Short Answer

Yes. In North Carolina, your own auto policy does not have to be active for you to recover medical costs from the at-fault driver’s liability insurer. If your policy was inactive, you can still pursue a claim against the driver who rear-ended you and, if needed, sue them directly. What you can recover for medical bills is guided by North Carolina’s evidence rules and any valid healthcare liens.

Understanding the Problem

You want to know if you can get your medical costs covered after a North Carolina rear-end crash when your own auto policy was inactive. The key question is whether you can make the at-fault driver (or their insurer) pay for your neck and back treatment. Here, you were stopped and got rear-ended. The answer turns on fault, proof of injury and treatment, and which insurance applies.

Apply the Law

North Carolina is a fault-based state. That means the at-fault driver (and their liability insurer) is responsible for your proven damages, including medical costs, regardless of whether your own auto policy was active. Your ability to recover depends on showing the other driver’s negligence caused your injuries, that you were not contributorily negligent, and that your treatment and bills are reasonable and related to the crash. If the other driver lacks insurance, you may still file a lawsuit against them personally and should also check for any other applicable policies (for example, a household member’s auto policy). North Carolina evidence rules limit how medical expenses are presented, generally focusing on amounts actually paid or necessary for treatment. Claims usually start with the insurer; if unresolved, you file a civil action in the county where the crash occurred, in District or Superior Court depending on the claimed amount. Most injury lawsuits must be filed within a set period from the crash date; procedures and deadlines can change, so confirm the current timeframe.

Key Requirements

• Negligence by the other driver: You must show the rear driver failed to use reasonable care and caused the collision.
• No contributory negligence: In North Carolina, if you share fault, recovery can be barred. Being stopped lawfully usually supports no fault on you.
• Causation: Medical records should connect the crash to your neck and back injuries.
• Documented damages: ER and chiropractic records, bills, and proof of payments show the nature, necessity, and cost of care.
• Available coverage or defendant: Typically the at-fault driver’s liability insurance; if absent or insufficient, consider other applicable policies or pursue the driver personally.

What the Statutes Say

• N.C. Gen. Stat. § 20-279.21 (Auto liability, UM/UIM) - Sets insurance obligations and identifies liability and uninsured coverage options.
• N.C. R. Evid. 414 (Medical expenses evidence) - Limits evidence of medical bills to amounts actually paid or necessary.
• N.C. Gen. Stat. § 44-49 (Medical provider liens) - Gives providers lien rights against personal injury recoveries.
• N.C. Gen. Stat. § 44-50 (Lien enforcement and limits) - Addresses how medical liens attach and how much must be paid from a recovery.

Analysis

Apply the Rule to the Facts: You were stopped in traffic and rear-ended, which generally supports negligence by the trailing driver and no fault on you. Your inactive policy means you likely cannot use your own MedPay or UM, but you can pursue the at-fault driver’s liability coverage for your ER and chiropractic care if you prove the crash caused those injuries. Your recoverable medical expenses will be evaluated under North Carolina’s evidence rules, and any valid medical liens may need to be resolved from the recovery.

Process & Timing

1. Who files: The injured person or their representative. Where: Open a third-party bodily injury claim with the at-fault driver’s insurer; if needed, file a civil Complaint with the Clerk of Superior Court in the county of the crash. What: Provide the crash report, photos, medical records/bills, and proof of lost time. When: Start the claim promptly; lawsuits must be filed within the general personal-injury limitations period measured from the crash date.
2. Investigation and negotiation: The insurer evaluates fault, injuries, and bills (often focusing on amounts paid/necessary). This can take weeks to months; timing varies by county, providers, and records gathering.
3. Resolution: If negotiations fail, proceed with litigation, discovery, and either settlement or trial. A judgment or settlement resolves payment and any valid liens.

Exceptions & Pitfalls

• Contributory negligence: Any fault assigned to you can bar recovery; maintain proof you were fully stopped and obeying traffic laws.
• Coverage gaps: If the at-fault driver is uninsured/underinsured and your own policy was inactive, check for other applicable policies (household member, employer vehicle) before assuming there is no coverage.
• Medical proof issues: Delays in treatment, large gaps, or inconsistent histories can undercut causation; keep records consistent.
• Evidence of medical bills: Expect focus on amounts paid or necessary under North Carolina evidence rules; keep EOBs and provider records.
• Liens and reimbursement: Providers and some insurers may assert liens; resolve them correctly to avoid post-settlement problems.
• Recorded statements/releases: Be cautious with broad medical authorizations or statements to insurers that go beyond the crash and related care.

Talk to a Personal Injury Attorney

If you’re dealing with medical bills after a rear-end crash and your own policy was inactive, our firm can help you identify coverage, value your claim, and meet deadlines. Reach out today. Call (919) 341-7055 or email us to get started.

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.