Short Answer

Yes. In North Carolina, once the insurer for the at-fault driver accepts liability, you can seek economic damages such as lost wages and reasonable, necessary medical expenses you paid or still owe. You must prove those losses were caused by the crash and are reasonable. North Carolina evidence rules limit recovery of medical charges to amounts actually paid or necessary to be paid, and any medical liens or health plan reimbursement claims must be resolved. The three-year deadline to sue still applies.

Understanding the Problem

You want to know whether, after the insurer accepts fault for a North Carolina car crash, you can get paid for your lost wages and out-of-pocket medical bills. Here, the at-fault driver was located, their insurer accepted liability, and you had ambulance and ER care with modest ongoing treatment. The issue is what you can recover and how to document and secure payment under North Carolina law.

Apply the Law

Under North Carolina law, once liability is accepted, you may recover economic damages that were proximately caused by the crash, including lost wages and reasonable, necessary medical expenses. Evidence of medical bills is limited to amounts actually paid or necessary to be paid. Medical providers may assert statutory liens on settlements, and some health plans (including Medicare, Medicaid, and certain government plans) have reimbursement rights that must be addressed from the recovery. If settlement isn’t reached, personal injury lawsuits are filed in the county’s Superior or District Court division depending on the amount at stake. Most negligence claims have a three-year statute of limitations.

Key Requirements

• Prove causation and reasonableness: Show the crash caused your missed work and medical treatment, and that the care and charges were reasonable and necessary.
• Document lost income: Provide employer wage verification (or tax returns/pay records if self-employed) to substantiate dates missed and income lost.
• Medical expense proof: Submit itemized bills and insurance explanations of benefits; recovery is based on amounts paid or to be paid, not just amounts billed.
• Address liens and reimbursement: Resolve medical provider liens and any health plan/Medicare/Medicaid reimbursement claims from the settlement per North Carolina law.
• Mind the filing deadline: If you cannot settle, file suit within the applicable statute of limitations (generally three years for negligence-based injury claims).

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three-year limit for negligence claims) - Sets the general three-year deadline to file a personal injury lawsuit.
• N.C. R. Evid. 414 (Medical expenses evidence) - Limits proof of medical expenses to amounts actually paid or necessary to be paid.
• N.C. Gen. Stat. § 44-49 (Medical providers’ liens) - Allows certain medical providers to assert liens on personal injury recoveries.
• N.C. Gen. Stat. § 44-50 (Lien limits and distribution) - Limits total lien recoveries and addresses distribution from settlements.

Analysis

Apply the Rule to the Facts: Because the insurer accepted fault, you can pursue lost wages and your reasonable, necessary medical expenses stemming from the crash. Your ambulance and ER bills qualify, but under North Carolina evidence rules your recovery is generally tied to amounts actually paid or still owed, not just list prices. Provide employer verification to establish lost time and pay. Finally, any provider liens or health plan reimbursements must be resolved from the settlement before funds are disbursed to you.

Process & Timing

1. Who files: The injured person (or their attorney). Where: Begin with a written settlement demand to the at‑fault insurer; if settlement fails, file a civil complaint in the appropriate North Carolina county Superior or District Court (division depends on amount in controversy). What: A civil complaint (no standard AOC form). When: File suit within three years of the crash unless a different limit applies.
2. After the insurer receives a complete demand (records, bills, wage proof, and lien information), it evaluates liability and damages and negotiates. Timelines vary, but insurers often need several weeks after receiving all documentation.
3. On settlement, liens and reimbursements are paid from the proceeds, you sign a release, and the insurer issues the settlement check. If litigated, expect pleadings, discovery, potential mediation, and either settlement or judgment.

Exceptions & Pitfalls

• Insufficient proof of wage loss can delay or reduce payment; use employer letters, payroll records, or tax returns (for self-employed).
• Health plan, Medicare, or Medicaid reimbursement rights may not follow the same limits as provider liens; unresolved claims can delay disbursement.
• Evidence of medical expenses is limited to amounts paid or owed; sending only gross “sticker price” bills can inflate demands and slow negotiations.
• Even with accepted liability, the insurer can question whether each treatment was crash-related and reasonable—keep treatment consistent and documented.
• If the at‑fault driver’s coverage is low, consider timely notice to your own insurer about potential underinsured motorist benefits to preserve rights.

Talk to a Personal Injury Attorney

If you're dealing with crash-related wage loss and medical bills after the insurer accepted fault, our firm has experienced attorneys who can help you understand your options and timelines. Call us 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.