This post discusses medical bills after a North Carolina Motor Vehicle Accident. Read on for more information on how to handle these bills.
The Bishop Law Firm represents car accident victims in North Carolina, and we offer free case reviews. You can call us today, 919-615-3095, or start your free case review now.
Who pays medical bills in a car accident in North Carolina?
Under North Carolina law, the party at fault for the accident is typically responsible for covering the damages and medical expenses.
In reality, it is the at-fault party's auto insurance company that foots the bill.
Also, watch our video: Medical Bills After a North Carolina Car Accident.
Who determines fault in an accident in North Carolina?
In most car accidents, the law enforcement officer who arrives on the scene establishes fault by issuing a citation or writing a narrative description of who caused the accident in the accident report (NC DMV 349).
If the police officer did not designate the at-fault party, the at-fault party's insurance adjuster may try to do so. As you can imagine, this determination of fault is not always in a victim's favor.
Unfortunately, North Carolina is a contributory negligence state, which means that if you are even 1% at fault for your car accident, you can not recover your losses.
If the accident was not your fault, you can recover the costs of your medical bills, lost wages, and be compensated for your pain and suffering.
Who pays the medical bills of a car accident victim?
The at-fault party's insurance will pay a victim's medical bills in a personal injury settlement.
A personal injury car accident claim can take substantial time; however, most healthcare providers want payment as soon as possible.
A victim can handle medical bills after a North Carolina Car Accident in a few different ways.
Victim's Health Insurance
Many of our clients initially file claims with their own health insurance coverage. If you do not have health insurance, watch our video above for ways that you can seek medical treatment.
File a Claim with the At-Fault Party's Insurance
Next, you should file a claim with the at-fault party's car insurance company.
Different adjusters usually handle Personal Injury claims and Property Damage claims.
The personal injury adjuster may request that you provide a recorded statement or ask for a list of your medical providers so they can obtain your medical costs and records.
Med-Pay
If your auto insurance has medical payments coverage (Med-Pay), you may be able to recover some of your medical expenses that way.
Lastly, you can enter into a payment arrangement/lien with the medical provider if you do not have health insurance.
If the driver who caused the car accident does not have car insurance, your last resort is to file a claim under your own uninsured motorist coverage.
UM and UIM
Victims can also file a claim with their own insurance company if the at-fault party does not have insurance or does not have enough insurance.
Effective July 1, 2025, Uninsured motorist coverage (UM) and underinsured motorist coverage (UIM) are required to match the policy's liability limits, which are at least the North Carolina minimum ($50,000 Bodily Injury coverage for each person, $100,000 total Bodily Injury for all persons in an accident, and $50,000 for Property Damage).
Personal Injury Protection (PIP) is not required on auto insurance policies in North Carolina.
Do you have to pay your own health insurance company back?
If you file under your own insurance and later settle your personal injury claim, your private health insurance may need to be repaid via medical liens.
When a health insurance company has paid some or all of an accident victim’s accident-related medical expenses, they often will claim a right of reimbursement or subrogation to any recovery proceeds paid to the accident victim from the at-fault driver’s car insurance company for accident-related medical expenses.
Most health insurance companies state a right to reimbursement in their plan’s language.
However, the North Carolina Department of Insurance regulation states in its language,
“Life or accident and health insurance forms shall not contain a provision allowing subrogation of benefits.” 11 N.C. Admin. Code 12.0319.
This North Carolina regulation prohibits health insurance plans from recovering any of an accident victim’s settlement proceeds from a car accident.
However, it is essential to note that there are many exceptions to this North Carolina regulation, therefore allowing some health insurance plans to seek reimbursement from an accident victim’s settlement proceeds.
For example, Medicare, Medicaid, and different types of self-funded health insurance plans are allowed to seek reimbursement for any payment of a car accident victim’s auto accident-related medical expenses.
These types of health insurance subrogation matters can become complicated and have dire consequences if not handled by an experienced NC car accident attorney.
Do you need a North Carolina Car Accident Personal Injury Lawyer?
If the at-fault driver’s insurance won’t pay for your medical bills, you can try to recover your expenses through an NC Personal Injury case.
Please remember that insurance companies make money by insuring people, not by paying injury claims.
Do not rely on the at-fault driver’s insurance company to tell you what you can and can not be compensated for after an auto accident with serious injuries.
Suppose the at-fault insurance company is unwilling to pay for your medical bills, lost wages, or pain & suffering.
In that case, it is a good idea to contact a North Carolina car accident attorney who can advise you of your rights and ensure that you receive maximum compensation.
The last thing that you need is medical providers reporting delinquent accounts on your credit for medical treatment you received due to an accident caused by someone else!
The Bishop Law Firm can help with your medical bills after an NC car accident. We represent personal injury accident victims in Raleigh, Cary, Fayetteville, Durham, Rocky Mount, Wilson, Smithfield, Louisburg, Chapel Hill, Roanoke Rapids, and surrounding areas in North Carolina.
Contact us today at (919) 615-3095 for a free case review.
Also read Personal Injury Medical Bills More than Settlement and Accident Attorney Raleigh, NC
