Short Answer

In North Carolina, if you are even slightly at fault, the contributory negligence rule can bar recovery from the other driver’s liability insurance. However, the defense must be proven, and exceptions like last clear chance or the other driver’s willful or wanton conduct can still allow recovery. You may also use Medical Payments (MedPay) coverage regardless of fault and your health insurance to pay bills while fault is disputed.

Understanding the Problem

You are an injured driver in North Carolina asking whether you can get your emergency room bills covered when an adjuster says you share fault. The single decision point is whether North Carolina’s contributory negligence rule blocks a liability claim or whether an exception or other coverage allows recovery. One key fact here is a left-turn collision where the oncoming vehicle was speeding and a second vehicle struck afterward.

Apply the Law

North Carolina uses contributory negligence: if the injured person was negligent and that negligence helped cause the crash, recovery from the at-fault driver is generally barred. The defendant has the burden to prove this defense. Even if contributory negligence is raised, recovery can still be possible if an exception applies (for example, last clear chance or willful/wanton conduct by the other driver). Separately, MedPay may pay medical bills regardless of fault. Claims are typically pursued with insurers first; if unresolved, you file suit in the county where the crash happened or where the defendant lives. Most negligence claims must be filed within three years of the crash date.

Key Requirements

• Negligence by the other driver: Show the other driver failed to use reasonable care (e.g., speeding) and broke a safety rule.
• Causation and damages: Your medical bills must be reasonably related to injuries from the crash.
• Contributory negligence defense: The defendant must prove you were also negligent and that it helped cause the crash; if proven, it usually bars recovery.
• Exceptions that may still allow recovery: Last clear chance (the defendant could have avoided the harm) or the defendant’s willful/wanton conduct can overcome contributory negligence.
• Alternate coverage: MedPay under your auto policy may cover medical bills regardless of fault; policy notice and proof requirements apply.

What the Statutes Say

• North Carolina Gen. Stat. § 1-139 (Contributory negligence – burden of proof) - The defendant must prove contributory negligence as a defense.
• North Carolina Gen. Stat. § 20-155 (Right-of-way when turning left) - A driver turning left must yield to oncoming traffic that is an immediate hazard.
• North Carolina Gen. Stat. § 20-141 (Speed restrictions) - Prohibits driving faster than is reasonable and prudent; violations may be evidence of negligence.

Analysis

Apply the Rule to the Facts: The speeding driver may have breached a duty, and your ER evaluation and imaging connect medical expenses to the crash. The insurer can argue contributory negligence because you were turning left, but they must prove your negligence and that it helped cause the impact. Evidence of the other driver’s speed, timing, and distance can support that their conduct was the primary cause or that they had the last clear chance to avoid you. The second impact can still be part of the same chain of causation for your bills if it flowed from the initial collision.

Process & Timing

1. Who files: Injured driver. Where: Open a claim with the at-fault insurer and your own insurer (for MedPay and any UM/UIM). If unresolved, file a civil complaint and Civil Summons (AOC-CV-100) with the Clerk of Superior Court in the county of the crash or defendant’s residence. When: Generally within three years of the crash for negligence; follow any shorter policy notice deadlines for MedPay and UM/UIM.
2. Gather and submit proof: police report, photos, witness names, medical records, and itemized bills showing treatment is reasonably related to the crash. Insurer evaluations can take weeks; county court timelines vary after filing.
3. Resolution: If liability is accepted, the liability carrier may pay provable medical bills as part of settlement. If contributory negligence is asserted and not resolved, the court will decide fault and damages after discovery and, if needed, trial.

Exceptions & Pitfalls

• Last clear chance: Even if you were negligent, you may recover if the other driver saw (or should have seen) your peril and had time and means to avoid the crash but failed to do so.
• Willful or wanton conduct: Extremely reckless behavior by the other driver can defeat contributory negligence.
• Police report is not final: A fault notation in the report is not binding; independent witnesses and speed/impact data can change the outcome.
• MedPay and UIM traps: Missed policy notice, lack of proof of bills, or settling liability claims without your UIM carrier’s written consent can jeopardize coverage.
• Recorded statements: Casual admissions about “partial fault” can be used to support the defense; keep statements factual and brief.

Talk to a Personal Injury Attorney

If an insurer is saying you’re partially at fault after a left-turn crash, our firm can evaluate the contributory negligence issues, identify any exceptions, and move quickly to protect your claim and coverage options. If you’re dealing with this situation, 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.