Short Answer

In North Carolina, insurers often open a claim on your driver’s policy to check available coverages like Medical Payments (MedPay) or uninsured/underinsured motorist (UM/UIM). That does not mean your driver was at fault. Ask the adjuster—on your driver’s policy and the at‑fault driver’s policy—for a written explanation stating which coverages are being investigated and why. Opening a claim alone generally does not trigger a surcharge; fault and payment type matter under state rating rules.

Understanding the Problem

You are a North Carolina passenger asking: can I learn why the insurer opened a claim against the driver I rode with, and what does it mean for coverage or premiums? Here, one insurer said it opened the claim to check coverage if the at‑fault driver has no insurance or MedPay. You want to know how to confirm the reason and whether this affects your driver’s rates.

Apply the Law

North Carolina policies typically include liability coverage, and many include MedPay and required UM/UIM protections. After a crash, an insurer may open a claim on the host driver’s policy to investigate MedPay for your medical bills and to preserve UM/UIM rights if the at‑fault driver is uninsured or underinsured. As a passenger claimant, you can request a written explanation of what coverages are being evaluated. Whether this affects premiums turns on whether the crash is deemed a chargeable at‑fault accident under North Carolina’s rating plan—not simply that a claim was opened.

Key Requirements

• Coverage identification: Insurers may open a claim to evaluate MedPay and UM/UIM even when your driver is not at fault.
• Written explanation: You can ask each involved insurer to confirm in writing the claim purpose (liability, MedPay, UM, or UIM) and any reservations of rights.
• Cooperation and privacy: Your driver must cooperate with their insurer; you can receive claim‑purpose information, but some policy details may require the insured’s consent.
• Fault vs. rating: Surcharges apply only if the event qualifies as a chargeable at‑fault accident under North Carolina rules; MedPay or UM/UIM payments alone do not establish fault.
• Notice to your own insurer: If UM/UIM may apply, notify your auto insurer early and before any settlement with the at‑fault carrier so your rights are preserved.

What the Statutes Say

• N.C. Gen. Stat. § 20-279.21 (Motor vehicle liability policies; UM/UIM) - Sets required uninsured/underinsured motorist protections and how those coverages apply.
• N.C. Gen. Stat. § 58-36-65 (Safe Driver Incentive Plan) - Explains when at‑fault accidents are chargeable for premium surcharges.
• N.C. Gen. Stat. § 58-63-15(11) (Unfair claim settlement practices) - Requires fair claim handling and reasonable explanations for claim decisions.

Analysis

Apply the Rule to the Facts: Because you were a North Carolina passenger and the insurer said it opened a claim to check coverage, this likely concerns MedPay for your medical bills and UM/UIM if the at‑fault driver lacks enough insurance. That does not signal fault by your driver. Ask each insurer for a written coverage explanation; this clarifies whether the claim is for liability, MedPay, UM, or UIM. A mere claim opening should not affect premiums unless the crash is classified as a chargeable at‑fault accident.

Process & Timing

1. Who files: Injured passenger. Where: Claims departments for (a) your driver’s insurer, (b) the at‑fault driver’s insurer, and (c) your own auto insurer. What: Provide notice of injury, the claim number, and request a written coverage explanation; submit any MedPay forms your driver’s insurer provides. If UM/UIM is possible, give your own insurer written notice before any settlement with the at‑fault carrier. When: Do this promptly after the crash.
2. Follow up with the assigned adjuster for each policy and ask for the coverage letter and any reservation‑of‑rights letter. Response times vary, but many insurers issue initial letters within a few weeks after they receive basic facts and records.
3. Once coverage is clarified, proceed with the appropriate claim: liability against the at‑fault driver, MedPay under applicable policies, and UM/UIM if the at‑fault driver is uninsured or underinsured. If you cannot get clarity, you can contact the North Carolina Department of Insurance Consumer Services Division for help.

Exceptions & Pitfalls

• Settling with the at‑fault insurer without timely notice to your own UM/UIM carrier can jeopardize UM/UIM benefits.
• You do not have to give a recorded statement to the other driver’s insurer; your own policy may require cooperation with your insurer.
• Insurers may limit sharing your driver’s private policy details without their consent; ask for a coverage letter that explains the claim’s purpose instead.
• Signing broad releases to obtain MedPay can waive rights; ask for limited, claim‑specific authorizations.
• Missing coordination: MedPay may exist under your driver’s policy and your own; notify all potential policies to avoid gaps.

Talk to a Personal Injury Attorney

If you're dealing with confusing insurance claims after a crash as a passenger, 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.