Short Answer

In North Carolina, you recover medical expenses by proving the other driver’s negligence caused your injuries and by documenting the reasonable, necessary treatment you received. You usually start with an insurance claim against the at-fault driver and, if needed, file a lawsuit within three years. Your recoverable medical charges are limited to amounts paid or owed after write-offs, and any Medicaid or provider liens must be resolved from your settlement.

Understanding the Problem

You were rear-ended in North Carolina while stopped to make a left turn and you want your medical bills covered. The core issue is whether and how you can recover the cost of ER care and follow-up treatment from the at-fault driver (or your own policy), and what limits or payback obligations apply when you have Medicaid. This page explains the path to payment and what proof and deadlines matter.

Apply the Law

North Carolina uses fault-based rules. To recover medical expenses, you must show the other driver was negligent (for example, by following too closely), that the crash caused your injuries, and that your treatment was reasonable and necessary. Claims typically begin with the at-fault driver’s liability insurer. If settlement fails, you file suit in the county where the crash happened or where the defendant lives. The general deadline to file a personal injury lawsuit is three years from the crash date.

Key Requirements

• Fault (Negligence): Show the other driver failed to use reasonable care (rear-end collisions often involve following too closely or inattention).
• Causation: Connect the crash to your injuries with medical records and consistent symptoms.
• Reasonable and Necessary Charges: You can claim only amounts actually paid or still owed for medical care, not the full sticker price after write-offs.
• Liens Must Be Resolved: Medicaid and medical provider liens can be taken from your recovery and must be addressed before you are paid.
• Contributory Negligence: If you are even slightly at fault, recovery can be barred; in a stopped, signaling left-turn scenario, this defense is usually weaker but still raised.
• Deadline: File any lawsuit within three years; missing it can end your claim.

What the Statutes Say

• North Carolina Gen. Stat. § 20-152 (Following too closely) - Drivers must not follow more closely than is reasonable and prudent.
• North Carolina Gen. Stat. § 8C-1, Rule 414 (Evidence of medical expenses) - Allows only amounts paid or owed (after write-offs) to prove medical expenses.
• North Carolina Gen. Stat. § 44-49 (Medical provider liens) - Gives providers a lien on injury recoveries when they furnish records and bills.
• North Carolina Gen. Stat. § 44-50 (Lien limits) - Caps the total provider lien share taken from your recovery.

Analysis

Apply the Rule to the Facts: You were rear-ended while stopped to turn left, which points to the other driver following too closely or not keeping a proper lookout. Your ER visit the next day and prescriptions help show causation, though the one-day delay means you should follow up promptly and consistently. Because you have Medicaid, your recoverable medical expenses are the amounts paid or owed after write-offs, and Medicaid and any provider liens must be addressed from any settlement.

Process & Timing

1. Who files: You (or your attorney). Where: Open a liability claim with the at-fault driver’s insurer; if suit is needed, file a Civil Summons (AOC-CV-100) and Complaint in the District Court (up to $25,000) or Superior Court (over $25,000) in the county of the crash or defendant’s residence. What: Demand package with records, bills (paid/owed), crash report, and photos. When: Aim to submit your demand after you reach a stable point in treatment and before the three-year deadline.
2. Insurance evaluation: The adjuster reviews fault and medical proof (often 30–60+ days). Expect questions about any delay in treatment; provide clear records tying symptoms to the crash.
3. Settlement and lien resolution: If you settle, the insurer issues payment to resolve Medicaid and provider liens within statutory limits, then the remainder to you. If no settlement, file suit within three years and serve the defendant; litigation timelines vary by county.

Exceptions & Pitfalls

• Contributory negligence: Insurers may argue you stopped suddenly or failed to signal; counter with the crash report, turn-signal use, and witness statements.
• Gaps in care: Delays or inconsistent treatment weaken causation; follow prescribed care and keep appointments.
• Billing and liens: If you have Medicaid, providers generally should bill Medicaid; trying to “self-pay” can create problems and you must account for Medicaid’s lien from any recovery.
• Evidence scope: Under Rule 414, you can present only amounts paid or owed; get itemized statements showing insurance payments and write-offs.
• Recorded statements: Be cautious with insurer interviews; stick to facts and avoid speculation about symptoms or fault.

Talk to a Personal Injury Attorney

If you're dealing with medical bills after a rear-end collision while waiting to turn, 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.