Short Answer

No. In North Carolina, you generally cannot prevent an insurer from opening a claim under the vehicle you were riding in. Insurers often open claims with every policy that might provide benefits—like medical payments (MedPay) and uninsured/underinsured motorist (UM/UIM)—even when that driver is not at fault. This administrative step does not admit fault and usually does not impact the driver’s premiums unless the insurer later determines that driver was at fault and liability coverage pays because of their negligence.

Understanding the Problem

North Carolina passenger asks: Can I stop my insurer from opening a claim on the policy of the driver I was riding with when that driver appears not at fault? The insurer already opened a claim to check MedPay and UM/UIM coverage. The concern is whether that claim will hurt the driver’s coverage or premiums.

Apply the Law

Under North Carolina law, an injured passenger is typically an “insured” under the host vehicle’s policy for MedPay and UM/UIM benefits. Insurers commonly open a claim with the host driver’s carrier to verify and preserve those benefits while the at-fault driver’s liability coverage is investigated. Premium surcharges are governed by the state’s rating rules and generally apply only to at-fault accidents. If UIM may apply, North Carolina has a consent-to-settle procedure you must follow before releasing the at-fault driver. Personal injury lawsuits generally carry a three-year filing deadline, but insurance notice requirements can be much shorter.

Key Requirements

• Coverage capture: Notifying the host driver’s insurer is routine to access MedPay and UM/UIM; it does not concede fault.
• Fault drives surcharges: Premium points typically apply only if the host driver is found at fault and liability pays because of their negligence, not for MedPay or UM-only claims.
• UIM consent-to-settle: If UIM is in play, you must give the UIM carrier notice of a tentative settlement with the at-fault driver; the carrier has time to respond before you sign a release.
• Deadlines: Personal injury claims usually must be filed within three years; notice and consent steps for UM/UIM can be much sooner.
• Forum: Claims start with insurers; unresolved disputes may proceed in North Carolina District or Superior Court.

What the Statutes Say

• N.C. Gen. Stat. § 20-279.21 (Motor vehicle liability; UM/UIM) - Sets UM/UIM coverage and includes consent-to-settle rules that protect UIM rights.
• N.C. Gen. Stat. § 58-36-65 (Safe Driver Incentive Plan) - Establishes how at-fault accidents and violations can affect insurance surcharges.
• N.C. Gen. Stat. § 1-52 (Three-year limitations) - Provides the general three-year limitation period for negligence-based injury claims.

Analysis

Apply the Rule to the Facts: Because you were a passenger, the host vehicle’s policy may offer MedPay and UM/UIM. Opening a claim there is standard and does not blame that driver. If the investigation confirms the other driver is at fault, the host driver’s liability coverage should not pay, and the Safe Driver Incentive Plan typically would not assign at-fault points to the host driver from your MedPay or UM notice alone. If the at-fault driver is underinsured, you must follow UIM consent-to-settle steps before you sign any release.

Process & Timing

1. Who files: The injured passenger (or their attorney). Where: With the at-fault driver’s insurer and the host driver’s insurer (claims departments). What: Written notice of claim; request MedPay benefits if available; give UM/UIM notice if the at-fault driver is uninsured/underinsured. When: Promptly after the crash; preserve the three-year lawsuit deadline and earlier UM/UIM consent steps.
2. Insurers investigate fault and coverage, collect records, and confirm limits. MedPay benefits, if available, may process on a rolling basis; liability and UM/UIM decisions can take longer.
3. If settlement is reached with the at-fault insurer and UIM may apply, send a written “tentative settlement” notice to the UIM carrier and allow its response window before signing any release. If no settlement, file suit in the proper North Carolina court through the Clerk of Superior Court.

Exceptions & Pitfalls

• If new evidence shows the host driver was partly at fault, their liability insurer may face a claim—and that can affect surcharges.
• Do not sign a release with the at-fault insurer if UIM might apply until you complete the consent-to-settle process; skipping it can forfeit UIM benefits.
• Missing notice steps, giving broad recorded statements, or failing to document medical bills can slow or harm your claim.

Talk to a Personal Injury Attorney

If you're dealing with a passenger injury claim and an insurer opened a claim under the non-fault driver's policy, 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.