Short Answer

In North Carolina, you generally cannot negotiate a higher medical payments ("Med Pay") policy limit after a crash—the limit is fixed by your contract. You can, however, maximize what you collect within that limit by submitting all eligible bills, locating any additional Med Pay that applies (such as another household policy), and negotiating medical liens so more of the recovery reaches you.

Understanding the Problem

You want to know whether you can push your insurer to raise your Med Pay coverage so your net recovery increases. The decision point is this: under North Carolina law, can an injured claimant increase Med Pay beyond the stated limit in the policy, or are there other lawful ways to improve the bottom line? One salient fact: the liability insurer’s final offer is just below your minimum settlement threshold.

Apply the Law

Medical payments coverage is a no-fault, first-party benefit that reimburses reasonable and necessary medical expenses caused by an auto crash up to a per-person limit shown on your declarations page. The coverage is contractual. After a loss, you cannot raise the policy limit, but you can pursue all eligible Med Pay available to you and ensure proper distribution alongside any medical liens. Disputes are handled first with your insurer; unresolved disputes can go to North Carolina state court as a contract claim.

Key Requirements

• Covered person: You must qualify as an insured under the policy (named insured, resident relative, or permissive occupant, per policy terms).
• Accident-related expenses: Bills must be reasonable, necessary, and caused by the crash.
• Time limits: Expenses must be incurred and submitted within the timeframes in your policy; insurers often require prompt notice and proof of loss.
• Policy limit: Payment is capped at the per-person Med Pay limit; you cannot increase that limit after the accident.
• Other applicable policies: Additional Med Pay may be available from the vehicle you occupied or household policies, subject to any anti-stacking language.

What the Statutes Say

• North Carolina Gen. Stat. § 44-49 (Medical provider liens) - Creates liens for medical providers on injury recoveries.
• North Carolina Gen. Stat. § 44-50 (Lien amount and distribution) - Limits lien amounts and sets rules for distributing settlement funds.
• North Carolina Gen. Stat. § 1-52 (Three-year limitations, including contracts) - General three-year limit for contract actions if you have to sue your insurer.
• North Carolina Gen. Stat. § 20-279.21 (Financial responsibility) - Sets mandatory auto coverages; Med Pay is optional and governed by the policy.

Analysis

Apply the Rule to the Facts: You cannot negotiate Insurer A’s Med Pay limit upward after the crash. Focus on maximizing what’s available: confirm the per-person Med Pay limit, submit every eligible bill within the policy’s time window, and check whether another household policy also provides Med Pay. Because provider liens can reduce your net, negotiate them under North Carolina’s lien statutes so more of the settlement reaches you.

Process & Timing

1. Who files: You or your attorney. Where: Your auto insurer’s claims department in North Carolina. What: The insurer’s Med Pay claim form/proof of loss, itemized bills, records, and any required authorizations. When: Give prompt notice and submit bills as incurred; policies often require submission within a defined window (for example, within 1–3 years of the crash).
2. Ask each potentially applicable insurer to confirm Med Pay limits in writing, identify any anti-stacking provisions, and state whether you qualify as an insured. This verification step can take 1–3 weeks depending on the carrier.
3. After approval, the insurer issues payment (sometimes jointly to you and providers with liens). Your attorney then allocates funds, negotiates liens under North Carolina law, and provides a closing statement.

Exceptions & Pitfalls

• Anti-stacking clauses may prevent collecting Med Pay from multiple vehicles or policies; check the policy language.
• Settling the bodily injury claim without resolving provider liens can shrink your net; negotiate liens under the North Carolina lien statutes before disbursing funds.
• Missing policy submission deadlines or failing to provide proof of loss can bar payment.
• Some insurers issue checks jointly to providers when liens exist; plan for that in your timing and disbursement.
• Health-plan reimbursement claims (e.g., Medicare, certain ERISA plans) follow different rules and can affect your net; confirm all potential liens early.

Talk to a Personal Injury Attorney

If you're dealing with low Med Pay limits and lien questions after a crash, 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.