How do I get the other driver’s insurance to pay for my medical treatment after a parking-lot crash?

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How do I get the other driver’s insurance to pay for my medical treatment after a parking-lot crash? - North Carolina

Short Answer

In North Carolina, the other driver’s insurance usually does not pay your medical providers as you treat. Instead, you typically get medical care through your own health coverage (or pay out of pocket), then seek reimbursement from the at-fault driver’s liability insurer as part of a bodily-injury settlement once your treatment and documentation are clear.

To maximize the chance of payment, you need prompt medical documentation, proof the other driver was at fault, and organized records showing your bills and how the crash caused your injuries.

Understanding the Problem

If you were hit in a North Carolina parking lot and the other driver’s insurer is involved, the real question is usually: can you make the other driver’s liability insurance pay for your medical treatment (including chiropractic care) when you have pain but have not yet seen a doctor? In most cases, the insurer will not “pre-approve” treatment or pay as you go; it evaluates your claim after it has medical records and bills tying your symptoms to the crash. Here, one key fact is that police responded and made a report, which can help document the incident.

Apply the Law

North Carolina is generally an at-fault state for car crashes. That means the other driver’s liability insurance may pay for your injury-related losses (including reasonable medical expenses) if you can show the other driver was negligent and that negligence caused your injuries. Practically, insurers usually pay medical expenses through a settlement (a one-time payment) after they review medical records, bills, and proof of fault—rather than paying your providers directly while you treat.

Also, be careful about signing releases. A property-damage settlement (for your vehicle) does not automatically release your injury claim unless the written settlement terms say it does. This matters because insurers sometimes ask for broad releases early.

Key Requirements

  • Fault (negligence): You must show the other driver caused the crash (for example, pulling out unsafely).
  • Causation: Your medical records should connect your symptoms to the collision, not to something else.
  • Reasonable and necessary treatment: The insurer typically looks for treatment that fits the injury pattern and is supported by provider notes.
  • Documentation: Bills, itemized statements, treatment notes, and any imaging/referrals help prove the amount and reason for care.
  • Consistent timeline: Getting evaluated promptly and following up consistently can reduce disputes about whether the crash caused the condition.
  • Careful settlement paperwork: A release can end your claim, so you should confirm exactly what you are settling (property damage only vs. all claims).

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because the crash involved another driver pulling out and striking your driver-side door, the key liability question is whether that driver failed to yield or keep a proper lookout. Your lower-back pain can be part of a valid injury claim, but the insurer will usually want a medical evaluation and records before it agrees the crash caused your condition and before it values medical expenses. The police report can help establish the basic facts, but it typically does not replace medical documentation of injury and treatment.

Process & Timing

  1. Who files: You (or your attorney) open a bodily-injury claim with the other driver’s liability insurer. Where: With the insurance adjuster (not a court) at first. What: A claim notice plus supporting documents (police report, photos if available, and later your medical records/bills). When: As soon as you can after the crash, and before you sign any release.
  2. Medical evaluation and documentation: Get checked by an appropriate provider and clearly describe how the crash happened and what hurts. Ask for copies of visit notes and keep a timeline of symptoms and appointments. Insurers commonly wait to discuss payment until they have records and an itemized bill history.
  3. Demand and settlement: After your condition stabilizes (or you have a clear treatment plan), you or your attorney typically sends a settlement demand with medical records, bills, and an explanation of why the other driver is responsible. If the insurer agrees, it usually issues a settlement check that you use to pay outstanding medical balances and other covered losses.

Exceptions & Pitfalls

  • “We’ll pay after we see treatment” is common: Many liability insurers do not pay providers directly while you treat; they reimburse through settlement after reviewing records.
  • Delay in treatment: Waiting weeks to get evaluated can give the insurer room to argue your back pain came from something else. If you have symptoms, get checked promptly.
  • Overbroad medical authorizations: Insurers may request broad authorizations. Narrow requests to what is reasonably related to the crash when possible, and keep copies of what you sign.
  • Chiropractic “lien” misunderstandings: A provider may agree to treat on a lien, but that does not force the insurer to pay mid-treatment. It usually means the provider expects payment from any eventual settlement.
  • Property-damage settlement confusion: If you settle vehicle damage, confirm in writing that it is property damage only unless you truly intend to settle the injury claim too. North Carolina law addresses this issue directly.
  • Fault disputes in parking lots: Parking-lot crashes can involve competing stories and unclear right-of-way. Preserve evidence early (photos, witness names, and the report number).

Conclusion

After a North Carolina parking-lot crash, the other driver’s liability insurer usually pays medical expenses as part of a bodily-injury settlement, not as treatment happens. To get the insurer to pay, you generally need proof the other driver was at fault and medical records that connect your back pain and treatment to the collision. Your next step is to open a bodily-injury claim and start documented medical evaluation promptly before signing any release.

Talk to a Personal Injury Attorney

If you're dealing with a parking-lot crash injury and the other driver’s insurer is not paying for treatment as you go, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call [CONTACT NUMBER].

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.

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