Short Answer

Yes. In North Carolina, a personal injury claim can seek payment for reasonable and necessary medical expenses caused by the accident. Insurers usually do not pay bills as they come in; those charges are resolved from settlement or a court judgment. Providers and some insurers may assert liens or reimbursement rights that must be paid from your recovery, and admissible past medical expenses are limited to amounts actually paid or still owed.

Understanding the Problem

You were hurt in North Carolina and medical bills are arriving before the claim is settled. You want to know if the at-fault party’s insurance will cover those bills and how that works. The key decision is whether a personal injury claim can include your medical expenses and who gets paid when money comes in. This page explains what costs are recoverable, how they are proven, and what to expect between treatment, settlement, and final payment.

Apply the Law

North Carolina law allows you to recover medical expenses that are reasonable, necessary, and caused by the accident. Claims are typically handled first with the at-fault insurer; if not resolved, you may file suit in North Carolina District or Superior Court based on the amount in dispute. For most injury cases, you have three years from the date of the accident to file a lawsuit. Evidence of past medical expenses is limited to amounts actually paid and amounts still owed to satisfy the bills.

Key Requirements

• Fault: Another party’s negligence caused your injuries.
• Causation: The accident caused the treatment you received.
• Reasonableness/necessity: The medical care and charges were appropriate for your injuries.
• Amounts paid or owed: Past medical expenses are shown by what was paid and what remains due, not the full sticker price if portions were written off.
• Liens/reimbursement: Providers (and some health plans) may require repayment from your settlement, and healthcare provider liens are capped.
• Contributory negligence: If you are found even slightly at fault, recovery may be barred.

What the Statutes Say

• North Carolina Evidence Rule 414 (proof of medical expenses) — Past medical expenses are limited to amounts paid and amounts necessary to satisfy outstanding charges.
• N.C. Gen. Stat. § 44-49 (Medical provider liens) — Healthcare providers can assert a lien on personal injury recoveries when they give proper notice and itemized bills.
• N.C. Gen. Stat. § 44-50 (Lien limits and priority) — Total medical provider liens are limited to no more than 50% of the recovery, with attorneys’ fees paid first.
• N.C. Gen. Stat. § 1-52 (Three-year limitation) — Most personal injury lawsuits must be filed within three years of the accident.

Analysis

Apply the Rule to the Facts: If your health insurer pays part of your bills, your recoverable past medical expenses usually reflect what was actually paid plus any balances you still owe for accident-related care. Providers who send proper notice can be paid from your settlement, but their combined liens cannot exceed 50% of the recovery after attorneys’ fees. If you lack health insurance, you can ask providers for a temporary hold or payment plan; the bills can be paid from settlement so long as you establish fault, causation, and the reasonableness of charges.

Process & Timing

1. Who files: The injured person (or their attorney). Where: Start a claim with the at-fault insurer; if needed, file suit in North Carolina District or Superior Court in the county where the defendant resides or the accident occurred. What: Notice of claim and a demand package with medical records, itemized bills, and proof of losses; if suing, a civil summons and complaint. When: File any lawsuit within three years of the accident.
2. Claim evaluation: Continue and document treatment; request itemized bills and records; notify providers of the claim and request billing holds; the insurer reviews liability, causation, and damages. This stage often takes weeks to months, depending on medical recovery and records.
3. Settlement and payout: On resolution, attorneys’ fees and costs are paid first, then valid medical liens and reimbursements are addressed (subject to statutory caps), and the balance is disbursed to you. If no settlement, the case proceeds through litigation toward judgment.

Exceptions & Pitfalls

• Contributory negligence can bar recovery entirely if you share even a small amount of fault.
• Government payers (Medicare/Medicaid) and some ERISA health plans have separate reimbursement rules that can override state lien caps.
• Gaps in treatment and missing itemized bills/records can undercut proof that your care was necessary and reasonable.
• Providers must give proper notice and itemized statements for lien rights; failing to address liens before signing a release can leave you personally responsible.
• Procedures and deadlines can change; local court practices and insurer requirements vary by county.

Talk to a Personal Injury Attorney

If you’re facing mounting medical bills after an accident and need to understand how your claim can cover them, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-313-2737.

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.