Short Answer

In North Carolina, verify every coverage involved (typically uninsured motorist and medical payments) and get written confirmation of the assigned adjuster and claim number for each before you send any representation or lien materials. Then promptly notify statutory lienholders (medical providers with valid liens, Medicaid, and any state health plan) and request their itemized statements or final lien amounts. Do not disburse settlement funds until you’ve confirmed adjusters, claim IDs, and lien payoffs in writing.

Understanding the Problem

You want to avoid administrative delays when opening subrogation and lien-recovery files after a North Carolina motor vehicle settlement. The question is: how do you confirm the right insurer, the right adjuster, and the right claim number—fast—so your representation letters, coverage requests, and lien notices reach the correct desk? One key fact here: the at-fault driver had no insurance, which typically means uninsured motorist coverage is in play.

Apply the Law

North Carolina claims often involve multiple coverages. When the at-fault driver is uninsured, uninsured motorist (UM) coverage through your client’s own policy typically applies, and a separate medical payments (MedPay) claim may also exist. Statutory medical provider liens can attach to personal injury recoveries if providers meet specific notice requirements. Public benefit payers (like Medicaid and the State Health Plan) have statutory reimbursement rights and must be identified and contacted before funds are disbursed. You will work directly with insurers’ claims departments; the Clerk of Superior Court is generally not involved unless a minor or incompetent settlement requires court approval. A core timing rule: obtain lien figures and resolve them before disbursement.

Key Requirements

• Identify all coverages and carriers: Confirm whether claims are under UM and MedPay, and which insurer handles each.
• Lock down adjuster and claim IDs: Obtain written confirmation of the assigned adjuster’s name, contact info, and the claim number for each coverage.
• Send complete representation packets: Include date of loss, insureds, policy number (if known), HIPAA authorization, and settlement details to enable quick verification.
• Notice to statutory lienholders: Request itemized statements from medical providers and final lien letters from Medicaid and any state health plan.
• Honor caps and priorities: Provider liens require proper notice and are limited by North Carolina’s distribution rules; public program liens have separate statutory rights.
• Document before disbursement: Keep written confirmations of adjusters, claim numbers, and final lien amounts in the file.

What the Statutes Say

• North Carolina Gen. Stat. § 44-49 (Medical provider lien requirements) - Providers may assert a lien when they furnish an itemized statement upon request.
• North Carolina Gen. Stat. § 44-50 (Distribution; caps; attorney fee priority) - Sets priority for attorney fees and caps combined medical liens from a personal injury recovery.
• North Carolina Gen. Stat. § 108A-57 (Medicaid lien and reimbursement) - Requires repayment to the State for Medicaid-paid medical expenses out of third-party recoveries.
• North Carolina Gen. Stat. § 135-48.37 (State Health Plan subrogation) - Grants the State Health Plan statutory subrogation and reimbursement rights.

Analysis

Apply the Rule to the Facts: Because the at-fault driver was uninsured, verify UM coverage and obtain written confirmation of the UM adjuster’s identity and claim number from your client’s auto insurer. Open or confirm a separate MedPay claim with the MedPay carrier and obtain that adjuster’s contact details. Request itemized statements from treating providers and seek final lien figures from Medicaid or any state health plan before disbursement, then align payouts with North Carolina’s lien caps and priorities.

Process & Timing

1. Who files: Your law firm for the injured clients. Where: Insurers’ claims departments (UM carrier and MedPay insurer) and statutory lienholders (providers, Medicaid, State Health Plan). What: Representation letters; coverage/claim verification request; HIPAA authorization; proof of settlement; provider itemized statement requests; Medicaid/State Health Plan lien inquiries. When: Immediately upon opening the subrogation/lien file and before any settlement disbursement.
2. Insurers confirm the assigned adjuster(s) and claim number(s) in writing; providers issue itemized statements; Medicaid/State Health Plan issue interim/final lien amounts. Timeframes vary by insurer and agency.
3. Reconcile final liens with North Carolina’s distribution rules, obtain written payoff confirmations, then issue disbursements and close the file with a clear audit trail.

Exceptions & Pitfalls

• Mixing claim numbers: UM and MedPay often have different claim IDs and adjusters; mislabeling causes delays.
• Missing authorizations: Without a HIPAA-compliant release, adjusters may not confirm coverage or discuss bills.
• Provider lien defects: A provider’s lien depends on statutory notice (including an itemized statement). Ask for it early.
• Public benefit liens: Medicaid and the State Health Plan have statutory rights; contact them early for lien verification and follow their payoff instructions.
• Name and date mismatches: Ensure insured names, dates of loss, and policy numbers match across all submissions.

Talk to a Personal Injury Attorney

If you're dealing with multiple adjusters and lienholders after a North Carolina crash, 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.