Short Answer

Yes. In North Carolina, the at-fault driver’s liability insurer can reimburse reasonable and necessary medical expenses caused by the crash, typically as part of a lump-sum settlement. The insurer will require proof of fault, treatment, and charges. Medical providers may assert statutory liens against your settlement, and payment is often limited by lien caps and available coverage. You generally have three years from the crash to file suit if the claim doesn’t settle.

Understanding the Problem

You want to know if the at-fault driver’s insurance can pay your hospital and chiropractic bills in North Carolina. Here, the insurer says it will reopen the claim after it receives a signed and notarized witness affidavit, and you’ve already sent some damage bills. The single decision point is whether, and how, the liability insurer will cover your accident-related medical expenses.

Apply the Law

North Carolina allows injured people to recover medical expenses that are proximately caused by the crash and are reasonable and necessary. Liability insurers usually pay those expenses as part of a settlement or judgment, not as-you-go. Hospitals, physicians, and similar providers can claim statutory liens on your recovery, and the total paid to all providers out of the settlement is capped by law. If the at-fault driver’s limits are not enough, your own MedPay and UM/UIM coverage may help. The civil court is the forum if the insurer will not resolve the claim, and the general deadline to file suit is three years from the wreck.

Key Requirements

• Liability and fault: You must show the other driver was negligent and you were not contributorily negligent.
• Causation: Your treatment (hospital and chiropractic) must be linked to the crash.
• Reasonableness/necessity of bills: Only reasonable and necessary charges are recoverable, and evidence may be limited to amounts actually paid or owed.
• Documentation: Provide itemized bills and records. Affidavits can streamline proof of medical charges.
• Liens and caps: Medical providers can assert liens on your settlement, but total provider repayment is capped so you receive a protected portion.
• Coverage sources: Liability insurance first; then consider MedPay (no-fault, optional) and UM/UIM if liability limits are insufficient.

What the Statutes Say

• North Carolina Gen. Stat. § 44-49 (Medical provider liens) - lets hospitals and similar providers claim liens on personal injury recoveries.
• North Carolina Gen. Stat. § 44-50 (Lien payment and caps) - caps how much of your recovery must go to medical liens so you keep a protected share.
• North Carolina Rule of Evidence 414 (Amounts paid vs. billed) - limits proof of past medical expenses to amounts actually paid or necessary to satisfy charges.
• North Carolina Gen. Stat. § 20-279.21 (UM/UIM coverage) - outlines uninsured/underinsured motorist coverage that can supplement limited liability insurance.

Analysis

Apply the Rule to the Facts: The insurer’s request for a signed, notarized witness affidavit goes to liability. If the affidavit supports your version, it strengthens the claim and helps avoid contributory negligence issues. Your hospital and chiropractic bills can be covered if they are crash-related and reasonable. Expect the insurer to ask for itemized bills and records; once your claim reopens, provide those so the carrier can evaluate and include them in settlement, subject to any medical liens and applicable caps.

Process & Timing

1. Who files: You (or your attorney). Where: Submit a claim to the at-fault driver’s liability insurer; if unresolved, file in North Carolina civil court where the crash occurred. What: Send a demand package with the notarized witness affidavit, itemized medical bills and records, proof of treatment dates, and property damage documentation. When: Aim to resolve or, if needed, file suit within three years of the crash.
2. Insurer review and negotiation: After receiving the affidavit and records, the adjuster evaluates fault and medical causation/charges. Response times vary by carrier; follow up every 2–3 weeks and promptly address any document requests.
3. Settlement and disbursement: If settled, you’ll sign a release. The insurer typically issues checks payable to you and, when applicable, to lienholders. Your attorney will resolve liens under the statutory caps and disburse your net.

Exceptions & Pitfalls

• Contributory negligence can bar recovery if you’re even slightly at fault; the witness affidavit may be critical.
• Gaps in treatment or inconsistent records can undermine “reasonable and necessary” proof—keep care consistent and documented.
• Provider liens reduce your take-home, but total lien repayment from your settlement is capped—negotiate and apply the cap correctly.
• Insurers rarely pay bills as they come in; reimbursement usually happens at settlement. Use MedPay or health insurance in the meantime when available.
• You cannot sue the liability insurer directly in most cases—your claim is against the at-fault driver.

Talk to a Personal Injury Attorney

If you’re dealing with crash-related hospital and chiropractic bills and an insurer that wants more documentation, our firm can help you understand your options, deadlines, and how liens affect your recovery. Call us today.

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.