In North Carolina, you recover medical payments ("Med Pay") by submitting a first-party claim to your client’s own auto insurer with proof that the treatment was reasonable, necessary, and related to the crash. Settlement of the liability or uninsured motorist claim does not eliminate Med Pay benefits because they are contractual. Before disbursing any money to the client, resolve valid medical provider liens and any statutory reimbursement claims (for example, Medicaid, Medicare, or the State Health Plan). Policy notice and proof-of-loss deadlines apply.
You want to know whether, and how, you can still collect Med Pay benefits for your injured clients from their auto insurer after the personal injury claim has already settled. The question matters because Med Pay is a separate first‑party benefit under North Carolina policies, and it can help pay medical bills even when the at‑fault driver is uninsured. Here, the at‑fault driver had no insurance, and both your driver and passenger were treated on the accident date.
Under North Carolina law, Med Pay is a no‑fault, first‑party auto benefit that reimburses reasonable and necessary accident‑related medical expenses up to the policy limit, subject to policy conditions. Medical providers can assert statutory liens against the client’s personal injury settlement funds, and certain government health plans have statutory reimbursement rights. You submit Med Pay directly to the client’s insurer; no court filing is required. Deadlines are set by the policy (notice and proof‑of‑loss), and lien/reimbursement rules govern how you disburse settlement funds.
Apply the Rule to the Facts: Because your clients had same‑day treatment for crash‑related back pain and bruising, those bills typically qualify for Med Pay if within the policy’s time window and limits. The at‑fault driver was uninsured, so your liability claim likely ran through UM; that settlement does not cancel Med Pay. Submit complete billing and records to the clients’ own insurer. From the settlement funds, satisfy valid provider liens and any statutory claims (e.g., Medicaid/Medicare/State Health Plan) before disbursing to the clients.
In North Carolina, you can still pursue Med Pay after a personal injury settlement by submitting a first‑party claim with timely notice, proof of loss, and complete medical documentation. Then, pay valid provider liens and any statutory reimbursement claims from settlement funds before disbursing to the client. The next step is to send a representation letter and a complete Med Pay proof‑of‑loss package to the client’s auto insurer per the policy’s deadline.
If you're dealing with post‑settlement medical payments and lien resolution, 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.
