Short Answer

In North Carolina, you can often get interim payment through your own auto policy’s Medical Payments (MedPay) coverage, regardless of fault. If you do not have MedPay, submit bills to your health insurer and ask your chiropractor to hold the balance under a lien instead of sending it to collections. Keep itemized bills and proof of payment; once liability is resolved, you can seek reimbursement from the at-fault insurer as part of your settlement. Act promptly because insurance policies and injury claims have strict notice and filing deadlines.

Understanding the Problem

You are in North Carolina, you were hurt in a car crash, and you are paying for chiropractic care out of pocket while the liability insurer has not yet confirmed fault. You want to know how to get those bills reimbursed. The core question is: can you recover what you paid now, and how should you handle billing while the adjuster decides?

Apply the Law

Under North Carolina law, medical expenses from a crash can be recovered if they are reasonably related to the collision and properly documented. While you wait on the liability insurer, you may use first-party options (MedPay on your auto policy or your health insurance). Providers who treat accident injuries may assert a lien against any settlement, and attorneys must address valid liens before disbursing settlement funds. Most auto injury claims have firm timelines, and courts in each county handle civil filings through the Clerk of Superior Court.

Key Requirements

• Covered source of payment: Use MedPay under your own auto policy if available; otherwise, use health insurance and coordinate any reimbursements later.
• Causation and necessity: Show the chiropractic treatment was reasonably necessary because of the crash.
• Proof of charges: Keep itemized bills, records, and proof of your out-of-pocket payments.
• Lien coordination: Expect providers to assert liens on your settlement; valid liens must be addressed from settlement funds and are subject to limits.
• Timely action: Give prompt notice to your own insurer for MedPay and monitor the civil filing deadline for injury claims if liability remains disputed.

What the Statutes Say

• North Carolina Gen. Stat. § 44-49 (Medical provider liens) - lets medical providers assert a lien on personal injury settlement funds for their reasonable charges.
• North Carolina Gen. Stat. § 44-50 (Enforcement and limits) - governs how provider liens are paid from settlement proceeds and limits the amount subject to liens.
• North Carolina Gen. Stat. § 20-279.21 (Auto insurance requirements) - sets required auto coverages; many policies also offer optional Medical Payments coverage you can claim regardless of fault.

Analysis

Apply the Rule to the Facts: Because you are paying for chiropractic care now, first look to your own MedPay coverage; it can reimburse reasonable crash-related bills without waiting on fault. If you lack MedPay, submit bills to your health insurer and ask the chiropractor to hold any balance under a lien rather than send it to collections. Keep itemized invoices and receipts; when liability is accepted or the claim settles, include those amounts in your demand to the at-fault insurer and resolve any valid provider liens from the settlement.

Process & Timing

1. Who files: You or your attorney. Where: Your own auto insurer’s claims department (for MedPay) and your health insurer (for health benefits). What: Accident report, itemized chiropractic bills and records, and proof of payment; your auto insurer may have a MedPay claim form. When: Give prompt notice to your auto insurer and submit bills as you receive them.
2. Next: Ask your chiropractor to accept a letter of protection and to note a lien under North Carolina law so unpaid balances are held for settlement rather than sent to collections. Provide your attorney’s letter of representation to the provider and liability insurer.
3. Final: When liability is decided or the case resolves, your attorney submits a settlement demand including your out-of-pocket payments. After settlement, valid provider liens are paid from trust funds, and you receive the remaining proceeds.

Exceptions & Pitfalls

• No MedPay on your policy: If you declined MedPay, rely on health insurance and provider liens, then seek reimbursement from the liability insurer at settlement.
• Contributory negligence: In North Carolina, being even slightly at fault can bar recovery from the other driver’s insurer; preserve evidence and avoid statements that suggest fault.
• Lien mistakes: Ignoring provider liens can delay disbursement; make sure providers send itemized statements and that liens are resolved correctly at settlement.
• Documentation gaps: Missing itemized bills or proof of payment can delay reimbursement; save invoices, receipts, and explanation-of-benefits.
• Collections risk: If a provider won’t hold the account, ask about payment plans and keep your attorney informed to prevent credit harm while the claim is pending.

Talk to a Personal Injury Attorney

If you’re paying out of pocket for crash-related chiropractic care while an insurer decides liability, our firm can help you line up MedPay, protect your credit with provider liens, and build a clean reimbursement record. 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.