Short Answer

In North Carolina, you can claim reasonable, necessary medical expenses caused by the crash, including future care, as long as you document them and present them to the at-fault insurer or, if needed, in court. Use your health insurance and any Medical Payments (MedPay) coverage to keep bills current, and track every bill, balance, and payment. Providers and benefit programs may have lien or reimbursement rights, which must be resolved from any settlement.

Understanding the Problem

You want to know how to make sure every treatment expense related to your North Carolina auto accident is counted in your injury claim. The injured person is you; the action is to include all accident-related medical costs; the timing is now, while treatment and billing are ongoing. One key fact here is that your physical therapy provider expects payment for ongoing sessions while you are still deciding how to handle the bills.

Apply the Law

North Carolina allows you to recover the reasonable, necessary medical expenses caused by the at-fault driver. That includes hospital and doctor bills, physical therapy, prescriptions, medical devices, and, when supported, future care. To be recoverable, expenses must be tied to the crash and shown with competent proof (itemized bills, records, and proof of amounts paid or still owed). Providers and certain insurers can assert lien or reimbursement rights that are typically resolved from your settlement. You generally present the claim to the at-fault insurer; if a fair resolution is not reached, a lawsuit must be filed within North Carolina’s standard personal-injury deadline (often three years from the crash, but specific citations vary by sub-issue).

Key Requirements

• Causation: Show the treatment is for injuries caused by the crash, not unrelated conditions.
• Reasonableness & necessity: Medical charges and care must be medically necessary and reasonably priced.
• Proof of amounts: Keep itemized bills, records, and proof of payments/adjustments to establish what was charged, paid, and still owed.
• Coordination of benefits: Use health insurance and MedPay when available; expect potential reimbursement from your settlement.
• Lien management: Track medical provider liens and statutory reimbursement claims (e.g., Medicaid); resolve them from settlement as required by law.
• Timely action: Present the claim promptly and, if needed, file suit within North Carolina’s applicable limitation period.

What the Statutes Say

• North Carolina Gen. Stat. § 44-49 (Medical provider lien notice) - Allows licensed medical providers to claim a lien on injury recoveries if they give proper notice and itemized charges.
• North Carolina Gen. Stat. § 44-50 (Enforcement and limits) - Addresses enforcement, priority, and limits on how much of a recovery may be used to pay medical liens.
• North Carolina Gen. Stat. § 8-58.1 (Proof of medical expenses) - Provides a method to prove medical expenses with affidavits and itemized statements.
• North Carolina Gen. Stat. § 108A-57 (Medicaid lien/reimbursement) - Establishes Medicaid’s right to reimbursement from settlements and related procedures.

Analysis

Apply the Rule to the Facts: Your physical therapy is a recoverable medical expense if it is reasonable, necessary, and caused by the crash. Use your health insurance and any MedPay to keep balances current and avoid collections; document every charge and payment. Ask your provider to bill your health insurer and, if needed, note a lien on your injury claim rather than demanding full payment now. Before settlement, gather final itemized balances and address any provider or program reimbursement claims as North Carolina law requires.

Process & Timing

1. Who files: You (or your attorney). Where: Present a claim to the at-fault driver’s insurer; if no fair resolution, file a civil complaint in the county’s Superior Court (through the Clerk of Superior Court). What: Provide itemized medical bills, records, and proof of payments/adjustments; open a claim with your own auto insurer for MedPay if you have it. When: Start immediately; lawsuits generally must be filed within North Carolina’s standard personal-injury deadline (often three years from the crash).
2. During treatment, have providers submit bills to your health insurer and MedPay. Keep a running ledger of dates of service, providers, billed amounts, amounts paid by insurance, adjustments, and remaining balances. Request itemized statements and explanation of benefits (EOBs).
3. Before settlement, request final lien/balance statements from providers and any benefit programs with reimbursement rights (e.g., Medicaid). After settlement, the funds are typically applied to fees/costs and then to valid liens/reimbursements within statutory limits, with the remainder disbursed to you.

Exceptions & Pitfalls

• Gaps in treatment or missed appointments can undermine “necessity” and reduce what the insurer will count.
• Some plans (e.g., Medicaid or certain self-funded ERISA plans) have strict reimbursement rights; failure to address them can delay or jeopardize settlement disbursement.
• Providers who refuse to bill health insurance may still assert a lien; ask for itemized bills and provide claim details to avoid collections while the claim is pending.
• Signing broad medical authorizations to the insurer can expose unrelated history; limit authorizations to relevant providers and dates.
• Not tracking adjustments and write-offs can lead to overstating charges; keep proof of amounts actually paid and still owed.

Talk to a Personal Injury Attorney

If you're dealing with ongoing medical bills after a North Carolina car accident and want every legitimate expense counted, 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.