Short Answer

In North Carolina, the at-fault driver’s liability insurer pays only for losses you can prove were caused by the crash, up to its policy limits, and usually by settlement or court judgment—not by pre-approving care. To protect coverage, promptly open a claim, follow your doctors’ orders, document all treatment and costs, and get medical opinions tying your injuries and future therapy to the wreck. Use your health insurance and any available medical-payments or underinsured motorist coverage. Watch the three-year lawsuit deadline.

Understanding the Problem

You want to know how, under North Carolina personal injury law, you can make the at-fault driver’s insurance pay for your medical treatment now and your future therapy later. The key decision point is whether you can prove the crash caused your injuries and that your treatment and future care are medically necessary. Here, an MRI is already scheduled after the ER visit and initial therapy. This article explains the steps and proof you need, and what insurance coverage can apply.

Apply the Law

Under North Carolina law, you recover medical costs and future care from the at-fault driver’s liability insurer by proving fault, causation, and the reasonableness and necessity of the medical care, all within the policy’s limits. Your claim is first handled with the insurance company; if it does not resolve, you may file a lawsuit in the county where the crash happened or where the defendant lives. A separate claim may also exist under your own policy for medical payments coverage and for uninsured/underinsured motorist coverage. The general deadline to file a personal injury lawsuit is three years from the crash.

Key Requirements

• Fault: Show the other driver’s negligence caused the crash.
• Causation: Link your injuries to the crash with medical records and provider opinions.
• Reasonable, necessary care: Provide bills and records showing treatment was appropriate; keep consistent treatment.
• Future medicals: Obtain a doctor’s statement that future therapy is reasonably certain and outline frequency, duration, and cost.
• Coverage identification: Confirm the at-fault policy limits; check your own medical-payments and UM/UIM coverages.
• Liens and subrogation: Resolve medical provider and program liens from any settlement to avoid payment problems.
• Timeliness: Preserve claims within the three-year limitations period; give your UM/UIM insurer notice and obtain consent before any release.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52(16) (Three-year limit for injury claims) - Sets the general three-year deadline to file a personal injury lawsuit.
• North Carolina Gen. Stat. § 20-279.21 (Auto liability and UM/UIM coverage) - Describes minimum liability coverage and uninsured/underinsured motorist coverage.
• North Carolina Gen. Stat. § 44-49 (Medical provider liens) - Allows certain providers to claim payment from personal injury recoveries.
• North Carolina Gen. Stat. § 44-50 (Lien limitations and distribution) - Caps how much of your recovery must go to perfected medical liens.

Analysis

Apply the Rule to the Facts: Your ER visit, imaging, and therapy create a record that ties your chest, wrist, rib, and knee injuries to the crash. Ask your orthopedist to state in writing that the MRI and continued therapy are medically necessary because of the wreck and to outline expected duration and cost. Use your health insurance to keep treatment moving, and make a separate claim for any medical-payments coverage under your auto policy. Notify your UM/UIM insurer early and get written consent before signing any release with the at-fault insurer.

Process & Timing

1. Who files: The injured person (or their attorney). Where: Open claims with the at-fault auto insurer and your own insurer (for medical-payments and UM/UIM). If suit is needed, file in North Carolina District or Superior Court where the crash occurred or the defendant resides. What: For court, file a Complaint and Civil Summons (AOC-CV-100) available on nccourts.gov. When: File any lawsuit within three years of the crash.
2. Gather and send records: ER report, imaging, therapy notes, bills, and a physician opinion on causation and future care. Insurers typically review within weeks, but timing varies. Continue treatment as prescribed.
3. Settlement or suit: Once treatment stabilizes or your doctor estimates future care, send a demand package. If you settle, resolve all liens before disbursement. If not, proceed with litigation; serve the defendant through the Sheriff or other permitted methods.

Exceptions & Pitfalls

• Policy limits: If the at-fault limits are low, you may need your UM/UIM coverage to reach future therapy costs—give notice and obtain your UM/UIM insurer’s written consent before any release.
• Speculative future care: Insurers do not pay for “maybe” treatment; get a clear provider opinion that future therapy is reasonably certain, with estimated frequency and duration.
• Gaps in treatment: Skipped appointments or long gaps can undermine causation and necessity—follow your care plan or explain any gaps.
• Recorded statements: Be cautious; limit statements to facts, and do not guess about injuries or timelines.
• Liens and subrogation: Hospitals, doctors, and certain programs may have liens; unpaid liens can delay settlement. Know the statutory caps and negotiate where appropriate.
• Evidence of bills: Keep all bills and insurance explanations of benefits; North Carolina focuses on amounts necessary to satisfy medical charges, not just amounts originally billed.

Talk to a Personal Injury Attorney

If you’re dealing with crash-related medical treatment now and need coverage for future therapy, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call us at (919) 341-7055 or email intake@piercelaw.com to get started.

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.