What Coverage Questions Usually Mean
This situation usually comes up when an insurance company is trying to confirm who paid (or should have paid) your medical bills and whether any payer may later seek reimbursement from a settlement. The key point is accuracy: an affidavit is a sworn statement, and you do not want to lock yourself into something that turns out to be wrong.
Common Potential Sources of Payment (High-Level)
- At-fault party liability claim: This is the injury claim against the person or business alleged to have caused the accident. It is separate from health insurance.
- Health insurance: Coverage through an employer, a private plan, or a family member’s plan may have existed even if you did not have an insurance card handy.
- Public benefits: Programs like Medicaid can have specific reimbursement rules tied to injury recoveries.
- State employee coverage: Certain state-sponsored plans can have statutory subrogation/lien rights.
- Medical provider billing/lien issues: Even when health coverage exists, providers may still assert claims for unpaid balances in certain situations.
Information to Gather
- What coverage you had (and when): The plan name, the effective dates, and whether you were the subscriber or a dependent.
- Any proof you can get quickly: A benefits letter, eligibility screenshot/printout, or an insurance card image (even if it is old).
- What medical bills exist: Which providers treated you and whether bills were sent to you, to a health plan, or to another payer.
- The affidavit request itself: Save the email/fax request and the exact wording of what you are being asked to sign.
Common Coverage Disputes and Practical Next Steps
- Do not sign a sworn “no coverage” affidavit if it might be wrong. Ask the adjuster to pause that request while you confirm coverage.
- Correct the record promptly and in writing. A simple message like “I previously believed I had no health coverage, but I have since learned I may have had coverage through [type of plan]. I’m confirming details and will provide what I can” helps avoid misunderstandings.
- Understand why the adjuster cares. If a health plan or public program paid accident-related bills, it may later claim reimbursement from any injury recovery. That can affect how a claim gets resolved and how settlement funds are distributed.
- Be careful with broad authorizations. Adjusters often request medical authorizations. It is reasonable to ask what time period and what records they want, and to keep copies of what you sign.
- Know that “health insurance” is not one category. In North Carolina, reimbursement rights can depend on the source of the coverage and the governing rules for that plan. Some payers may have stronger reimbursement rights than others, and public-benefit payers often have specific statutory processes.
How This Applies
Apply to your facts: Here, the insurer asked you to sign a notarized affidavit saying you had no health insurance. If you now think you actually had coverage, the safest move is to stop the notarization/signing step and tell the adjuster you need to correct or clarify the information before you sign anything sworn. Then gather proof of coverage dates and share a written update so the claim file reflects accurate information going forward.
What the Statutes Say (Optional)
- N.C. Gen. Stat. § 108A-57 (Medicaid subrogation) – Medicaid can have subrogation and repayment rules tied to an injury recovery, with procedures and presumptions that may apply.
- N.C. Gen. Stat. § 135-48.37 (State Health Plan subrogation/lien) – The State Health Plan has statutory rights to recover certain medical payments from a liable third party recovery, subject to limits described in the statute.
- N.C. Gen. Stat. § 44-49 (medical provider liens) – North Carolina law can allow certain medical providers to assert liens on personal injury recoveries for treatment-related charges, subject to statutory requirements.
Conclusion
If you later discover you had health coverage, focus on accuracy and documentation. Do not sign a notarized statement that could be incorrect. Instead, notify the adjuster in writing, gather proof of coverage dates, and clarify who paid which bills. Because reimbursement and lien issues can affect how a claim resolves, one practical next step is to speak with a licensed North Carolina personal injury attorney before you return any sworn affidavit or broad paperwork.
