Short Answer

In North Carolina, medical payments coverage (often called “Med Pay”) is optional. To find out if you have it, review your auto policy’s Declarations Page for a line item labeled “Medical Payments” and the Med Pay endorsement. If you do not have your policy, request the Declarations Page and full policy from your insurer or agent in writing. Because policy deadlines apply, act quickly—especially if the crash happened nearly two years ago.

Understanding the Problem

You want to know, under North Carolina law, how you can confirm whether your own auto insurance includes medical payments coverage, so you can use it after a crash. You (the insured) need to identify coverage, confirm your status as an insured person under the policy, and understand any timing rules. Here, the crash was almost two years ago, so timing matters.

Apply the Law

Under North Carolina law, Med Pay is a first-party benefit under your own auto policy that typically pays reasonable and necessary medical and funeral expenses caused by an auto crash, regardless of fault, up to the dollar limit shown on your policy. The main forum is your own insurer’s claims department, not the court. Your policy controls notice, proof-of-loss, and submission deadlines; if benefits are wrongly denied, North Carolina’s general three-year contract limit to sue may apply.

Key Requirements

• Covered policy and date: Your auto policy must include Med Pay, and it must have been in force on the crash date.
• Who is insured: You must fit the policy’s definition of an insured (for example, named insured, resident family member, or an occupant of a covered auto).
• Accident-related expenses: Medical bills must be reasonable, necessary, and caused by the auto crash.
• Policy time limits: You must give notice and submit proof of loss and bills within the time limits stated in the policy.
• Coverage limit: Payment is capped at the Med Pay limit listed on your Declarations Page.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limit for contract claims) - Sets the general three-year period to bring contract actions, which can apply if a Med Pay claim is denied.
• North Carolina Gen. Stat. § 58-63-15 (Unfair claim settlement practices) - Prohibits certain insurer claim practices and supports your right to reasonable claim handling.

Analysis

Apply the Rule to the Facts: Because your crash was nearly two years ago, first confirm whether Med Pay appears on your Declarations Page and that the policy was active on the crash date. If you’re listed as an insured (or were an occupant of the covered car), gather your crash-related medical bills and records. Act fast to meet any policy deadlines for notice and proof of loss. If the insurer denies benefits, the general three-year contract timeline may become relevant.

Process & Timing

1. Who files: You or your attorney. Where: Your own auto insurer’s claims department in North Carolina. What: Request your Declarations Page and full policy (including all endorsements) and open a Med Pay claim; submit the insurer’s proof-of-loss and medical authorization forms, itemized bills, and related records. When: Do this promptly; policies often require immediate notice and set specific time windows to submit bills.
2. The insurer confirms whether Med Pay applies, states the coverage limit, and may assign a claim number. After you provide complete documentation, adjusters typically review within a few weeks, but timelines vary by insurer.
3. After review, the insurer issues payment up to the Med Pay limit or a written denial explaining the reason. Keep copies of all submissions and responses.

Exceptions & Pitfalls

• If you were a passenger, the driver’s policy might provide Med Pay even if yours does not; multiple policies can apply depending on policy language.
• Do not assume you lack coverage just because you do not see it on a card; you need the Declarations Page and policy endorsements to know for sure.
• Missing policy deadlines (for notice or proof of loss) can jeopardize benefits even if you otherwise qualify.
• Be careful with broad releases; resolving a liability claim should not unintentionally waive a first-party Med Pay claim.
• Provide complete, itemized bills; insurers commonly require coding that shows dates of service and charges.

Talk to a Personal Injury Attorney

If you’re dealing with a car crash and need to confirm and use Med Pay benefits, our firm has experienced attorneys who 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.