No. In North Carolina, you generally cannot prevent an insurer from opening a claim under the vehicle you were riding in. Insurers often open claims with every policy that might provide benefits—like medical payments (MedPay) and uninsured/underinsured motorist (UM/UIM)—even when that driver is not at fault. This administrative step does not admit fault and usually does not impact the driver’s premiums unless the insurer later determines that driver was at fault and liability coverage pays because of their negligence.
North Carolina passenger asks: Can I stop my insurer from opening a claim on the policy of the driver I was riding with when that driver appears not at fault? The insurer already opened a claim to check MedPay and UM/UIM coverage. The concern is whether that claim will hurt the driver’s coverage or premiums.
Under North Carolina law, an injured passenger is typically an “insured” under the host vehicle’s policy for MedPay and UM/UIM benefits. Insurers commonly open a claim with the host driver’s carrier to verify and preserve those benefits while the at-fault driver’s liability coverage is investigated. Premium surcharges are governed by the state’s rating rules and generally apply only to at-fault accidents. If UIM may apply, North Carolina has a consent-to-settle procedure you must follow before releasing the at-fault driver. Personal injury lawsuits generally carry a three-year filing deadline, but insurance notice requirements can be much shorter.
Apply the Rule to the Facts: Because you were a passenger, the host vehicle’s policy may offer MedPay and UM/UIM. Opening a claim there is standard and does not blame that driver. If the investigation confirms the other driver is at fault, the host driver’s liability coverage should not pay, and the Safe Driver Incentive Plan typically would not assign at-fault points to the host driver from your MedPay or UM notice alone. If the at-fault driver is underinsured, you must follow UIM consent-to-settle steps before you sign any release.
You cannot stop an insurer from opening a claim under the non-fault driver’s policy; it is a normal way to check MedPay and UM/UIM benefits and does not admit fault. In North Carolina, premium surcharges generally turn on fault, not on a coverage-only claim. Preserve your rights by notifying all potentially applicable insurers and, if UIM may apply, send written notice of any tentative settlement to the UIM carrier and wait its response window before signing a release.
If you're dealing with a passenger injury claim and an insurer opened a claim under the non-fault driver's policy, our firm has experienced attorneys who can help you understand your options and timelines. Call us 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.