Can I get the at-fault driver’s insurer to pay for my chiropractic and physical therapy sessions?: North Carolina law explained

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Can I get the at-fault driver’s insurer to pay for my chiropractic and physical therapy sessions? - North Carolina

Short Answer

In North Carolina, the at-fault driver’s liability insurer usually does not pay your chiropractic or physical therapy bills as you go. They typically reimburse those costs in one lump sum when the claim settles, if fault and medical necessity are proven. You may be able to get earlier payment through your own auto policy’s medical payments coverage or by having providers treat on a lien to be paid from the settlement.

Understanding the Problem

You want to know if, in North Carolina, you can make the other driver’s insurer pay your chiropractor and physical therapist directly while you receive care. You are the injured claimant, you lack health insurance, and you are about to start treatment. The core decision point is whether payment can happen now versus at settlement.

Apply the Law

Under North Carolina law, liability insurers generally pay medical expenses only once—when the bodily injury claim resolves by settlement or judgment. To recover those bills, you must show the treatment was caused by the crash and was reasonable and necessary. You can also look to your own auto policy for medical payments coverage (if purchased) that can pay eligible bills before settlement. If you lack health insurance, many North Carolina providers will treat under a lien or assignment of proceeds so they are paid from the settlement under state lien rules. Claims are negotiated with insurers; if unresolved, lawsuits are filed in the county civil courts. The general deadline to file a negligence suit for bodily injury is three years from the crash.

Key Requirements

  • Fault and coverage: The at-fault driver’s liability insurer must accept responsibility and have available policy limits.
  • Causation: Your chiropractic and physical therapy must be linked to the crash.
  • Reasonableness and necessity: Treatment type, duration, and cost must be medically appropriate.
  • Proof of loss: Itemized bills and medical records are needed to document charges and diagnoses.
  • Payment channel: Upfront options typically come from your own medical payments coverage or a provider lien; liability insurers rarely pay as-you-go.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because you do not have health insurance, the at-fault insurer is unlikely to pay your chiropractor or physical therapist up front. Check your own auto policy for medical payments coverage; if you have it, submit your initial bills for prompt consideration. If you do not have medical payments coverage, ask your providers to treat under a lien or assignment so they can be paid from the settlement. The pending police report may slow the liability insurer’s decision, but you can still begin reasonable care and keep thorough records.

Process & Timing

  1. Who files: You or your attorney. Where: Open a bodily injury claim with the at-fault driver’s insurer and, if available, a medical payments claim with your own insurer. What: Provide a notice of claim, your claim numbers, and submit itemized bills and medical records; your insurer may have a medical payments claim form. When: Start immediately after your first visit; the general lawsuit deadline is three years from the crash.
  2. As treatment progresses, periodically send updated bills and records to your medical payments carrier; the liability insurer typically waits for treatment to stabilize before evaluating full value.
  3. At resolution, the liability insurer issues a single settlement payment; perfected provider liens are then satisfied from the recovery under North Carolina lien rules.

Exceptions & Pitfalls

  • North Carolina’s contributory negligence rule can bar recovery if you are found even slightly at fault; insurers may delay or deny payment on that basis.
  • Gaps or inconsistent treatment can undermine “reasonable and necessary” proof—keep appointments and follow clinical recommendations.
  • Do not sign broad medical authorizations or give recorded statements without advice; limit releases to accident-related records.
  • If using a lien, ensure providers properly perfect it and share itemized statements; unresolved balances can complicate settlement.
  • Policy-based deadlines for medical payments claims vary; ask your insurer for any required forms and time limits.

Conclusion

In North Carolina, the at-fault driver’s insurer generally does not pay chiropractic or physical therapy bills as they accrue; those charges are usually reimbursed in a single settlement if the care is crash-related and reasonable. Upfront options are your own medical payments coverage or provider treatment under a lien to be paid from recovery. Next step: open a medical payments claim with your insurer and submit your first bills now; if the claim cannot be resolved, remember the three-year lawsuit deadline.

Talk to a Personal Injury Attorney

If you’re dealing with treatment costs after a North Carolina crash and need to coordinate payment through insurance, our firm can help you understand your options and timelines. Reach out today at (919) 341-7055.

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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