Short Answer

Medical payments (MedPay) coverage is optional, no-fault auto insurance that reimburses reasonable and necessary medical bills from a crash, up to your policy limit, regardless of who caused the wreck. In North Carolina, you claim MedPay from your own insurer by submitting proof of treatment and costs. Providers can assert liens against your liability settlement, but MedPay itself usually is paid directly to you or your attorney and is not reduced by fault issues. Timing and documentation requirements are driven by your policy.

Understanding the Problem

In North Carolina personal injury cases, people often ask: “How do I use my MedPay coverage to get my medical bills paid after a crash?” You want to know who files the claim, what to send, when payment happens, and how MedPay interacts with liability settlements and medical liens. Here, you were injured in a multi-vehicle collision and have both medical bills and a low first offer on your injury claim.

Apply the Law

MedPay is first-party, no-fault auto coverage. It pays for crash-related medical expenses (and sometimes funeral costs) for you and passengers, up to the limit you bought. You make the claim with your own insurer. North Carolina law also allows medical providers to assert statutory liens against your liability settlement, and attorneys must honor perfected liens within statutory caps when disbursing settlement funds. Policy terms control MedPay deadlines, eligible expenses, and proof requirements.

Key Requirements

• Covered expense: Treatment must be reasonable, necessary, and related to the crash; policy defines what’s eligible.
• Proof of loss: Submit itemized bills, records, and forms your insurer requires; some carriers accept electronic submissions.
• Policy limits and timing: Payment is capped at your MedPay limit; many policies require expenses be incurred and submitted within stated timeframes.
• No-fault payment: Fault does not matter for MedPay, but duplicate payments or excluded services may be denied per policy.
• Provider liens on settlements: Perfected medical provider liens attach to liability recoveries and are capped; attorneys must pay them from settlement proceeds.
• Coordination with other coverages: MedPay is separate from liability and UM/UIM; interaction depends on policy language and lien rules.

What the Statutes Say

• North Carolina Gen. Stat. § 44-49 (Medical provider liens – notice and conditions) - lets providers assert liens on personal injury recoveries if they give proper written notice and meet statutory conditions.
• North Carolina Gen. Stat. § 44-50 (Amount and payment of liens) - limits total provider liens and directs pro rata distribution when liens exceed the statutory cap after attorney fees.
• North Carolina Gen. Stat. § 20-279.21 (Motor vehicle insurance – UM/UIM framework) - sets core auto policy requirements, including UM/UIM; MedPay interaction depends on policy terms.
• North Carolina Gen. Stat. § 108A-57 (Medicaid lien on recoveries) - if Medicaid paid, the State has a statutory right to reimbursement from liability settlements.

Analysis

Apply the Rule to the Facts: Because you have MedPay, you can submit your crash-related bills to your own insurer for reimbursement up to your MedPay limit while you negotiate your liability claim. You or your attorney should send itemized bills and records promptly, following the insurer’s proof-of-loss requirements. When the liability settlement arrives, your attorney must honor any perfected provider liens within the statutory cap and distribute pro rata if necessary. Your MedPay payment typically does not reduce your liability settlement offer.

Process & Timing

1. Who files: You or your attorney. Where: Your auto insurer’s claims department in North Carolina. What: Your insurer’s MedPay claim form (often included in the claim portal), proof of loss, itemized medical bills, and records. When: Submit as soon as possible; policies often require expenses be incurred and/or submitted within set timeframes (commonly 12–36 months) from the crash.
2. Insurer reviews for reasonableness, necessity, and accident relation; they may ask for additional records. If approved, they pay up to your MedPay limit—often within a few weeks after complete documentation.
3. When your third-party claim settles, your attorney disburses funds: deducts approved attorney’s fees and expenses, pays perfected medical provider liens within the statutory cap (pro rata if needed), addresses any Medicaid/Medicare/ERISA reimbursements, and tenders the client’s net.

Exceptions & Pitfalls

• Assignments and direct pay: If you sign an assignment of benefits or medical authorization, your insurer may pay providers directly from MedPay.
• Policy exclusions: Some services (for example, non-medical expenses) may be excluded; submit itemized bills and keep prescriptions/referrals to show medical necessity.
• Lien perfection: A provider lien is enforceable only if statutory notice and conditions are met; unperfected claims may not be payable from settlement funds.
• Caps and sharing: When total liens exceed the cap, they share pro rata; do not overpay one provider at the expense of others.
• Public benefit recoveries: Medicaid and Medicare have separate reimbursement rules and timelines that can affect disbursement; resolve them before cutting checks.
• Release language: Do not sign a global release that could waive your MedPay claim; MedPay is a separate first-party benefit under your policy.

Talk to a Personal Injury Attorney

If you're dealing with medical bills, MedPay questions, and lien issues after a crash, our firm has experienced attorneys who can help you understand your options and timelines. Call us today to discuss your claim.

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.