Short Answer

In North Carolina, you can pursue a claim against the at-fault driver even if Medicaid is your only health coverage. Medicaid may pay accident-related bills, but the State has a statutory lien on any settlement and must be repaid from it (subject to caps). Notify Medicaid early, keep treating and documenting your injuries, and protect your right to sue by tracking the filing deadline.

Understanding the Problem

You were rear-ended while stopped to make a left turn in North Carolina and you have only Medicaid. Can you still recover for your injuries, and how do you handle medical bills and Medicaid’s payback rights? This question matters because your actions now affect your treatment, your settlement, and your deadline to file a lawsuit if the insurer won’t pay.

Apply the Law

North Carolina law lets an injured person bring a bodily-injury claim against the at-fault driver (usually through the driver’s liability insurer). Medicaid can pay covered medical care but is the payer of last resort and has a statutory lien on any third-party recovery. Health care providers have lien rules too, and if they accept Medicaid payment, they generally cannot also pursue you for the balance related to that service. Lawsuits for personal injury must be filed in the General Court of Justice (District or Superior Court) within the applicable limitation period, typically measured from the crash date.

Key Requirements

• Fault: Show the other driver’s negligence (duty, breach, and causation). A rear-end while you were stopped often supports negligence, but fault is not automatic.
• Injury and medical proof: Link your symptoms and treatment to the crash with medical records, bills, and consistent follow-up care.
• Medicaid lien management: Notify North Carolina Medicaid and request a lien amount; repay Medicaid from any settlement, subject to statutory limits.
• Provider lien coordination: Understand when hospitals or doctors can assert liens and how those liens are capped, especially if they were paid by Medicaid.
• Timing: Track the lawsuit filing deadline (generally three years from the crash); missing it can bar your claim.

What the Statutes Say

• North Carolina Gen. Stat. § 108A-57 (Medicaid lien on third-party recoveries) - Gives the State a lien and sets limits on how much Medicaid can recover from your settlement.
• North Carolina Gen. Stat. § 44-49 (Health care provider liens) - Allows providers to assert liens for crash-related treatment if they meet notice and documentation requirements.
• North Carolina Gen. Stat. § 44-50 (Distribution and caps on provider liens) - Caps how much of a recovery can be applied to perfected provider liens after attorney’s fees.
• North Carolina Gen. Stat. § 1-52 (Three-year limitation for personal injury) - Sets the general time limit to file a personal-injury lawsuit.

Analysis

Apply the Rule to the Facts: Being rear-ended while stopped to turn left tends to support negligence by the other driver, satisfying the fault element. Your ER visit the next day and ongoing back pain can establish injury and causation if your records tie symptoms to the crash. Because you have Medicaid, expect a Medicaid lien on any settlement; request the lien amount early and plan to repay within the statutory cap. Track the three-year filing deadline in case negotiations stall.

Process & Timing

1. Who files: You (the injured person). Where: Open a bodily-injury claim with the at-fault driver’s insurer; if you have Medical Payments coverage, open a claim with your own insurer. If settlement fails, file a civil action in the General Court of Justice (Clerk of Superior Court) in the county where the defendant lives or the crash occurred. What: Insurance notice and demand; lawsuit via Complaint and Civil Summons (AOC-CV-100). When: Give claim notice promptly; file any lawsuit within three years of the crash.
2. Request your Medicaid lien statement from NC Medicaid (Division of Health Benefits/Third Party Recovery). Update them as bills post and before settlement. Response times vary by workload.
3. When settling, the insurer or your counsel should account for and pay the Medicaid lien at disbursement and obtain confirmation or a release. Keep copies of the settlement statement and lien resolution.

Exceptions & Pitfalls

• North Carolina uses contributory negligence. If the insurer can show you were even slightly at fault, it can defeat the claim—address this early with facts and evidence.
• Do not ignore the Medicaid lien. Settling without resolving it can delay payment or force post-settlement reimbursements.
• If a provider accepted Medicaid for a crash bill, they typically should not also pursue you for the balance for that service; coordinate bills so the correct payer is used.
• Avoid broad medical authorizations and recorded statements to the insurer without understanding their scope; provide relevant records that prove causation and damages.
• Gaps in treatment weaken causation. Follow doctor’s orders and keep appointments to document recovery.

Talk to a Personal Injury Attorney

If you're dealing with a rear-end crash, Medicaid billing, and lien questions, 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.