In North Carolina, if the at-fault driver’s liability insurance won’t cover all of your medical bills, you look next to underinsured motorist (UIM) coverage and any medical payments (Med Pay) coverage on the car you were riding in, your own auto policy, or sometimes a household member’s policy. You must also protect your right to UIM by getting your UIM insurer’s written consent before settling with the at-fault insurer. Health insurance can help, but medical liens and reimbursement rules may affect the final payout.
North Carolina: As a passenger, can you use your own or the car’s insurance to pay medical bills when the at-fault driver’s policy limits are too low? This question matters because your recovery often depends on layering the right coverages in the right order while protecting your rights before you settle with the liability insurer. Here, you were a passenger, and a claim was opened on the driver’s policy you rode with to confirm available coverage.
North Carolina law requires drivers to carry liability insurance. When that policy is not enough, injured people may access uninsured/underinsured motorist (UM/UIM) coverage and Med Pay benefits. UM applies when the at-fault driver has no insurance; UIM can apply when the at-fault limits are lower than the UIM limits available to you. Occupants of an insured vehicle are generally covered for UM/UIM under that policy, and you may also have coverage under your own or a resident relative’s policy. The main forum is an insurance claim; if settlement is not reached, you may file a civil lawsuit in a North Carolina trial court. A key deadline is the general three-year statute of limitations for personal injury claims.
Apply the Rule to the Facts: You were a passenger, so you likely count as an insured under the vehicle’s UM/UIM and Med Pay. If the at-fault driver’s liability limits are too low, you would look next to UIM on the vehicle you rode in, then to your own auto policy and potentially a resident relative’s policy. Because a claim was opened with the driver’s insurer you rode with, that should help verify Med Pay and UM/UIM without implying that driver was at fault. Before any settlement with the at-fault insurer, get your UIM carrier’s written consent to preserve UIM benefits.
When the at-fault driver’s insurance is too low, North Carolina law lets you seek benefits from UIM and Med Pay on the car you occupied, your own auto policy, and sometimes a resident relative’s policy, with liability coverage paying first and offsetting UIM. Protect UIM by getting written consent before settling with the at-fault insurer. If negotiations stall, file a civil complaint with the Clerk of Superior Court within three years of the crash.
If you're dealing with medical bills that exceed the at-fault driver’s insurance and need to coordinate UIM and Med Pay, 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.
