Short Answer

In North Carolina, you can claim your hospital bills as part of your damages if the treatment was reasonable, necessary, and caused by the crash. By law, proof of past medical expenses is limited to amounts already paid and the amounts needed to satisfy unpaid bills. Gather itemized hospital bills and records, address any provider liens, and present them to the at-fault insurer or, if needed, the court. Most injury lawsuits must be filed within three years, so track your deadline.

Understanding the Problem

In North Carolina, how do you include unpaid hospital bills in a personal injury claim when you have no health insurance? The injured person needs to show the hospital charges were caused by the crash and are reasonable and necessary, then present those bills properly to the insurer or court. The question matters because getting this right determines whether those charges are paid as part of your injury case.

Apply the Law

North Carolina lets injured people recover medical expenses that are reasonably necessary and caused by the incident. For proof at trial, the law limits evidence of past medical expenses to amounts already paid and the amounts needed to satisfy unpaid bills (not sticker prices that no one will pay). Medical bills and records can be presented through itemized statements and affidavits from the provider or custodian of records. Hospitals and certain providers have statutory liens against settlement or judgment funds, and those liens must be handled before money is disbursed. Claims are usually negotiated with the at-fault insurer first; if unresolved, you file in the General Court of Justice (District or Superior Court, depending on the amount). Most personal injury cases have a three-year deadline to sue, but specific deadlines can vary by issue.

Key Requirements

• Causation: The hospital treatment must relate to injuries from the crash.
• Reasonableness and necessity: The charges and care must be medically appropriate for your injuries.
• Amount recoverable: You may present the amounts already paid and the amounts required to satisfy the unpaid bill (not write-offs).
• Proper proof: Use itemized bills, medical records, and, when needed, provider or records-custodian affidavits.
• Liens addressed: Resolve hospital and provider liens from any settlement or judgment within statutory limits.
• Timely filing: Track the general three-year deadline to file suit in North Carolina negligence cases.

What the Statutes Say

• N.C. R. Evid. 414 (Proof of Medical Expenses) - Limits evidence of past medical expenses to amounts paid and amounts needed to satisfy unpaid bills.
• N.C. Gen. Stat. § 8-58.1 (Medical Bills as Evidence) - Allows medical bills to be admitted to show reasonableness and necessity when properly presented.
• N.C. Gen. Stat. § 44-49 (Provider Liens) - Gives medical providers a lien on personal injury recoveries for reasonable charges with proper notice.
• N.C. Gen. Stat. § 44-50 (Lien Limits) - Caps total provider liens to a portion of the recovery after attorney’s fees are paid.

Analysis

Apply the Rule to the Facts: A rear-end collision with ongoing back pain and hospital x-rays supports causation and the need for treatment. With no health insurance, the amount needed to satisfy the unpaid hospital bill may be the provider’s collectible balance, which is admissible under the rule limiting proof of medical expenses. Itemized bills and records can establish reasonableness and necessity, and a hospital lien will need to be resolved from any settlement. If the insurer denies liability, you can file suit and present this proof in court.

Process & Timing

1. Who files: The injured person. Where: Start with a claim to the at-fault insurer; if no resolution, file in the General Court of Justice (District or Superior Court) in the North Carolina county where the crash occurred or the defendant resides. What: Send a demand package with an itemized hospital bill, medical records, wage-loss documentation, photos, and any police report or video; in litigation, use medical expense affidavits and records. When: Aim to present a complete claim as soon as treatment stabilizes; most lawsuits must be filed within three years.
2. After filing a claim: The insurer investigates liability and damages. If liability remains denied, prepare the complaint, serve the defendant, and engage in discovery to prove causation, reasonableness, necessity, and the amount needed to satisfy the hospital bill.
3. Resolution and payment: Upon settlement or judgment, satisfy valid provider liens within statutory limits before funds are disbursed. Obtain written confirmations and releases.

Exceptions & Pitfalls

• Contributory negligence: If you were even slightly at fault, North Carolina’s contributory negligence rule can bar recovery; evidence like a police report or dashcam can be important.
• Sticker-price trap: Courts limit proof to amounts paid and amounts needed to satisfy unpaid bills; do not rely on inflated gross charges that no one will pay.
• Missing proof: Failing to get itemized bills, records, or necessary affidavits can delay or reduce recovery.
• Lien mistakes: Ignoring hospital or provider liens risks double payment or delayed settlement; address lien notices and negotiate within statutory caps.
• Gaps in treatment: Stopping care too soon or long gaps can undermine causation and necessity.

Talk to a Personal Injury Attorney

If you're dealing with unpaid hospital bills after a crash and an insurer denying liability, 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.