Short Answer

In North Carolina, there isn’t one statewide law that sets a single deadline for medical payments (MedPay) claims—your auto policy controls. Give your insurer prompt written notice of the crash and submit itemized medical bills and required forms as soon as you receive them. Missing policy deadlines for notice or proof of loss can jeopardize coverage. If benefits are wrongfully denied, you generally have up to three years to sue under a contract claim.

Understanding the Problem

You want to know how soon you must act to use MedPay under your North Carolina auto policy. The decision point is: when and how to notify your insurer and submit proof of your medical expenses so they get paid. Here, treatment is ongoing and no MedPay claim has been opened yet, so timing and documentation matter.

Apply the Law

MedPay is an optional, first-party benefit in many North Carolina auto policies that pays reasonable, accident-related medical expenses up to your coverage limit, regardless of fault. Deadlines are set by the policy and usually require prompt notice of the accident and timely proof of loss (itemized bills/records). The insurer’s claims department is your primary forum. If the insurer denies or fails to pay per the contract, the general three-year statute of limitations for contract actions applies.

Key Requirements

• Covered accident/person: The crash and the person seeking benefits must fall within your policy’s MedPay terms and period.
• Prompt notice: You must notify your insurer quickly, as the policy requires, and open a MedPay claim.
• Proof of loss: Submit itemized bills, medical records, and any insurer forms/authorizations within the policy’s time window.
• Accident-related, necessary care: Expenses must be reasonable, necessary, and caused by the crash, often within a policy-defined treatment period.
• Policy limits and coordination: Payments are capped by your MedPay limit and coordinated with other coverages per your policy language.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limit for contract claims) - General deadline to file a lawsuit for breach of an insurance contract.
• North Carolina Gen. Stat. § 20-279.21 (Motor vehicle liability policies) - Outlines required auto coverages; MedPay terms are set by the policy.
• North Carolina Gen. Stat. § 58-63-15 (Unfair claim practices) - Lists prohibited claim handling practices by insurers.

Analysis

Apply the Rule to the Facts: Because no MedPay claim has been opened yet, notify your auto insurer now and ask for its medical payments claim form. As treatment continues, submit itemized bills and records as you receive them to satisfy proof-of-loss requirements. Keep an eye on any policy time limits for submitting expenses. If the insurer refuses to pay in line with the policy, the three-year contract period to sue generally runs from the breach or denial.

Process & Timing

1. Who files: The insured or their attorney. Where: Your auto insurer’s claims department in North Carolina. What: The insurer’s MedPay claim form, plus itemized bills, medical records, and any required medical authorization. When: Open the claim immediately after the crash; submit bills and records as they become available and within any policy-specific proof-of-loss window.
2. Insurer review: After you provide a complete packet, the insurer evaluates coverage (accident-related, reasonable/necessary treatment, within policy time limits). Processing time varies by insurer and completeness of documentation.
3. Outcome: If approved, the insurer pays providers or reimburses you up to your MedPay limits; if denied, you should receive a written explanation you can challenge or, if necessary, litigate.

Exceptions & Pitfalls

• Waiting until treatment ends before opening a claim can miss policy notice or proof-of-loss deadlines.
• Sending summaries or statements instead of itemized bills can delay payment; provide itemized invoices and records.
• Ignoring insurer forms or medical authorizations can stall the claim.
• Assuming all care is covered; many policies limit payment to treatment received within a defined period after the crash.
• Overlooking policy limits; MedPay pays only up to your per-person limit, regardless of total bills.

Talk to a Personal Injury Attorney

If you're dealing with MedPay deadlines and ongoing treatment after a crash, our firm has experienced attorneys who can help you understand your options and timelines. Call us 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.