Short Answer

In North Carolina, a pedestrian hit by a vehicle can typically seek compensation for past medical bills (like the ER visit, imaging, and follow-up care) and for reasonably expected future medical care (like ongoing physical therapy), as long as the driver’s negligence caused the injuries. You can also usually seek related losses tied to treatment, such as lost wages if you cannot work while you recover. If Medicaid paid some bills, that does not automatically eliminate your claim, but it can create repayment (subrogation) issues that must be handled correctly in any settlement or judgment.

Understanding the Problem

If you were hit by a vehicle in North Carolina, can you make the driver (or their insurer) pay for your ER care and the physical therapy you still need, even if you have Medicaid and you went to the ER the same day?

Apply the Law

Under North Carolina personal injury law, the goal of compensation (“damages”) is to repay you for losses caused by someone else’s negligence. For medical treatment and ongoing therapy after a pedestrian crash, the core issues are (1) proving the driver was legally at fault, (2) proving your medical care was caused by the crash, and (3) proving the care was reasonable and necessary, including future treatment that is likely to be needed. Claims are usually handled through an insurance claim first and, if needed, a lawsuit filed in North Carolina state court. In most negligence-based injury cases, the general filing deadline is three years from when the claim accrues.

Key Requirements

• Fault (negligence): You must show the driver failed to use reasonable care and that failure caused the collision.
• Medical causation: Your ER visit, imaging, and therapy must be tied to injuries from the crash (not an unrelated condition).
• Reasonable and necessary care: The treatment must make medical sense for the injury, and the charges must be reasonable for the services provided.
• Future care support: Ongoing therapy or future treatment usually needs support from medical records and, often, a provider’s opinion about what care is likely needed and why.
• Documentation: Bills, records, therapy notes, work restrictions, and wage documentation help prove both the need for care and the amount of loss.
• Medicaid repayment rules: If Medicaid paid for crash-related care, the State may have subrogation rights that must be addressed when money is recovered.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three years) - Sets a three-year limitations period that commonly applies to negligence-based personal injury claims.
• N.C. Gen. Stat. § 108A-57 (Medicaid subrogation) - Gives the State subrogation rights for Medicaid payments and sets presumptions and timing rules for resolving the Medicaid claim after a settlement or judgment.
• N.C. Gen. Stat. § 44-49 (Medical provider liens) - Creates a lien right for certain medical providers on personal injury recoveries and includes notice and itemization requirements.
• N.C. Gen. Stat. § 1-139 (Contributory negligence burden) - Places the burden of proving contributory negligence on the party asserting that defense.

Analysis

Apply the Rule to the Facts: Here, you have a same-day ER visit after being hit as a pedestrian, plus imaging and physical therapy, which helps connect the treatment to the crash. If the driver’s negligence caused the collision, you can generally pursue compensation for the medical care you already needed and for therapy you will likely need going forward, as long as your medical records support that the treatment is related and medically necessary. Because you have Medicaid, you also need to plan for how Medicaid’s subrogation claim will be handled if you recover money.

Process & Timing

1. Who files: The injured pedestrian (or their attorney). Where: Often starts as an insurance claim; if a lawsuit is needed, it is typically filed in the North Carolina state trial court (Superior Court or District Court, depending on the case). What: A claim package (medical records/bills, proof of lost time from work, and a demand) and, if necessary, a civil complaint. When: Many cases begin as soon as medical records exist, but you generally must file any lawsuit within three years of when the claim accrues.
2. Build the medical proof: Collect ER records, imaging reports, physical therapy evaluations, and work restrictions. If ongoing therapy is expected, ask your provider to document the expected duration and goals of treatment.
3. Address liens and subrogation before final payout: Before a settlement is finalized and funds are distributed, identify whether Medicaid and any providers assert repayment rights, then resolve them as part of the settlement closing process.

Exceptions & Pitfalls

• Contributory negligence risk: North Carolina follows contributory negligence rules, which can bar recovery if the defense proves you were also negligent and that negligence contributed to the crash. This makes early fact-gathering (witnesses, scene evidence, and the crash report) important.
• Gaps in treatment: Long breaks in care can give the insurer an argument that the crash did not cause the ongoing symptoms or that therapy was not necessary. If you must pause treatment, document why (for example, scheduling or referral delays).
• Future therapy must be supported: Claims for ongoing therapy are stronger when your records explain why it is needed and what it is expected to accomplish, rather than just listing visits.
• Medicaid subrogation handled late: Settling without confirming the Medicaid claim amount and the statutory process can delay distribution and create disputes about what must be repaid.
• Provider lien notices: Some providers may assert liens; failing to identify and address them can complicate settlement closing.

Conclusion

In North Carolina, after being hit by a vehicle you can generally seek compensation for crash-related medical treatment you already received (ER care, imaging, and therapy) and for reasonably expected future care like ongoing physical therapy, as long as you can prove the driver’s negligence caused your injuries and the treatment is reasonable and necessary. Most negligence injury cases have a three-year deadline to file suit. A practical next step is to gather your medical records and bills and start the claim process early so you can file within the deadline if needed.

Talk to a Personal Injury Attorney

If you're dealing with medical bills and ongoing therapy after being hit by a vehicle, our firm has experienced attorneys who can help you understand your options, document your treatment needs, and track important 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.