Short Answer

In North Carolina, using your health insurance for treatment now does not prevent you from bringing a slip-and-fall claim later. However, the amount you can present for past medical expenses is generally limited to what was actually paid or still owed, and your health insurer or medical providers may have reimbursement or lien rights against any settlement. You must still meet North Carolina’s filing deadlines to preserve your claim.

Understanding the Problem

You want to know whether you can use your health insurance to get needed care now without hurting your ability to bring a North Carolina personal injury claim later. The decision point is this: can you seek treatment through your insurance today and still pursue the property owner for negligence later? You report ongoing head pain and a need for diagnostic scans. This article explains how North Carolina law treats insurance, medical bills, and liens in this situation.

Apply the Law

North Carolina law allows you to use your health insurance after an injury and still pursue a negligence claim. Courts limit proof of past medical expenses to the amounts actually paid to satisfy the bills and the amounts still necessary to satisfy any unpaid balances. Medical providers may assert statutory liens on your injury recovery, and certain payers may seek reimbursement. Claims are filed in the General Court of Justice (District or Superior Court), typically in the county where the fall occurred, and most negligence claims must be filed within three years.

Key Requirements

• You can use health insurance: Getting timely treatment through your insurance does not waive or bar your injury claim.
• Amounts you can show for past medical bills: Evidence is limited to what was actually paid or is still owed; write-offs and sticker prices are not recoverable as past medical expenses.
• Provider liens and reimbursement: North Carolina law gives medical providers lien rights against your settlement, and some health plans or public programs may seek reimbursement from your recovery.
• Mitigation of damages: You should seek reasonable care promptly; using insurance often helps you meet this duty.
• Forum and deadline: If settlement doesn’t resolve your claim, you file suit in the county trial court; most injury claims have a three-year statute of limitations.

What the Statutes Say

• N.C. Gen. Stat. § 8C-1, Rule 414 (Medical expenses evidence) - Past medical expenses are limited to amounts actually paid or necessary to satisfy charges.
• N.C. Gen. Stat. § 44-49 (Medical provider lien) - Providers who furnish care have a lien on injury recoveries and must furnish records when requested.
• N.C. Gen. Stat. § 44-50 (Enforcement; 50% cap) - Provider liens are paid from settlement proceeds, subject to a 50% cap after attorney’s fees.
• N.C. Gen. Stat. § 1-52 (Three-year limitation) - Most negligence claims must be filed within three years.

Analysis

Apply the Rule to the Facts: Because you have ongoing head pain and need scans, using your health insurance now is appropriate and does not forfeit your ability to bring a slip-and-fall claim. Your past medical expenses will be shown by the amounts your insurer pays and any balances you still owe, not the full billed charges. Expect medical providers (and possibly your health plan) to seek repayment from any settlement, which must be resolved under North Carolina’s lien rules. You still need to meet the three-year filing deadline if settlement does not resolve the claim.

Process & Timing

1. Who files: You (usually through an attorney). Where: Start with a claim to the property owner’s liability insurer; if needed, file suit in the General Court of Justice (District or Superior Court) in the county where the fall occurred. What: Keep itemized bills, Explanation of Benefits (EOBs), and request provider lien notices; for suit, file a Complaint and Civil Summons (AOC-CV-100). When: File any lawsuit within three years of the incident unless a different rule applies.
2. Next: Continue treatment through your insurance. Providers may send lien notices; request itemized statements so liens can be verified and negotiated. Insurers and providers typically exchange records over weeks to months.
3. Final: If you settle or win a judgment, resolve provider liens and any valid reimbursement claims under the statutory cap before disbursement. You receive a settlement disbursement with a closing statement showing payments.

Exceptions & Pitfalls

• Certain health plans or public programs (for example, Medicare/Medicaid or specific state plans) may have separate reimbursement rules in addition to provider liens.
• If you do not request itemized bills and records, a provider’s lien may be harder to evaluate; request them early so liens can be verified and negotiated.
• Do not disburse or accept settlement funds without addressing liens; ignoring liens can create personal liability and delay payment.
• Delaying care can be used to argue you did not mitigate damages; using insurance to obtain timely treatment helps avoid this.

Talk to a Personal Injury Attorney

If you’re dealing with medical treatment after a fall and worried about how using insurance affects your claim, our firm has attorneys who can help you understand your options and timelines. Reach out 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.