Short Answer

Yes. In North Carolina, you can claim reasonable and necessary transportation costs to get medical care for your injury, including mileage, parking, tolls, rideshares, and medical transport, if they were caused by the at-fault party. You need proof, such as a mileage log and receipts, and the amount must be reasonable. Insurers may dispute portions or apply reductions based on what was actually paid or still owed and any medical liens may be paid first from your settlement.

Understanding the Problem

In North Carolina, can you recover your mileage and transportation costs to medical appointments as part of a third-party personal injury claim while you are in settlement talks? You are the injured person seeking reimbursement, and the insurer has already accepted some transportation costs during negotiations.

Apply the Law

Under North Carolina personal injury law, recoverable damages include out-of-pocket expenses that are reasonably necessary to diagnose or treat injuries caused by the at-fault party. Transportation to and from medical appointments can qualify if the trips and amounts are reasonable and linked to the injury treatment. There is no fixed statewide “tort rate” for mileage; reasonableness is shown through documentation (miles driven, appointment dates, parking/tolls, ride receipts). Evidence rules focus on what was actually paid or still owed for medical expenses; liens may attach to settlement funds and must be resolved from the recovery. Claims are typically asserted with the liability insurer pre-suit or, if necessary, proven in court.

Key Requirements

• Negligence caused the injury: The other party’s fault led to the need for treatment.
• Medical care was necessary: The appointments were to diagnose or treat the injury.
• Transportation was reasonably necessary: Trips were to and from medical providers or pharmacies for prescribed care.
• Amounts are reasonable: Use actual fares/receipts or a consistent mileage log at a reasonable rate with parking/toll proof.
• Proof of payment/obligation: You can show what you paid or still owe; no double recovery.
• Liens resolved from recovery: Valid provider or hospital liens may be paid from the settlement before you receive funds.

What the Statutes Say

• N.C. R. Evid. 414 - In personal injury cases, juries hear the amounts actually paid or still owed for medical bills.
• N.C. Gen. Stat. § 44-49 - Allows medical providers to assert liens on injury recoveries for reasonable charges.
• N.C. Gen. Stat. § 44-50 - Sets lien priorities and limits; liens are paid from the injury recovery.
• N.C. Gen. Stat. § 8-58.1 - Itemized medical bills can be used as prima facie evidence of reasonableness.

Analysis

Apply the Rule to the Facts: The insurer already accepted some transportation costs, which supports that your trips were tied to medical care. To recover the rest, you will need to show the trips were for necessary treatment, the amounts are reasonable (e.g., mileage log plus parking/toll or ride receipts), and that you paid or still owe them. Because you were self-pay, the insurer may limit amounts to what is actually owed and will account for any valid hospital lien before issuing net funds.

Process & Timing

1. Who files: The injured person or their attorney. Where: Submit your mileage log and transportation receipts to the liability adjuster; if suit is needed, file a civil complaint with the Clerk of Superior Court in the North Carolina county where the defendant resides or where the accident occurred. What: Pre-suit demand package with medical records/bills, lien information, and a dated mileage/receipt packet. When: Provide documentation before settlement; most personal injury lawsuits must be filed within three years of the injury in North Carolina.
2. Insurer review and negotiations: The adjuster evaluates reasonableness and may request clarifications or proof; responses often occur in weeks but can vary by carrier and county.
3. Resolution: Upon settlement or judgment, valid liens are paid from the recovery, then remaining transportation costs and other damages are disbursed according to the settlement statement or court order.

Exceptions & Pitfalls

• Different systems: Workers’ compensation has its own mileage rules and reimbursement rates; those do not control a third-party liability claim.
• Reasonableness limits: Detours, non-medical errands, or premium ride options without medical need may be denied.
• Documentation gaps: No mileage log, missing dates/provider names, or no receipts for parking/tolls and rides can lead to reductions.
• Self-pay/discount issues: If a provider reduces or writes off charges, recoverable amounts may be limited to what you actually owe.
• Lien traps: Hospital or provider liens may reduce your net recovery if not identified and addressed during settlement.

Talk to a Personal Injury Attorney

If you’re dealing with an injury claim and want to recover mileage and transportation costs, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call (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.