Short Answer

Yes. A covered person may generally pursue medical payments coverage and underinsured motorist coverage after the same North Carolina car accident because they address different insurance obligations. However, eligibility, payment calculations, and possible credits depend on the policy language, the policy date, payments from the at-fault driver’s insurer, and whether the required UIM procedures are followed.

Why MedPay and UIM Are Separate Claims

Medical payments coverage, often called MedPay, is first-party automobile insurance coverage. It generally pays covered accident-related medical expenses up to the applicable policy limit without requiring you to prove that another driver was negligent. The policy determines who qualifies as an insured, which expenses qualify, when those expenses must be incurred, and what documents must be submitted.

Underinsured motorist coverage, commonly called UIM coverage, serves a different purpose. It may provide compensation when an at-fault driver’s bodily injury liability insurance is insufficient to cover the injured person’s legally recoverable damages. Those damages may include supported medical expenses, lost income, pain and suffering, reduced earning ability, and other accident-related losses.

Because the coverages perform different functions, opening or pursuing a MedPay claim does not ordinarily prevent you from also giving notice of a UIM claim. The two claims may be handled under separate coverage sections, claim numbers, or insurance representatives, even when the same company provides both coverages.

Does Receiving MedPay Reduce a UIM Claim?

Making both claims does not necessarily mean the insurer must pay twice for the same element of loss. The answer can depend on the policy’s effective date, its approved language, and the version of North Carolina law governing the coverage.

For coverage governed by the version of N.C. Gen. Stat. § 20-279.21 effective July 1, 2025, the statute states that applicable UIM coverage is not reduced by a setoff or credit against other coverage, except for workers’ compensation as addressed in the statute. Policies and claims governed by earlier law may involve different calculations or policy provisions.

That is why the declarations page, full policy, endorsements, issuance and renewal dates, accident date, and payment history should all be reviewed. An insurer should also be told about MedPay payments when evaluating the UIM claim so that the calculation can be addressed openly rather than discovered late in the process.

What Must Be Shown for Each Coverage?

For a medical payments claim

The insurer will usually request documents showing that the claimant is covered, the medical care relates to the accident, and the expenses fall within the policy’s terms. A submission commonly includes:

• The declarations page and relevant MedPay endorsement.
• The accident date, location, and claim number.
• Itemized medical bills rather than balance-only statements.
• Medical records or visit summaries connecting the care to the collision.
• Health insurance explanations of benefits, when relevant.
• Proof of payment if reimbursement is requested for an expense already paid.

MedPay may involve coordination with medical providers, health insurance, Medicare, Medicaid, or another benefit program. Some payers may have reimbursement rights, and Medicare generally treats automobile medical payments coverage as no-fault coverage that should pay before Medicare. The recipient and destination of a MedPay payment can therefore matter.

For an underinsured motorist claim

A UIM claim generally requires evidence that the other driver was legally responsible, that the claimant sustained compensable damages, and that the at-fault driver’s liability coverage is insufficient. North Carolina law generally requires the applicable liability coverage to be exhausted by payment or tender before UIM coverage applies, although a UIM insurer may choose to pay earlier.

A UIM demand package commonly includes:

• The crash report, photographs, witness information, and other evidence of fault.
• Medical records, itemized bills, and an organized treatment timeline.
• Employment or income documentation for a supported lost-income claim.
• Proof of the at-fault driver’s liability limits and any settlement tender.
• A list of liability, MedPay, health insurance, or other payments already made.
• A clear explanation of the injuries, recovery course, and remaining supported losses.

Fault Still Matters to the UIM Portion

Unlike MedPay, UIM coverage generally depends on whether the injured person is legally entitled to recover damages from the underinsured driver. That makes liability defenses important.

North Carolina allows contributory negligence as a defense. If the defense proves that the injured person’s own negligence helped cause the crash or injury, it can create serious problems for the UIM claim. Under N.C. Gen. Stat. § 1-139, the party raising contributory negligence generally has the burden of proving it.

A UIM submission should therefore address both what the other driver did wrong and why the injured person acted reasonably. The MedPay claim may not require that same showing of fault, although all applicable coverage conditions still matter.

Protect the UIM Claim Before Settling With the Other Insurer

A person pursuing UIM benefits should not assume that accepting the at-fault driver’s policy limits and signing a release is only an administrative step. North Carolina law includes a notice-and-advance procedure intended to protect the UIM carrier’s potential rights against the underinsured driver.

Before finalizing the liability settlement, the UIM carrier should generally receive written notice of the proposed settlement. The statute gives the carrier a period in which it may advance an amount equal to the tentative settlement to preserve certain rights. Settlement papers should be reviewed carefully because an overly broad release or failure to follow required procedures may affect the UIM claim.

How to Deliver a Large Demand Package Electronically

When a UIM and MedPay submission is too large for fax, requesting a secure upload link is a reasonable practical step. The representative should confirm the approved delivery method in writing rather than sending confidential medical information through an unverified link.

For a reliable record of delivery:

1. Put both claim numbers and coverage types in the transmittal message.
2. Ask whether the insurer wants separate MedPay and UIM folders or submissions.
3. Use clearly labeled files, such as medical records, itemized bills, wage documents, and liability materials.
4. Include an index identifying every uploaded document and its page count.
5. Split files into numbered parts if the portal has size limits.
6. Save the upload confirmation, submission date, and any confirmation email.
7. Ask the claims representative to confirm that every file opens and that the package is complete.

Sending a large package does not by itself establish that both claims were properly presented. The transmittal should clearly state that the materials support both the medical payments claim and the underinsured motorist claim, while identifying any documents intended for only one coverage.

How This Applies to the Two Pending Claims

Here, the injured person is already pursuing both MedPay and UIM benefits from the same accident. The legal representative can generally submit supporting records for both claims, but should distinguish the coverage requests, identify payments already received, and obtain written confirmation that the insurer received the complete upload.

The representative should also confirm whether the at-fault driver’s liability coverage has been tendered or exhausted, whether the UIM carrier received proper notice of any proposed settlement, and which policy version controls. If the insurer asserts a credit for MedPay or denies part of either claim, requesting a written explanation tied to the policy language and applicable law can clarify the dispute.

Do Not Let Claim Discussions Replace Deadline Protection

Many North Carolina personal injury actions are subject to a three-year limitations period under N.C. Gen. Stat. § 1-52, although the correct deadline depends on the claim and facts. Insurance policies may also contain notice, proof-of-loss, expense-incurrence, suit, or arbitration requirements.

Negotiations, upload requests, MedPay processing, and UIM demand review do not automatically extend a lawsuit deadline. The relevant dates and policy requirements should be checked early, especially if the insurer has not confirmed receipt or the liability settlement remains unresolved.

When Wallace Pierce Law May Be Able to Help

Wallace Pierce Law may be able to review the declarations pages and policy documents, identify available MedPay and UIM coverage, organize medical and damages documentation, and coordinate submissions to the appropriate insurance representatives. The firm may also help evaluate an asserted MedPay credit, preserve proof of electronic delivery, track the liability settlement process, and address reimbursement or lien issues before funds are distributed.

Every claim depends on its policy language, dates, evidence, and payment history. A legal review can help separate the two coverage requests and identify procedural issues without assuming that either coverage must pay.

Talk to a Personal Injury Attorney in Durham

If your question involves injuries, insurance, fault, medical documentation, settlement paperwork, or a possible deadline, speaking with a licensed North Carolina attorney can help clarify your options. Call 919-313-2737 to discuss what happened and what steps may make sense next.

Disclaimer: This article provides general information about North Carolina personal injury law based on the single question stated above. It is not legal advice and does not create an attorney-client relationship. It is not medical advice, tax advice, or insurance policy interpretation. Laws, procedures, and local practice can change and may vary by county. If there may be a deadline, act promptly and speak with a licensed North Carolina attorney.