Understanding the Problem

If you were hurt in a North Carolina car crash and the other driver’s insurance company is denying liability based on the police report, can you submit your treatment bills to your own auto insurer now so you can keep getting care and avoid falling behind on medical bills?

Apply the Law

North Carolina is an “at-fault” state for car wrecks, meaning the at-fault driver’s liability insurance is usually the main source of payment for injury-related losses. But a liability dispute can take months. During that time, your own auto policy may provide first-party benefits that can help with medical bills, depending on what coverages you purchased.

The most common coverage used for this purpose is Medical Payments coverage (“MedPay”). MedPay is generally designed to pay reasonable and necessary medical expenses from the crash up to the MedPay limit, without requiring you to prove the other driver was at fault. Separately, uninsured/underinsured motorist (UM/UIM) coverage can apply in certain situations, but UM/UIM usually still depends on establishing that you are legally entitled to recover from the other driver and may involve additional steps and timing issues.

Key Requirements

• You have applicable coverage on your policy: MedPay is optional in many policies, and the amount available depends on the limit you purchased.
• The treatment is related to the crash: Your insurer will usually require records showing the care is for accident-related injuries.
• You follow your policy’s notice and cooperation duties: Insurers commonly require prompt notice, itemized bills, and authorizations to review records.
• You stay within the coverage limit: MedPay stops when the limit is exhausted, even if you are still treating.
• You plan for reimbursement/lien issues: If another source later pays for the same medical expenses (for example, a settlement), you may have to address reimbursement rights before you can safely finalize the case.
• You avoid statements that can be used against you: Reporting a claim to your own insurer is normal, but be careful about recorded statements or fault admissions while liability is disputed.

What the Statutes Say

• N.C. Gen. Stat. § 20-279.21 (Motor vehicle liability policy; required coverages including UM/UIM) - Describes required auto liability policy provisions and North Carolina’s uninsured and underinsured motorist framework.
• N.C. Gen. Stat. § 1-540.3 (Advance payments) - Allows advance/partial payments in injury claims without those payments being treated as an admission of liability, and explains how credits can work if a judgment is later entered.
• N.C. Gen. Stat. § 108A-57 (Medicaid subrogation) - Explains the State’s subrogation rights when Medicaid pays accident-related medical expenses and the timing for disputing the Medicaid recovery amount after settlement or judgment.

Analysis

Apply the Rule to the Facts: Here, the other driver’s insurer is denying liability and arguing you were at least partly at fault for failing to yield. Because that dispute can delay any liability payment, using your own MedPay (if you have it) is often a practical way to keep medical bills moving while fault is sorted out. You will still need to show your insurer that the treatment is crash-related and submit the bills and records they request. You should also assume that any payer (including your own insurer or a health plan) may assert reimbursement rights from a later settlement, so coordination matters.

Process & Timing

1. Who files: You (the policyholder/insured) or your attorney. Where: With your own auto insurance carrier’s claims department (not the court). What: A MedPay claim request, plus itemized bills and medical records/authorizations the insurer requires. When: As soon as practical after the crash and once you start receiving bills (your policy may set specific notice deadlines).
2. Next step: The insurer reviews whether the charges are accident-related and covered, then issues payment up to the MedPay limit. Timeframes vary by carrier and how quickly records are provided.
3. Final step: If you later resolve the liability claim (settlement or judgment), you and your attorney should confirm what reimbursement, subrogation, or lien claims must be addressed before disbursing settlement funds.

Exceptions & Pitfalls

• No MedPay on the policy: If you did not purchase MedPay, your auto insurer may have no medical-bill benefit to offer (other than UM/UIM in the right case, which is a different process).
• Recorded statements and fault disputes: Even though MedPay is not usually fault-based, insurers may still ask questions about how the crash happened. Be careful about giving opinions on fault while the liability dispute is active.
• Documentation gaps: Delays often happen because bills are not itemized, records are incomplete, or providers bill the wrong payer. Keep a clean paper trail and submit what the adjuster requests.
• Reimbursement and liens: Payments by health insurance, Medicaid, or other benefit plans can create repayment obligations from a later settlement. Medicaid has specific statutory recovery rights and procedures that can affect how settlement funds must be handled.
• Assuming MedPay replaces the liability claim: MedPay is usually limited and does not cover everything a liability claim can cover. It is commonly a short-term bridge while the fault dispute is resolved.

Conclusion

Yes—while the other driver’s insurer is denying liability, you can often use your own North Carolina auto policy (especially MedPay, if you bought it) to help pay accident-related medical bills without waiting for the fault dispute to end. The key limits are (1) whether you have the coverage, (2) whether the treatment is crash-related, and (3) the policy limit. Next step: open a MedPay claim with your insurer and submit itemized bills and supporting records promptly.

Talk to a Personal Injury Attorney

If you’re dealing with a crash where the other driver’s insurer is denying fault and you need help coordinating MedPay, health insurance billing, and reimbursement issues while your injury claim is pending, our firm has experienced attorneys who can help you understand your options and timelines. Call [CONTACT NUMBER] 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.