How can I get my treatment covered after a crash when the at‑fault car was a car‑sharing rental and I can’t reach the insurer?: Answered for North Carolina

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How can I get my treatment covered after a crash when the at‑fault car was a car‑sharing rental and I can’t reach the insurer? - North Carolina

Short Answer

In North Carolina, the at‑fault driver’s auto liability insurance is primary; when the vehicle is a car‑sharing rental, a policy tied to the car‑sharing period typically applies first. If you cannot get a response, use your own Medical Payments (MedPay) coverage and health insurance now, and open an uninsured/underinsured motorist (UM/UIM) claim with your auto insurer as a safety net. Document all treatment and give prompt written notice to your insurer. You generally have three years to file a lawsuit if needed.

Understanding the Problem

You want to know how to get your medical treatment paid after a North Carolina crash when the at‑fault vehicle was a car‑sharing rental and the insurer is not responding. As the injured passenger, you’re seeking coverage for treatment and a clear path forward if the rental platform’s insurer will not engage. You were a passenger on a North Carolina interstate.

Apply the Law

Under North Carolina law, injury claims are fault‑based. The at‑fault vehicle’s liability coverage is primary, including for permissive users. For car‑sharing rentals, coverage during the “sharing period” is typically primary through a policy associated with the vehicle or platform. If liability coverage is unavailable or nonresponsive, you can use MedPay (if on your policy) and health insurance to keep treatment moving, and you may pursue UM/UIM through your own auto policy. Lawsuits are filed in the county trial courts (District or Superior Court, depending on claim size), and most injury claims carry a three‑year statute of limitations from the crash. UM/UIM often requires timely notice and, before accepting any liability settlement, compliance with your policy’s consent procedures.

Key Requirements

  • Fault and damages: Show the other driver’s negligence caused your injuries and medical expenses.
  • Primary liability coverage: Identify the car‑sharing vehicle’s active policy for the sharing period and open a claim.
  • Backup coverage: Use your MedPay (no‑fault), health insurance, and, if needed, UM/UIM through your own auto policy.
  • Notice and cooperation: Give prompt written notice to your insurer(s); follow any consent‑to‑settle steps before taking liability limits.
  • Deadlines: File any lawsuit within three years of the crash; missing this deadline can bar your claim.
  • Liens and paybacks: Expect medical provider and certain insurer reimbursement claims to be addressed from any settlement.

What the Statutes Say

Analysis

Apply the Rule to the Facts: As a North Carolina passenger, you can claim first against the car‑sharing vehicle’s liability coverage for your hospital visit and chiropractic care. Because you cannot reach that insurer, use MedPay (if in your auto policy) and health insurance to keep treatment going, while opening a UM/UIM claim with your own insurer. The gap in care may prompt causation questions, so document symptoms and follow your provider’s recommendations to connect the treatment to the crash.

Process & Timing

  1. Who files: You (or your attorney). Where: Open claims with the car‑sharing platform’s insurer and the vehicle owner’s insurer; also open MedPay and UM/UIM claims with your own auto insurer. For lawsuits, file in the Clerk of Superior Court in the North Carolina county where the crash occurred or a defendant resides. What: Insurance claim notices; if suing, file a Complaint and Civil Summons (AOC‑CV‑100). When: Give written notice to your insurer(s) now; file any lawsuit within three years of the crash.
  2. Follow up in writing if there is no adjuster response within a few weeks. If liability coverage remains unresponsive, pursue UM/UIM evaluation with your insurer while continuing care through MedPay and health insurance.
  3. If still unresolved, serve the lawsuit and proceed with discovery. Resolution typically occurs by settlement or judgment; settlement funds then satisfy valid liens before you receive net proceeds.

Exceptions & Pitfalls

  • Coverage dispute about the “sharing period” (for example, whether the trip was active) can shift which policy is primary.
  • Do not accept a liability settlement without following your auto policy’s UM/UIM consent process; you could forfeit UIM.
  • Gaps in treatment invite arguments that your injuries are unrelated or resolved; keep consistent care and records.
  • Missed notice to your own insurer can delay MedPay or UM/UIM benefits; send written notice and keep proof.
  • Unresolved medical liens can stall final payment; gather bills and lien notices early to avoid surprises.

Conclusion

In North Carolina, the at‑fault vehicle’s liability insurance pays first, and for car‑sharing rentals a policy tied to the sharing period is typically primary. If that carrier will not respond, use MedPay and health insurance and open a UM/UIM claim with your auto insurer to protect yourself. If needed, you may sue in the proper county court. Next step: If the liability carrier remains unreachable, file a lawsuit in North Carolina before the three‑year deadline.

Talk to a Personal Injury Attorney

If you're dealing with a car‑sharing crash and nonresponsive insurers, our firm has experienced attorneys who can help you understand coverage options, notices, and deadlines. 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.

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