What should I do if the at-fault insurer accepted liability but I don’t have a claim number yet?: Practical steps in North Carolina

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What should I do if the at-fault insurer accepted liability but I don’t have a claim number yet? - North Carolina

Short Answer

In North Carolina, have your attorney ask the at-fault insurer to open a bodily injury claim and assign a claim number, then give that number to your medical providers. While you wait, use your health insurance and consider a medical payments (MedPay) claim on your own auto policy to keep bills current. Medical providers may claim a lien on your settlement, but those liens are limited by state law. Do not delay care while the insurer sets up the claim.

Understanding the Problem

You’re asking: In North Carolina, what should I do to handle medical bills and protect my injury claim when the at-fault insurer has accepted liability but hasn’t issued a claim number? Here, the ambulance provider has requested insurance details, but you’re still waiting on the bodily injury claim to be set up. The goal is to keep treatment and billing on track, prevent collections, and preserve your right to a fair injury settlement.

Apply the Law

Under North Carolina law, your bodily injury claim is typically handled through the at-fault driver’s liability insurer in a pre-suit claims process. A “claim number” is the insurer’s internal file number; it is not required for you to get care or use health insurance. Medical providers may assert liens against your injury recovery, but those liens are limited and must be handled at settlement. You may also use optional MedPay coverage on your own auto policy regardless of fault. If settlement does not occur, you must file a lawsuit in court before the legal deadline; many injury cases have a three-year limit from the crash, but exact deadlines can vary by facts.

Key Requirements

  • Open the bodily injury claim: Your attorney sends a representation letter to the at-fault insurer asking to set up the injury claim and assign a claim number.
  • Keep bills moving: Give providers your health insurance now and ask them to bill it; consider a MedPay claim on your own policy to pay early medical bills.
  • Protect liens: North Carolina allows medical liens on injury recoveries, but they are subject to limits and distribution rules at settlement.
  • Coordinate information: Provide the insurer’s name, adjuster, policyholder, and crash date; once assigned, share the claim number with providers.
  • Mind deadlines: Insurance claims are informal, but your right to sue expires if you miss the civil filing deadline; timing can vary based on the claim type.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because the at-fault insurer agreed to repair the vehicle but hasn’t issued a bodily injury claim number, your attorney should request that number immediately and confirm a named adjuster. Give the ambulance provider your health insurance now so billing continues and collections are avoided; once the claim number is assigned, share it. Ask your own auto insurer to open a MedPay claim to help pay the ambulance and hospital bills promptly. Your attorney will track provider liens and apply North Carolina’s lien limits at settlement.

Process & Timing

  1. Who files: Your attorney. Where: At-fault insurer’s claims department and your medical providers’ billing offices in North Carolina. What: Letter of representation and claim-setup request; provide accident date, insured’s name, policy number if known, and police report if available; submit your insurer’s MedPay claim form to your own carrier. When: Do this immediately; follow up with the liability insurer every 3–5 business days until a bodily injury claim number is assigned.
  2. Ask providers (ambulance, hospital) to bill your health insurance and place the account on a short administrative hold while the bodily injury claim number is issued; provide the at-fault insurer’s name and adjuster contact in the meantime.
  3. Once the bodily injury claim number arrives, confirm it in writing with the adjuster, give it to providers, and keep itemized bills/records for lien resolution at settlement.

Exceptions & Pitfalls

  • Property damage and bodily injury often use different adjusters or claim numbers—confirm both so documents go to the right file.
  • Only giving providers the liability insurer (and no health insurance) can lead to collections; ask them to bill your health plan and note a pending liability claim.
  • MedPay is optional; if you have it, notify your own insurer promptly because policies often require timely notice and documentation.
  • Provider liens are limited and must meet legal requirements; do not promise direct payment beyond what North Carolina law allows at settlement.
  • A recorded statement to the liability insurer can affect your claim; coordinate all communications through your attorney.

Conclusion

If the at-fault insurer accepted liability but hasn’t issued a claim number, have your attorney request that the bodily injury claim be opened and a number assigned, give your providers your health insurance so billing continues, and use MedPay if available. North Carolina law allows medical liens but limits what providers can take from your settlement. Next step: send a representation letter and claim-setup request to the insurer now, and track your civil filing deadline.

Talk to a Personal Injury Attorney

If you’re dealing with accepted liability but no claim number—and medical bills are coming in—our firm has experienced attorneys who can help you coordinate billing, protect your lien rights, and keep your claim on track. 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.

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