A car accident can turn your life upside down in an instant. In North Carolina, where contributory negligence laws can complicate claims, many people are left asking: Who pays the medical bills after a car accident? From hospital stays and surgeries to physical therapy and ongoing treatment, the financial burden from injuries can be staggering. Whether you’re a driver, passenger, or pedestrian, understanding your rights and responsibilities is essential for recovery. Knowing the potential benefits, understanding the reimbursement process, and communicating effectively with your insurer can make a significant difference. Drivers should also pay close attention to any legal disclaimer or message received regarding their case to ensure nothing is overlooked.
At Constantinou & Burkert Accident Injury Lawyers, we help clients across North Carolina — including in Raleigh, Greenville, Fayetteville, and Durham — navigate the complex process of obtaining compensation for medical expenses after an auto collision. Our experienced car accident attorneys are here to ensure you understand your legal rights and explore all available options. Whether you’re dealing with insurance companies or other parties involved, we guide you every step of the way. This guide provides essential information to help you protect yourself and your family in a legal field that can often feel overwhelming.
Understanding Medical Bill Responsibility After an Accident
Immediately after a car accident, medical bills can pile up quickly. Common expenses include:
1. Emergency room visits
2. Ambulance transportation
3. Diagnostic imaging (X-rays, CT scans, MRIs)
4. Surgery and inpatient hospital care
5. Physical therapy
6. Prescription medication
7. Follow-up doctor appointments
While you might assume that the at-fault driver or their insurance company will cover your medical bills, that’s not always how the process begins. In many cases, the injured person must initially use their own health insurance or auto insurance coverage before being reimbursed through a settlement or lawsuit.
Health Insurance and Accident-Related Medical Bills
Your health insurance provider will typically cover most medical treatments related to your injuries, subject to your deductible, co-pays, and coverage limits. While this can ease the financial burden in the short term, your health insurance company may place a lien on any future settlement to recover the costs they covered. Whether you’re covered by private insurance or a government program like Medicare, this is true. In the aftermath of an accident, it’s essential for anyone navigating a claim to understand what type of coverage applies and how it impacts their needs. If someone else is found liable, their insurer may be required to share the responsibility for these expenses.
Some health insurance companies may even delay payments or deny coverage until liability is determined. This creates a stressful situation for car accident victims trying to focus on recovery. Insurers often base these decisions on various factors, such as fault and available coverage from other sources like Medicaid. Navigating these challenges without legal guidance can be overwhelming, so establishing an attorney-client relationship early on can protect your rights and ensure you receive the care you need.
MedPay: Optional Auto Insurance Coverage
In North Carolina, you can purchase Medical Payments Coverage (MedPay) as part of your auto insurance policy. MedPay helps pay for medical expenses regardless of fault, and it can cover:
1. Doctor and hospital bills
2. Surgery and follow-up care
3. Dental and prosthetic devices
4. Funeral expenses
MedPay can supplement your healthcare coverage and help reduce your out-of-pocket costs. It’s especially valuable if the other driver is uninsured or underinsured or there are delays in settling your claim.
Uninsured and Underinsured Motorist Coverage (UM/UIM)
What if the other party involved in the crash doesn’t have car insurance? Or what if their policy doesn’t cover the full amount of your injuries and property damage? In such cases, your health insurer may step in to cover certain costs, but recovering that money later can be complicated. These scenarios raise important questions that don’t always have easy answers — and a quick Google search won’t substitute for real legal guidance. Different fields of insurance law apply, and understanding your options is essential to protecting your rights.
That’s where UM (Uninsured Motorist) and UIM (Underinsured Motorist) coverage steps in. These types of insurance protect you when the at-fault driver lacks sufficient liability insurance. Many people don’t realize they have this coverage until they consult with a car accident attorney. We’ve seen firsthand how this coverage can change lives, offering critical support during difficult times. Client testimonials often highlight the peace of mind and financial relief UM and UIM policies provide when other insurance options fall short.
Who Is Ultimately Responsible for Paying?
Under North Carolina law, the at-fault party is legally responsible for the damages they cause. That includes:
Medical bills
Lost wages
Property damage
Pain and suffering
Loss of enjoyment of life
However, this responsibility doesn’t always translate into immediate payment. The insurance claim process can take weeks or months, and some insurance companies will dispute the claim or offer a lowball settlement. This is why it is so important to work with an experienced personal injury attorney in Durham.
What Happens During a Claim?
When you file a car accident claim, your lawyer will:
1. Conduct an investigation and gather evidence
2. Document your injuries and expenses
3. Identify all available insurance coverage
4. Send a demand letter to the at-fault party’s insurance company
5. Negotiate a settlement
6. File a lawsuit, if necessary
Every case is unique, but most settlements are reached without going to court. However, having an experienced law firm like Constantinou & Burkert prepares you for every possible course of action.
Understanding Contributory Negligence in North Carolina
North Carolina follows the doctrine of contributory negligence. You may be barred from recovering compensation if you are even 1% at fault for the crash because this harsh rule makes establishing the other party’s liability essential.
Our attorneys collect and analyze all relevant facts, including:
Police reports
Medical records
Witness statements
Crash scene photos
Expert opinions
The strength of your case depends on how well your attorney can prove fault and show the extent of your damages.
The Importance of Legal Representation
Having a car accident attorney in Durham on your side can make a significant difference. Here’s how Constantinou & Burkert helps clients:
Offers free consultation and legal advice
Manages communication with insurance companies
Coordinates care with providers and hospitals
Ensures healthcare liens are addressed
Maximizes your settlement
If you or a loved one has been injured, don’t try to handle the claim alone. Let our team guide you through the process and help you focus on healing.
What If You Can’t Afford Treatment?
Sometimes, injured people avoid seeking medical treatment because they’re worried about the cost. However, delaying care can harm both your health and your case.
Some healthcare providers accept a Letter of Protection (LOP), which means they agree to wait for payment until your case settles. Your lawyer will work with these doctors and hospitals to ensure you get the care you need without paying out-of-pocket upfront.
Constantinou & Burkert Accident Injury Lawyers in Durham NC support accident victims in managing medical costs after collisions
Wages, Lost Income, and Additional Expenses
Beyond medical treatment, many accident victims experience a loss of wages. If you miss work due to your injuries, your claim should include this loss.
Other recoverable expenses may include:
Home or vehicle modifications
Childcare or household assistance
Transportation to medical appointments
Our goal is to capture all losses — both economic and non-economic — to help you recover fully.
Working with Constantinou & Burkert Accident Injury Lawyers
Our attorneys serve clients throughout North Carolina, providing comprehensive legal support in auto accident and personal injury cases. We work on a contingency fee basis — meaning you don’t pay unless we win your case.
Here’s why clients choose us:
Local knowledge of Greenville, Durham, Fayetteville, and beyond
Deep experience in car accidents and insurance cases
Personalized attention to every case
Aggressive advocacy during negotiations and in court
Contact Us Today for a Free Case Review
If you’re dealing with medical bills, insurance companies, and uncertainty after a car crash, don’t go through it alone. Contact Constantinou & Burkert Accident Injury Lawyers for a free consultation. Let us help you get the compensation, recovery, and peace of mind you deserve.
Call us or fill out our contact form with your name and phone number for validation. Visit our site map for more information about our services, team, and results.
Frequently Asked Questions
1. Can I still receive compensation if I wasn’t wearing a seatbelt during the crash?
Yes, but your compensation may be affected. Insurers could use North Carolina’s contributory negligence law to argue that your injuries were partially your fault. Legal representation is crucial in these cases to build a strong argument.
2. What types of evidence should I collect at the accident scene?
Gather photos of vehicle damage, the crash site, traffic signs, and any visible injuries. Also, collect contact information from witnesses, the other driver’s insurance details, and a copy of the police report if possible.
3. Should I speak with the other driver’s insurance company?
No. Avoid giving statements to the other driver’s insurer without consulting your attorney. Anything you say could be used to minimize or deny your claim.
4. How long do I have to file a personal injury claim after a car accident in North Carolina?
The statute of limitations is generally three years from the accident date. Missing this deadline can result in losing your right to seek compensation.
5. Will filing a claim raise my insurance premiums?
Not necessarily. If you’re not at fault, your premiums should not increase, especially if your insurer recovers the money from the at-fault party. However, it’s wise to check with your provider.
6. Can I recover compensation for emotional distress after a car accident?
Yes. North Carolina allows victims to seek damages for emotional distress, pain and suffering, and loss of enjoyment of life, in addition to economic losses.
7. What happens if a rideshare driver like Uber or Lyft hits me?
Rideshare drivers are covered under commercial insurance policies while transporting passengers. Determining which policy applies depends on the driver’s status during the crash.
8. Can passengers injured in a car accident file their claims?
Absolutely. Injured passengers can file claims against the at-fault driver(s), even if riding with a friend or relative.
9. What if the accident aggravated a pre-existing condition?
You can still recover compensation if the accident worsens a pre-existing condition. The law recognizes that negligent parties are responsible for the full extent of the harm caused.
10. Can I settle my car accident case without going to court?
Yes. Most car accident cases are resolved through negotiated settlements. However, your attorney should be prepared to litigate if a fair offer isn’t made.
