Short Answer

Yes. In North Carolina, you can seek a higher settlement when your medical bills and other losses exceed the insurer’s first offer—especially if the treatment was reasonable, necessary, and related to the crash. Your attorney can present updated records, explain your pain and limitations, address medical liens, and push for policy limits if needed. If negotiations stall, you can file a lawsuit within the time limit.

Understanding the Problem

In North Carolina personal injury cases, the key question is: can you ask the insurer to increase a settlement when the first offer does not cover your medical bills? Here, you are the injured person seeking more compensation after an auto insurer offered less than your costs, and you completed about two months of chiropractic care. The decision point is whether and how to negotiate for more based on your documented treatment and losses.

Apply the Law

Under North Carolina law, injury compensation is based on proven damages caused by the at-fault driver. Those damages include reasonable and necessary medical expenses, lost income, and pain and suffering. Insurers often start with medical charges, but they must also consider causation, the nature and length of treatment, and the impact on daily life. Medical providers may assert statutory liens against your recovery, which must be addressed in any settlement. If the insurer will not pay a fair amount, you may file suit in the appropriate North Carolina trial court; a general three-year deadline applies to negligence claims, though specific citations can vary by issue.

Key Requirements

• Causation and necessity: Show the crash caused your injuries and that your treatment was reasonable and necessary.
• Complete documentation: Provide itemized bills, medical records, and a clear summary of symptoms, limits, and any missed work.
• Damages beyond bills: Include pain and suffering and any documented wage loss; do not limit the claim to medical charges.
• Liens and subrogation: Identify medical provider liens and health plan reimbursement claims and negotiate them.
• Coverage limits: Verify all available insurance (the at‑fault policy and any applicable coverages) and the limits that may cap recovery.
• Timing and forum: Keep the general three‑year lawsuit deadline in mind and file in North Carolina District or Superior Court if negotiations fail.

What the Statutes Say

• N.C. Gen. Stat. § 44-49 (Medical provider lien) - Allows providers to claim a lien on personal injury recoveries for reasonable charges with proper notice.
• N.C. Gen. Stat. § 44-50 (Distribution; lien limits) - Caps the total of certain medical liens to protect an injured person’s share, generally limiting liens to a portion of the settlement after attorney fees.

Analysis

Apply the Rule to the Facts: Your urgent care visit and two months of chiropractic care can support that your treatment was timely, reasonable, and connected to the crash. If the offer only reflects incurred bills, your attorney can add pain and suffering and any wage loss, then explain why the care was necessary. Your lawyer should also identify and negotiate medical liens under North Carolina law to improve your net recovery. Policy limits and any liability disputes will frame the ceiling for negotiation.

Process & Timing

1. Who files: Your attorney. Where: First with the at‑fault insurer’s claims department; if needed, the Clerk of Superior Court in the North Carolina county where the crash occurred or the defendant lives. What: A written demand package (records, bills, narrative) and, if suit is needed, a Complaint and Civil Summons (AOC-CV-100 from nccourts.gov). When: Send the demand after records are complete; file suit before the general three‑year negligence deadline.
2. Negotiation: Expect 2–8 weeks for the insurer to review, make a counter, and for back‑and‑forth; ask for supervisor or claim committee review if the adjuster is anchored to an inadequate offer.
3. Resolution: Execute a release if a fair settlement is reached; your attorney disburses funds, pays approved liens under the lien‑limit statute, and provides a closing statement. If no agreement, proceed with litigation.

Exceptions & Pitfalls

• Policy limits can cap settlement regardless of your bills; identify all possible coverages early.
• Contributory negligence can bar recovery if you are found even slightly at fault; avoid statements that suggest shared fault.
• Gaps in treatment or inconsistent medical histories can reduce offers; keep appointments and ensure records are accurate.
• Unaddressed medical liens or health plan reimbursement claims can delay payment or reduce your net; negotiate and document lien resolutions.
• Waiting too long to sue risks the deadline; track the statute while negotiating.

Talk to a Personal Injury Attorney

If you're dealing with an offer that does not cover your medical bills, 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.