Short Answer

In North Carolina, your health insurance and any auto Medical Payments (MedPay) coverage usually pay medical bills first. The at-fault driver’s liability insurer typically pays later in a one-time settlement or judgment. If the at-fault driver has no insurance or too little, uninsured/underinsured motorist (UM/UIM) on the car you were riding in—and then your own policy—can step in. Opening a claim with the driver you rode with is routine to check MedPay/UM/UIM and does not decide fault.

Understanding the Problem

In North Carolina, you were a passenger and want to know which insurance should cover your treatment costs now and later. The decision point is: as a passenger, can you use the driver’s policy you rode with, your own auto or health insurance, or must you wait for the at-fault driver’s insurer? You also want to know whether opening a claim with the driver you rode with will affect coverage or premiums.

Apply the Law

The general rule in North Carolina is that immediate medical bills are handled by health insurance and any available MedPay; liability carriers for the at-fault driver reimburse losses later through settlement or judgment. If the at-fault driver is uninsured or underinsured, UM/UIM coverage applies, with the policy on the vehicle you occupied typically first in line, followed by your own policy and then any household policies. Disputes are resolved by negotiation or, if needed, a lawsuit in North Carolina state court; some UM claims may use policy-based arbitration. Most personal injury lawsuits must be filed within three years of the crash, and UM/UIM claims have policy notice and exhaustion requirements.

Key Requirements

• Primary payers for bills now: Use health insurance and any MedPay on the car you were in; your own auto policy and household policies may also have MedPay, subject to policy terms and limits.
• Liability pays later: The at-fault driver’s insurer usually pays in one settlement or judgment, not as bills are incurred.
• UM/UIM priority: If the at-fault driver lacks insurance or has low limits, UM/UIM on the occupied vehicle is generally primary, then your own policy, then resident family policies.
• Exhaustion/consent: UIM typically requires exhausting the at-fault driver’s liability limits and complying with consent-to-settle and notice provisions in your policy.
• Liens and reimbursement: Medical providers can assert statutory liens on third-party recoveries; public benefits and some plans may have reimbursement rights, subject to statutory caps and procedures.

What the Statutes Say

• North Carolina Gen. Stat. § 20-279.21 (Motor vehicle liability policies; UM/UIM) - Sets required auto policy provisions, including uninsured and underinsured motorist coverage.
• North Carolina Gen. Stat. § 44-49 (Medical provider liens) - Allows providers to claim a lien on liability recoveries for reasonable charges.
• North Carolina Gen. Stat. § 44-50 (Enforcement and limits of liens) - Governs how medical liens are perfected, paid, and limited from settlements.
• North Carolina Gen. Stat. § 108A-57 (Medicaid recovery from third parties) - Addresses Medicaid reimbursement from liability/UM/UIM recoveries and related limits.

Analysis

Apply the Rule to the Facts: Because you were a passenger, you can look first to MedPay on the vehicle you occupied and to your own health insurance for current bills. The at-fault driver’s insurer will not pay bills as they come in; it pays later if liability is accepted or proven. Opening a claim with the driver you rode with is normal to check MedPay and UM/UIM; it does not mean that driver is at fault. Whether premiums change depends on the insurer and policy, but non-fault claims are generally treated differently from at-fault accidents.

Process & Timing

1. Who files: Injured passenger (or your attorney). Where: Claims departments for the host driver’s insurer, your own auto insurer, and your health insurer; lawsuits, if needed, in the Superior Court for the county where the crash occurred or a defendant resides. What: Notice of claim and the insurer’s proof-of-loss requirements (accident report, medical bills/records, insurance cards). When: Give prompt notice under each policy; most injury lawsuits must be filed within three years of the crash.
2. MedPay/Health processing: Submit itemized bills and records; many MedPay claims resolve within weeks after complete documentation, but timing varies by insurer and county practices.
3. Liability/UM/UIM resolution: After treatment stabilizes, pursue settlement with the at-fault carrier; if uninsured or underinsured, give required notice to your UM/UIM carrier and, for UIM, obtain the at-fault policy limits (exhaustion) before UM/UIM pays. Final outcome is a settlement release, arbitration award (for some UM claims), or a court judgment.

Exceptions & Pitfalls

• Do not wait for the at-fault insurer to pay ongoing bills; use health insurance and available MedPay.
• Before settling with the at-fault driver, notify any UIM carrier and obtain consent if your policy requires it, or you could jeopardize UIM coverage.
• Hospitals and providers may assert liens; submit bills to health insurance to reduce charges and address liens at settlement under statutory limits.
• Public benefits (Medicaid/Medicare) and some plans may require reimbursement from settlements; their rules and caps are specific and time-sensitive.
• Be cautious with recorded statements to the at-fault insurer; your own policy may require cooperation, but you are not required to give a statement to the opposing carrier.

Talk to a Personal Injury Attorney

If you're dealing with medical bills after a North Carolina car accident and aren’t sure which insurer should pay, 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.