Short Answer

Yes. In North Carolina, you can use your auto policy’s medical payments (MedPay) coverage and your health insurance, and still pursue a bodily injury claim against the at‑fault driver. The at‑fault insurer does not get a credit because your insurance paid bills. You may need to address liens or reimbursement claims from healthcare providers or certain health plans, and your policy and court deadlines still apply.

Understanding the Problem

In North Carolina, can you tap your own MedPay and your health insurance for treatment from a crash and still pursue a bodily injury claim against the at‑fault driver’s insurer? You already opened a bodily injury claim. The key is coordinating benefits so bills get paid promptly without waiving your right to recover full damages from the negligent driver.

Apply the Law

North Carolina treats MedPay as optional, no‑fault coverage you buy for your own policy. It pays reasonable medical expenses from a car crash up to your MedPay limit, regardless of who caused the collision. Your health insurance can also process claims as usual. The “collateral source” rule means the at‑fault driver cannot reduce what they owe because your MedPay or health insurance helped with the bills. However, you must handle liens and reimbursement: North Carolina law gives medical providers statutory liens on settlements, some government programs require repayment, and certain self‑funded health plans may seek reimbursement. If settlement fails, you file suit in the North Carolina General Court of Justice (District or Superior Court, based on the amount in controversy). Most personal injury lawsuits must be filed within three years of the crash.

Key Requirements

• MedPay coverage exists: Your auto policy includes MedPay and the crash‑related treatment falls within that coverage.
• Covered expenses: The bills are reasonable, necessary, and caused by the crash, within your policy’s time window for MedPay.
• Timely notice and proof: You notify your auto insurer and submit records as your policy requires.
• Liens and reimbursement managed: You resolve statutory provider liens and any valid health plan or government payor reimbursement claims from settlement funds.
• Preserve the injury claim: You settle or file a lawsuit within North Carolina’s general three‑year limit for bodily injury claims.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Limitations of actions) - Most personal injury claims must be filed within three years.
• N.C. Gen. Stat. § 44-49 (Medical provider liens) - Healthcare providers have a lien on personal injury recoveries for reasonable charges.
• N.C. Gen. Stat. § 44-50 (Payment of liens from recovery) - Sets rules for paying provider liens from settlement or judgment.

Analysis

Apply the Rule to the Facts: You confirmed MedPay exists and you already have a bodily injury claim open, so you can submit crash‑related bills to your auto insurer and also run them through your health insurance. Using MedPay and health insurance does not block your claim against the at‑fault driver; their insurer cannot reduce your damages because of your coverage. Keep receipts and medical records to satisfy policy proof requirements and to support your injury claim. Track provider liens and any health plan reimbursement so settlement funds are properly distributed, and protect your three‑year lawsuit window if negotiations stall.

Process & Timing

1. Who files: You or your attorney. Where: MedPay claim with your auto insurer; bodily injury claim with the at‑fault driver’s insurer; if needed, file suit in the North Carolina General Court of Justice via the Clerk of Superior Court. What: Submit medical bills/records and proof of loss for MedPay; for a lawsuit, file a Complaint and Civil Summons (AOC‑CV‑100). When: Notify your auto insurer promptly per your policy; generally file any bodily injury lawsuit within three years of the crash.
2. Insurers review and evaluate. MedPay decisions often follow after complete billing and records are submitted; bodily injury negotiations can take weeks or months depending on treatment and documentation. County practices and insurer timelines vary.
3. Resolution and disbursement. On settlement or judgment, liens and valid reimbursement claims are paid from proceeds, then remaining funds are disbursed to you. A release (for settlement) or judgment concludes the liability claim.

Exceptions & Pitfalls

• Contributory negligence: If you are found even slightly at fault, North Carolina law may bar recovery against the at‑fault driver.
• Health plan and government payors: Medicare, Medicaid, TRICARE, or self‑funded ERISA health plans can demand reimbursement; handle these before final disbursement.
• Provider liens: North Carolina statutes give healthcare providers liens on injury recoveries; unresolved liens can delay or reduce your net recovery.
• Policy time limits: MedPay policies often require prompt notice and proof; delays or missing documents can limit payment.
• Premature releases: Do not sign a global release that could waive claims before your injuries and liens are fully evaluated.

Talk to a Personal Injury Attorney

If you’re coordinating MedPay, health insurance, and a claim against an at‑fault driver, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today.

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.