Short Answer

In North Carolina, you start by suing the at-fault driver (not the insurance company) in civil court and serving them with a civil summons and complaint. You generally have three years from the crash to file a negligence lawsuit for your medical bills. You must prove the other driver’s fault, that the crash caused your treatment, and that your charges are reasonable. Fault disputes and billing rules can affect what you can recover and how you prove it.

Understanding the Problem

You want to know how to file a North Carolina lawsuit to recover unpaid medical bills from a car crash. The key decision is whether you can and should file a civil case against the at-fault driver to collect your injury-related charges. Here, the other driver’s insurer paid your vehicle damage but has not paid your medical expenses. This guide explains the steps to start the lawsuit and what the court will require.

Apply the Law

In North Carolina, personal injury cases for crash-related medical bills are negligence cases filed against the at-fault driver in the General Court of Justice. You cannot bring a direct lawsuit against the other driver’s liability insurer. The court looks for proof of fault, causation, and damages, and you typically must file within three years of the collision. Venue is usually the county where the defendant lives or where the crash occurred. After filing, you must properly serve the defendant with a civil summons and complaint under the Rules of Civil Procedure.

Key Requirements

• Fault (negligence): Show the other driver breached a duty (e.g., unsafe driving) and caused the crash.
• Causation: Link your medical treatment to the collision with records and, if needed, provider opinions.
• Damages: Prove the amount of your medical bills and that the charges are reasonable and necessary.
• Proper defendant: Sue the at-fault driver; do not sue their insurer directly.
• Deadline: File the lawsuit generally within three years from the date of the crash.
• Service: Issue a civil summons and serve the defendant correctly to start the case and keep it alive.
• Venue and amount: File in District or Superior Court based on the amount you seek; small claims may be an option for lower amounts.

What the Statutes Say

• N.C. R. Civ. P. 4 (Service of process) - How to serve the summons and complaint, with timelines to keep service valid.
• N.C. R. Evid. 414 (Medical expenses evidence) - Limits proof of past medical expenses to amounts paid or necessary to satisfy the charges.
• N.C. Gen. Stat. § 44-49 (Medical provider liens) - Gives providers a lien against personal injury recoveries for their unpaid charges.
• N.C. Gen. Stat. § 44-50 (Lien limits) - Caps combined provider lien payments from a settlement or verdict, often not more than one-third of the recovery.

Analysis

Apply the Rule to the Facts: Because the insurer will not pay your medical bills, the lawsuit would be against the other driver, not the insurer. You will need medical records and bills showing the crash caused your treatment and that charges are reasonable. File within the general three-year window from the crash. The fact you blacked out and crossed into oncoming traffic raises potential fault disputes; gather all evidence about how the crash happened to address that issue before filing.

Process & Timing

1. Who files: The injured person (plaintiff). Where: Clerk of Superior Court, General Court of Justice, in the county where the defendant resides or where the crash occurred. What: File a civil summons (AOC-CV-100) and a complaint stating negligence, causation, and your medical damages. When: Generally within three years of the crash; issue the summons at filing and arrange prompt service.
2. Serve the defendant under Rule 4 (sheriff, certified mail, or other approved methods). If not served within the initial period, timely extend service with an alias and pluries summons to avoid dismissal.
3. After service, the defendant typically has 30 days to answer (extensions are common). The case then moves to discovery and, in many counties, a court-ordered mediated settlement conference before trial.

Exceptions & Pitfalls

• Contributory negligence: In North Carolina, if you are even slightly at fault, recovery can be barred. Evaluate liability carefully before filing.
• Wrong defendant/insurer: Do not sue the liability insurer directly; name the at-fault driver (and any other legally responsible parties).
• Service missteps: Letting the summons expire without proper extension can lead to dismissal. Track service deadlines and use alias/pluries summons if needed.
• Medical bill proof: Evidence of past medical expenses is limited to amounts paid or owed to satisfy the charges. Keep EOBs, ledgers, and provider statements.
• Provider liens: Hospitals and physicians have statutory liens on your recovery. Plan to satisfy valid liens from any settlement or judgment.
• UM/UIM coordination: If the at-fault driver lacks enough insurance, you may need to involve your own UM/UIM coverage and follow notice/consent rules before settling.

Talk to a Personal Injury Attorney

If you're dealing with unpaid medical bills after a North Carolina car crash and the insurer will not respond, our firm has experienced attorneys who can help you understand your options and timelines. Reach out 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.