Short Answer

Yes. In North Carolina, you can seek payment of reasonable and necessary accident-related medical expenses from the at-fault driver’s liability insurance and, in some cases, from your own auto policy’s Medical Payments (MedPay) or uninsured/underinsured motorist coverage. Not having health insurance does not block your claim. Be aware that North Carolina’s strict contributory negligence rule and a three-year filing deadline apply.

Understanding the Problem

You want to know if you can recover your accident medical bills in North Carolina when you do not have health insurance. You were rear-ended, and the other insurer denies fault. The core issue is whether North Carolina law lets an injured person recover reasonable and necessary medical expenses caused by another driver’s negligence and how to pursue that recovery.

Apply the Law

North Carolina allows an injured person to recover medical expenses that are reasonable, necessary, and caused by another driver’s negligence. Lack of health insurance does not reduce or bar the claim. Evidence rules limit proof of medical expenses to amounts paid or those still necessary to pay outstanding charges. North Carolina is a contributory negligence state: if you are even slightly at fault, you may be barred from recovery. Claims are pursued first with insurance; if unresolved, you file a civil lawsuit in the appropriate North Carolina trial court. The general deadline to file a personal injury lawsuit is three years from the accident.

Key Requirements

• Negligence by the other driver: Show the other driver failed to use reasonable care (duty, breach).
• Causation: Link your injuries and treatment to the crash with medical records and provider opinions.
• Reasonable and necessary bills: Your medical charges must be reasonable in amount and needed for your injury.
• No contributory negligence: If you share any fault, recovery can be barred under North Carolina law.
• Insurance pathways: Present claims to at-fault liability coverage; consider your own MedPay and UM/UIM if applicable.
• Deadline: File any lawsuit within three years of the accident in the proper North Carolina court.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limitation) - Most personal injury claims must be filed within three years.
• North Carolina Gen. Stat. § 20-279.21 (UM/UIM coverage) - Sets rules for uninsured/underinsured motorist coverage in auto policies.
• North Carolina Gen. Stat. § 44-49 (Medical provider liens) - Allows certain medical providers to claim a lien on personal injury recoveries.
• North Carolina Gen. Stat. § 44-50 (Lien limits) - Caps the total amount of providers’ liens from the recovery.

Analysis

Apply the Rule to the Facts: A rear-end crash often supports a negligence claim against the following driver, and your police report plus dashcam footage can help prove fault. Your ongoing lower back pain and x-rays, tied to the collision by your medical records, address causation and the reasonableness/necessity of treatment. Not having health insurance does not reduce your right to claim those bills, though providers may assert statutory liens that must be resolved from any recovery. If the liability insurer continues to deny fault, you can file suit within three years.

Process & Timing

1. Who files: The injured person. Where: Start by submitting a claim to the at-fault insurer and, if available, to your own MedPay/UM/UIM carrier. If unresolved, file a Complaint and Civil Summons (AOC-CV-100) with the Clerk of Superior Court in the county where the crash occurred or where the defendant resides. When: File any lawsuit within three years of the accident.
2. After filing, the defendant is served and responds. Discovery (records, depositions) and, often, mediation follow. Timelines vary by county and case complexity.
3. Cases resolve by settlement or trial. If you recover funds, medical provider liens are addressed and paid consistent with North Carolina lien limits before you receive your net proceeds.

Exceptions & Pitfalls

• Contributory negligence: Any fault on your part can bar recovery; preserve evidence (dashcam, witnesses) to counter blame-shifting.
• Evidence of medical expenses: Courts typically allow only amounts paid or still necessary to satisfy bills; keep complete bills and balances.
• Provider liens: Hospitals and certain providers may file liens; total liens are limited by statute, but they must be resolved from your recovery.
• UM/UIM notice traps: If the at-fault driver is uninsured or underinsured, promptly notify your own carrier and follow policy notice/consent-to-settle requirements.
• Gaps in care: Delays in treatment can undermine causation; attend prescribed follow-ups and document symptoms.

Talk to a Personal Injury Attorney

If you’re facing mounting medical bills after a North Carolina car crash and the insurer is denying fault, our firm can help you understand your options, coordinate benefits, and protect deadlines. 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.