Short Answer

Yes. In North Carolina, you may recover accident-related medical expenses from the at‑fault driver even if you have Medicaid and retirement benefits. The amount you can show for past medical bills is limited to what was actually paid or still owed, and Medicaid will usually have a right to be repaid from any settlement. Because North Carolina uses contributory negligence, fault disputes can affect recovery.

Understanding the Problem

You want to know whether you can make the at‑fault driver pay your medical bills when your health coverage is through Medicaid and your income is retirement benefits. This is a North Carolina personal injury issue about whether you can claim and recover medical expenses from the at‑fault driver or their insurer. A key practical concern is that no police report is available to you.

Apply the Law

Under North Carolina law, an injured person can claim economic damages, including reasonable and necessary medical expenses, from the at‑fault driver. Evidence of past medical charges is limited to the amounts actually paid to satisfy the bills and the amounts still owed; amounts written off are not admissible. Payments from Medicaid and retirement benefits do not reduce the at‑fault driver’s responsibility, but Medicaid typically has a statutory lien that must be repaid from any settlement or judgment. Claims are usually negotiated with the liability insurer, and if not resolved, filed in the county civil court. The general time limit to sue for negligence is three years from the crash.

Key Requirements

• Fault by the other driver: You must show the other driver’s negligence caused the crash; any contributory negligence by you can bar recovery.
• Causation of treatment: The ER visit, imaging, and other treatment must be reasonably related to the crash.
• Proveable medical expenses: You can present the amounts actually paid or still owed for treatment; write‑offs are excluded.
• Medicaid lien resolution: Medicaid generally must be reimbursed from any recovery, subject to statutory limits and possible court allocation.
• Timely action: If settlement fails, file suit within three years of the accident to preserve your claim.
• Documentation: Without a police report, use medical records, photos, repair estimates, and witness statements to prove fault and damages.

What the Statutes Say

• N.C. R. Evid. 414 (Amounts of medical expenses) - Limits evidence of past medical bills to amounts actually paid or owed.
• N.C. Gen. Stat. § 108A-57 (Medicaid lien) - Gives Medicaid a lien and reimbursement rights from injury recoveries, with procedures and limits.
• N.C. Gen. Stat. § 44-49 (Medical provider lien) - Creates a lien for providers who treated accident injuries.
• N.C. Gen. Stat. § 44-50 (Lien enforcement and caps) - Governs how liens are paid and limits how much can be taken from your recovery.

Analysis

Apply the Rule to the Facts: Your ER visit and imaging are medical expenses you can claim if the other driver’s negligence caused the crash. Because North Carolina admits only amounts actually paid or still owed, your recoverable past medical charges will reflect Medicaid’s paid amounts and any remaining balances, not the full “sticker price.” Medicaid will likely assert a lien that must be resolved from any settlement, within statutory limits. The absence of a police report does not prevent a claim, but you will need other proof of fault; if you are found even slightly at fault for pulling out, contributory negligence could bar recovery.

Process & Timing

1. Who files: The injured person or their attorney. Where: Start with a bodily injury claim to the at‑fault driver’s insurer; if suit is needed, file a civil Complaint in the appropriate North Carolina District or Superior Court in the crash county. What: Notice of claim, photos, witness info, medical records/bills, and later a Complaint if required. When: Open the claim promptly; if no settlement, file suit within three years of the accident.
2. Negotiate and document: Gather medical records and bills reflecting amounts paid/owed, and request a Medicaid lien statement from the North Carolina Division of Health Benefits. Settlement discussions typically take weeks to months depending on treatment status and records.
3. Resolve liens and disburse: On settlement or judgment, pay valid Medicaid and provider liens as required by statute, then the insurer issues payment and funds are disbursed.

Exceptions & Pitfalls

• Contributory negligence: Any fault on your part can bar recovery; develop evidence on right‑of‑way, speed, and visibility.
• Assuming a police report is required: It helps, but you can prove your case with other evidence; act quickly to secure witnesses and photos.
• Ignoring Medicaid’s lien: Failure to address it can delay payment; request the lien early and confirm final amounts before disbursement.
• Overstating bills: North Carolina allows only amounts paid or owed; include the right figures in your demand.
• Recorded statements: Be careful with insurer interviews; inconsistent statements can harm fault and causation arguments.

Talk to a Personal Injury Attorney

If you're dealing with medical bills, Medicaid liens, and a disputed crash, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call (919) 341-7055 to connect with our team.

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.