Short Answer

In North Carolina, you can stack multiple sources to pay your child’s accident-related medical and chiropractic bills: your auto policy’s medical payments ("Med Pay") coverage, your health insurance, and the at-fault driver’s liability insurance. While the other insurer investigates, submit bills to Med Pay and health insurance. When liability is resolved, pursue the at-fault carrier for all reasonable, necessary, accident-related expenses and resolve any medical liens before final payment.

Understanding the Problem

You want to know how, in North Carolina, a parent can get a minor child’s medical and chiropractic bills paid after a crash when the other driver’s insurer has not accepted fault yet. Here, your daughter was hit by a driver who rolled a stop sign, but police issued no citation. You need a path to pay bills now and protect the right to full reimbursement later.

Apply the Law

North Carolina is a fault-based auto state. The at-fault driver’s liability insurance is ultimately responsible for reasonable, necessary medical expenses caused by the crash. While liability is pending, you can use Med Pay under your own auto policy (if purchased) and your health insurance to keep providers paid. Health care providers may assert statutory liens against any settlement or judgment, subject to caps and distribution rules that protect the injured person’s recovery. If the at-fault driver is uninsured or underinsured, your policy’s UM/UIM coverage may apply. The civil forum for unresolved claims is the county trial court where the crash occurred or where the defendant resides. Key timing includes your policy deadlines for Med Pay submissions and North Carolina’s statute of limitations for injury claims (minors have extra time), so act promptly.

Key Requirements

• Fault and coverage: Liability insurance of the negligent driver pays confirmed accident-related medical bills; while fault is pending, use Med Pay and health insurance.
• Medical Payments (Med Pay): Optional coverage under your auto policy that pays reasonable and necessary medical/chiropractic expenses for occupants, regardless of fault, up to the policy limit and subject to policy deadlines.
• Documentation: Prompt notice to insurers, itemized bills and records, and clear proof that treatment is accident-related are required for payment.
• Liens and coordination: North Carolina law allows providers to assert liens on injury recoveries, but those liens are limited and must be resolved from any settlement or judgment.
• Minor’s claim handling: A parent can recover the child’s medical expenses; the child has her own bodily injury claim. Additional approval steps may apply at settlement.

What the Statutes Say

• North Carolina Gen. Stat. § 20-279.21 (Auto liability, UM/UIM; Med Pay option) - sets required and optional auto policy coverages, including fault-based liability and UM/UIM.
• North Carolina Gen. Stat. § 44-49 (Medical provider liens) - allows providers to claim a lien on personal injury recoveries if they provide proper notice.
• North Carolina Gen. Stat. § 44-50 (Distribution and attorney fee priority) - governs how medical liens are paid from settlements and protects a portion of the recovery for the injured person.

Analysis

Apply the Rule to the Facts: Because the at-fault insurer is still investigating, submit your daughter’s ER and chiropractic bills to your auto Med Pay (if you have it) and to your health insurance now to avoid collections. Keep treating as directed so the care is documented as reasonable and necessary. When liability is accepted, claim full reimbursement from the at-fault carrier and resolve any provider liens per North Carolina’s lien rules before disbursement.

Process & Timing

1. Who files: Parent/guardian for the minor. Where: Claims are opened with your auto insurer (Med Pay/UM/UIM) and the at-fault driver’s insurer; lawsuits, if needed, are filed in the appropriate North Carolina trial court. What: Send notice of claim, the crash report, and itemized medical bills/records; use your insurer’s Med Pay forms if available. When: Notify insurers promptly; Med Pay often requires submission within months of service—check your policy.
2. Continue treatment as prescribed. Provide updated bills and records periodically. Insurers often review and pay Med Pay within weeks of receiving complete documentation; liability evaluations vary by case and can take longer.
3. When treatment stabilizes, send a demand package to the at-fault insurer for medical expenses and other damages. Before settlement funds are released, resolve any valid liens with providers pursuant to North Carolina’s lien statutes and obtain written confirmations of satisfaction.

Exceptions & Pitfalls

• Lack of a traffic citation does not bar a civil claim; liability is determined under North Carolina negligence law.
• Gaps in treatment, missed appointments, or vague records can lead insurers to dispute reasonableness/necessity—keep care consistent and documented.
• Ask providers to bill health insurance first to secure contracted rates; coordinate later lien or reimbursement claims from any settlement.
• Medicare/Medicaid and some health plans have reimbursement rights; address these before distributing settlement funds.
• Do not sign broad medical authorizations or early releases; provide only what is necessary to adjust the claim.

Talk to a Personal Injury Attorney

If you're dealing with medical and chiropractic bills after your child’s crash while insurers point fingers, our firm has experienced attorneys who can help you understand your options and timelines. Call us 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.