Short Answer

Yes. In North Carolina, your own auto policy can still provide benefits even if the other driver’s liability insurer is handling the main claim. The most common examples are Medical Payments (“MedPay”) coverage (if you bought it) and uninsured/underinsured motorist coverage (UM/UIM) when the at-fault driver has no insurance or not enough insurance. Your policy may also require you to cooperate with your insurer’s investigation, which is one reason you might be asked to give a statement.

Understanding the Problem

In North Carolina, can you use your own auto insurance benefits (as the policyholder) even though the other driver’s insurance is handling the claim, especially when your insurer calls several months after the crash asking you for a statement?

Apply the Law

North Carolina auto claims often involve more than one “bucket” of coverage. The other driver’s insurance is typically the primary source for paying damages if that driver was at fault (their liability coverage). But your own policy may still pay certain benefits that are designed to help you regardless of who is at fault (like MedPay), or to protect you when the other driver’s coverage is missing or insufficient (UM/UIM). North Carolina law requires UM coverage and generally requires UIM coverage as part of a motor vehicle liability policy, subject to the statute’s rules and the limits you selected.

Key Requirements

• The benefit must exist on your policy: Some benefits (like Medical Payments coverage) are optional and only apply if you purchased them.
• You must qualify as an “insured” under that coverage: Coverage often applies to you as the named insured and sometimes to resident family members or occupants, depending on the policy and the type of coverage.
• The loss must fit the coverage trigger: MedPay generally relates to reasonable medical expenses from the crash; UM/UIM generally relates to injuries caused by an uninsured driver, hit-and-run, or an underinsured driver.
• UM/UIM has timing and notice rules: UM/UIM claims can involve specific notice steps, and UIM typically comes into play after the at-fault driver’s liability coverage is exhausted by settlement or payment.
• Coordination matters: If your insurer pays certain benefits, it may have rights to reimbursement or credit depending on the coverage type and the facts, so the order of handling bills and settlements can matter.
• Cooperation with your insurer may be required: Your policy commonly requires you to provide information and cooperate with the claim investigation, which can include a statement.

What the Statutes Say

• N.C. Gen. Stat. § 20-279.21 (Motor vehicle liability policy; UM/UIM requirements) - Sets key rules for uninsured motorist and underinsured motorist coverage in North Carolina, including how UIM applies after liability coverage is exhausted and notice/advance-payment protections tied to settlement.

Analysis

Apply the Rule to the Facts: Here, the other driver’s insurer may be handling the liability claim, but that does not automatically shut off your own coverage. Because you were contacted by your own insurer for a statement several months after the crash, your insurer may be investigating whether any first-party benefits apply (such as MedPay if your policy includes it) and/or protecting its position if a UM/UIM claim could become necessary depending on the other driver’s coverage and the value of the injury claim.

Process & Timing

1. Who files: You (the policyholder/insured) or your attorney. Where: With your own auto insurer’s claims department in North Carolina. What: A claim for the specific benefit (often supported by medical bills/records for MedPay, and insurance/settlement information for UIM). When: As soon as you suspect your own benefits may help (for example, when medical bills start coming in or when it appears the other driver’s limits may not fully cover the claim).
2. Investigation step: Your insurer may request a recorded statement, medical authorizations, proof of loss documents, and itemized bills. This is also when you confirm what coverages you actually carry (MedPay, UM/UIM limits, and any exclusions).
3. Settlement coordination step (often for UIM): If the case is heading toward a settlement with the at-fault driver’s insurer and UIM may apply, you generally need to coordinate the timing and notice so you do not accidentally waive UIM rights. North Carolina’s UIM statute includes a 30-day advance-payment mechanism tied to notice of a tentative settlement.

Exceptions & Pitfalls

• Assuming “the other insurer is paying” means you should ignore your own policy: MedPay (if you have it) can sometimes help pay medical bills while the liability claim is pending, which can reduce financial pressure and gaps in treatment.
• Giving a statement without preparation: A recorded statement can affect liability and injury issues. It is usually better to understand why the statement is requested and what coverages are being evaluated before you give one.
• Missing UIM coordination steps: UIM is not just “extra money.” It is a separate coverage with rules. Settling too quickly—without proper notice—can create avoidable disputes about UIM eligibility.
• Not confirming what “accident protection” means on your policy: People use different terms (MedPay, accident medical coverage, etc.). The exact benefit depends on the declarations page and policy language.
• Overlooking who counts as an insured: Coverage can depend on whether you were in your own vehicle, someone else’s vehicle, or a household member’s status under the policy.

Conclusion

Yes—your own auto policy can still provide benefits in North Carolina even when the other driver’s insurer is handling the liability claim, especially through Medical Payments coverage (if you purchased it) and UM/UIM coverage when the at-fault driver is uninsured or underinsured. The key is confirming the coverage on your declarations page and following the timing and notice rules that apply to UM/UIM, including the 30-day notice window tied to a tentative settlement. Next step: request a copy of your full policy and declarations page and open a first-party benefits claim with your insurer promptly.

Talk to a Personal Injury Attorney

If you're dealing with a North Carolina car accident claim where the other driver’s insurance is involved but you may also have benefits under your own policy, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call [CONTACT NUMBER].

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.