Short Answer

In North Carolina, the at-fault driver’s insurer does not have to pay medical bills as you go. To get care now, open a Medical Payments (MedPay) claim and, if needed, an uninsured/underinsured motorist (UM/UIM) claim with your own auto insurer, and ask providers to treat under a lien or letter of protection. You can also explore the state crime victims compensation program if an assault occurred. Track the typical three-year lawsuit deadline from the crash date.

Understanding the Problem

You are in North Carolina, trying to get medical treatment for your injured spouse (the injured party) without health insurance, while the insurer is not responding. The decision point is: how to secure treatment and pay initial bills now when the liability carrier won’t help. One key fact: both drivers are insured by the same auto company, which can cause delays and confusion.

Apply the Law

Under North Carolina law, liability insurers typically resolve claims in a lump sum at the end; they do not fund ongoing treatment. Immediate pathways to care include MedPay under your own auto policy, UM/UIM if the at-fault driver lacks adequate coverage, and medical provider liens or attorney letters of protection so you can treat now and pay from any settlement later. Claims are handled with your insurer’s claims department; lawsuits are filed in the county’s Superior Court. The general deadline to file a personal injury lawsuit is typically three years from the crash date; policy notice deadlines can be shorter.

Key Requirements

• Immediate coverage sources: Use your own auto policy’s MedPay (if purchased) to pay reasonable and necessary medical bills regardless of fault; consider UM/UIM if the drunk driver is uninsured or underinsured.
• No pay-as-you-go by liability carrier: The at-fault driver’s insurer usually pays only at settlement or judgment, not for ongoing treatment.
• Medical provider liens/LOPs: North Carolina allows providers to claim a lien on injury recoveries, and attorneys must honor valid liens; total lien payouts are capped to protect the patient’s net recovery.
• Forum and oversight: Open claims with your own insurer; if the insurer is unresponsive, you can file a complaint with the N.C. Department of Insurance; lawsuits are filed in Superior Court if needed.
• Core deadlines: The typical statute of limitations for injury claims is three years from the crash; policy-based notice and consent requirements (especially for UM/UIM) can be much sooner.

What the Statutes Say

• North Carolina Gen. Stat. § 44-49 (Medical provider liens) - Allows providers to assert liens on personal injury recoveries for treatment related to the injury.
• North Carolina Gen. Stat. § 44-50 (Limits and disbursement) - Caps total lien payouts and directs attorneys to distribute settlement funds accordingly.
• North Carolina Gen. Stat. § 20-279.21 (Required auto coverage; UM/UIM) - Describes required auto liability coverage and uninsured/underinsured motorist protections.

Analysis

Apply the Rule to the Facts: Your spouse lacks health insurance and the same insurer covers both drivers. Start with your own policy: open MedPay to fund initial visits and diagnostics; if the drunk driver’s liability limits are inadequate or delayed, open UM/UIM. Because the at-fault insurer isn’t paying now, ask providers to accept a lien or letter of protection so treatment can begin. Given the assault, also evaluate the state crime victims compensation program to help with medical costs.

Process & Timing

1. Who files: The injured spouse or their attorney. Where: Your own auto insurer’s claims department (North Carolina). What: Open a MedPay claim and request a UM/UIM claim number; submit the police report number, basic medical records, and any wage-loss documentation; follow your policy’s proof-of-loss requirements. When: Do this immediately; lawsuit deadlines are typically three years from the crash.
2. Next: Schedule care (primary care, orthopedics, physical therapy) and ask providers to treat under a statutory lien or letter of protection; provide accident details and your claim number. Most clinics will confirm arrangements within days; availability varies by county.
3. Final: If the at-fault/liability side stays unresponsive, file a consumer complaint with the N.C. Department of Insurance and continue your UM/UIM path. When the claim resolves, you will receive a settlement disbursement with an itemized payout honoring valid medical liens.

Exceptions & Pitfalls

• If you did not purchase MedPay, you must rely on provider liens/LOPs, public programs, or UM/UIM once liability limits are known.
• Do not accept or finalize any liability settlement without following your UM/UIM policy’s consent-to-settle requirements; missing this step can forfeit UIM benefits.
• Gaps in treatment undermine both recovery and your claim; seek prompt care even if it starts with an urgent care visit paid by MedPay or a lien.
• Because both drivers share the same insurer, request separate claim numbers and adjusters; keep communications concise and documented.
• Only valid, injury-related charges should be paid from your settlement; keep copies of bills and challenge unrelated or duplicate charges before disbursement.
• Do not miss the lawsuit deadline; shorter timelines may apply in special situations. When in doubt, file or toll timely.

Talk to a Personal Injury Attorney

If you’re dealing with denied or delayed responses, no health insurance, and urgent medical needs after a crash, our firm has experienced attorneys who can help you understand your options and timelines. Reach out 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.