an insurer asking for a broad release in exchange for paying medical and EMS bills, 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.