Short Answer

In North Carolina, if your health insurance stops covering treatment while your personal injury claim is still pending, you generally still have to keep up with medically necessary care—but you may need a different payment plan (like self-pay arrangements) until the case resolves. Unpaid medical bills can turn into medical liens that may have to be addressed out of any settlement funds. Your lawyer can often help you coordinate coverage options, negotiate billing, and plan for lien resolution so your case can still move forward.

Understanding the Problem

If you have a North Carolina injury claim in settlement discussions and your health insurance coverage changes, you may be asking what you can do when ongoing back-related visits and medications are no longer covered while the case is still open. This situation usually turns into a practical question about how to keep treating and how the unpaid balance will be handled if the claim later settles.

Apply the Law

North Carolina law recognizes that medical providers may have rights against the proceeds of a personal injury recovery for treatment related to the injury. Even when your health insurance stops paying, you can still treat, but the financial responsibility may shift to you (at least temporarily) unless another payer applies. If a settlement or judgment happens later, certain medical bills may attach as liens to the recovery, and your attorney generally must address valid lien notices before disbursing funds.

Separately, timing matters because personal injury cases have filing deadlines. In many negligence-based injury cases, the general statute of limitations is three years, and waiting too long can put your ability to recover at risk even if you are still treating.

Key Requirements

• Ongoing treatment still needs to be reasonable and medically connected: Your care should be tied to the injury and supported by medical records, because treatment is part of proving damages and causation.
• Medical bills may become lien claims against the settlement: If providers are not paid, they may assert a lien against any recovery for injury-related services, drugs, supplies, and similar charges.
• Proper notice and documentation can matter for lien validity: Providers typically must give your attorney notice of the lien and provide itemized statements/records when requested within the statutory framework.
• Some payers have separate reimbursement/subrogation rights: Medicaid and certain government-related plans can have statutory recovery rights that must be handled as part of settlement.
• Disbursement rules can limit “just pay me” instructions: If valid lien claims exist, your attorney may have duties about holding and paying from settlement funds before distributing the remainder.
• Do not lose track of the lawsuit filing deadline: Even if treatment is ongoing or coverage is changing, the civil filing deadline can still run.

What the Statutes Say

• N.C. Gen. Stat. § 44-49 (Medical provider lien on personal injury recovery) - Creates a lien on personal injury recoveries for certain injury-related medical charges and sets conditions tied to notice and documentation.
• N.C. Gen. Stat. § 44-50 (Duty to retain funds; limits; disbursement) - Requires retaining sufficient funds after notice of claims and limits the medical lien amount (exclusive of attorney’s fees) to a percentage of the recovery.
• N.C. Gen. Stat. § 108A-57 (Medicaid subrogation and recovery process) - Gives Medicaid subrogation rights and sets a process and deadlines to dispute the presumed Medicaid share after settlement/judgment.
• N.C. Gen. Stat. § 1-52 (Three-year limitations period for many personal injury claims) - Provides the three-year limitations rule that commonly applies to negligence-based personal injury cases.

Analysis

Apply the Rule to the Facts: Here, your health insurance changed and stopped covering ongoing visits and medications for a worsening back condition while settlement talks are underway. That usually means the treatment can continue, but the bills may shift to self-pay or another arrangement, and any unpaid balances may later be asserted as lien claims against the settlement proceeds. Because you are represented, your attorney can track which providers are asserting liens, request itemized statements/records, and plan for lien resolution so settlement distribution does not get delayed.

Process & Timing

1. Who files: Usually no “filing” is required just because coverage stops; the immediate step is administrative and contractual. Where: With the health plan and the medical providers’ billing departments in North Carolina. What: Request a written coverage/denial explanation, confirm whether prior authorization or an in-network change is the issue, and ask providers about self-pay rates or payment plans. When: As soon as you learn coverage changed, before balances grow.
2. Coordinate lien and reimbursement issues early: Your attorney can notify insurers/payers as needed, identify whether a provider intends to claim a lien, and gather the documentation that will be needed to resolve liens at settlement.
3. Protect the case deadline while treatment continues: If the claim does not settle, your attorney may need to file suit in the appropriate North Carolina trial court before the statute of limitations runs (often three years in negligence cases), even if you are still treating.

Exceptions & Pitfalls

• Assuming “no coverage” means “no treatment”: Gaps in care can create medical and case problems. If you cannot treat as originally planned, talk with your doctor and your attorney about medically appropriate alternatives and documentation.
• Surprise lien claims at the end: Providers may assert liens against the recovery. Under North Carolina’s lien statutes, notice and itemized documentation can be important, and unresolved liens can delay settlement distribution.
• Government payer rules: If Medicaid paid for any injury-related care, there are specific statutory rules and a short window after settlement/judgment to dispute the presumed Medicaid portion in court.
• Out-of-network and authorization issues: Sometimes coverage stops because of network status or lack of authorization, not because the care is “unrelated.” Fixing the administrative issue quickly can reduce out-of-pocket exposure.
• Missing the filing deadline while waiting on settlement: Settlement talks do not automatically extend the statute of limitations. If the deadline passes, you can lose leverage—or the claim entirely.

Conclusion

If your health insurance stops covering treatment while your North Carolina injury case is pending, you can usually still continue medically necessary care, but you may need to switch to self-pay or another arrangement and plan for how the bills will be handled at settlement. Unpaid medical charges can become lien claims that must be addressed from any recovery. The most important next step is to have your attorney confirm the case’s filing deadline and, if needed, file the lawsuit in the proper North Carolina court before the three-year limit runs.

Talk to a Personal Injury Attorney

If you’re dealing with treatment that is no longer covered while your injury claim is still pending, our firm has experienced attorneys who can help you understand your options, coordinate lien issues, and protect your 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.