Short Answer

In North Carolina, opening a claim against the driver you rode with to check Medical Payments (MedPay) or uninsured/underinsured motorist (UM/UIM) coverage generally does not raise that driver’s premiums or cancel their policy. Surcharges are driven by at-fault accidents and certain violations, not by no-fault benefits. If that driver is later found at fault and their liability coverage pays out, a surcharge may apply at renewal. Policy reviews vary by insurer, but non-fault claims typically do not add Safe Driver Incentive Plan points.

Understanding the Problem

You were a passenger in North Carolina, and the insurer opened a claim under the driver’s policy you were riding with to check MedPay or UM/UIM coverage. Your core question: will that hurt the driver’s premiums or coverage? This focuses on whether a no-fault, coverage-check or benefits claim (not alleging that driver was negligent) affects their rates or insurability.

Apply the Law

North Carolina auto insurance uses a fault-based system for liability. Rate increases follow the Safe Driver Incentive Plan, which assigns points mainly for at-fault accidents and certain convictions. MedPay and UM/UIM are either optional or required first-party protections that can pay benefits without proving the insured driver did anything wrong. Filing a no-fault claim to verify or access these benefits typically does not count as an at-fault loss for that driver. The insurer’s claims department is the main forum; lawsuits follow standard civil limits if needed.

Key Requirements

• Type of claim: MedPay and UM/UIM are no-fault benefits; liability claims require fault. No-fault benefits usually do not trigger surcharges.
• Fault determination: Premium points apply when the insured driver is found at fault under state rules; a coverage check alone does not establish fault.
• Payment source: Payments under MedPay or UM/UIM generally do not add points; liability payouts after an at-fault finding can affect renewal pricing.
• Notice and cooperation: Policies require prompt notice and cooperation with the insurer; missing these can affect coverage handling.
• Deadlines: Policy deadlines govern benefit submissions; injury lawsuits from a crash typically have a three-year limit under North Carolina law.

What the Statutes Say

• North Carolina Gen. Stat. § 20-279.21 (Motor vehicle liability; UM/UIM) - sets mandatory and optional auto coverages, including UM/UIM; MedPay is a policy-based benefit often addressed here.
• NC DOI: Safe Driver Incentive Plan (SDIP) - explains how at-fault accidents and violations can add premium points; no-fault claims generally do not.
• NC DOI: Cancellation and Nonrenewal - outlines when insurers may cancel or nonrenew policies and consumer rights.
• North Carolina Gen. Stat. § 1-52 (Three-year limitations) - general three-year period for negligence-based injury claims.

Analysis

Apply the Rule to the Facts: Here, the claim was opened to confirm MedPay or UM/UIM—not to assert that the driver you rode with caused the wreck. That type of no-fault or coverage-verification claim typically does not add SDIP points or raise that driver’s premiums. If an investigation later assigns fault to that driver and their liability coverage pays bodily injury damages, renewal pricing could be affected. Otherwise, the driver’s policy should remain in force, subject to standard underwriting and state rules.

Process & Timing

1. Who files: The passenger or the passenger’s attorney. Where: The claims department for the driver’s insurer (and your own insurer for UM/UIM or MedPay). What: Notice of claim and supporting documents (police report, medical bills for MedPay, proof of coverage for UM/UIM). When: Give notice promptly; benefit submission windows are policy-specific. Negligence lawsuits are typically within three years.
2. The insurer confirms coverages (liability limits, MedPay, UM/UIM) and investigates fault. This can take weeks depending on records and statements.
3. If benefits apply, the insurer issues payment (e.g., MedPay) or confirms UM/UIM availability. If fault is disputed, claims may continue while you preserve your legal deadlines.

Exceptions & Pitfalls

• If the driver you rode with is later found partially at fault and liability pays out, renewal premiums can be affected under SDIP.
• Missing policy deadlines for MedPay submissions can delay or reduce benefits; submit bills and records promptly.
• Do not assume UM/UIM automatically applies; it depends on policy limits and whether the at-fault driver is uninsured or underinsured.
• Multiple claims may appear on a claims history, but non-fault benefits typically do not add SDIP points; underwriting practices can vary.
• Provide accurate statements; recorded statements given without advice can create avoidable disputes about fault.

Talk to a Personal Injury Attorney

If you're dealing with a no-fault passenger claim and want to confirm MedPay or UM/UIM without harming someone’s rates, 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.