Short Answer

Under North Carolina law, keep getting medically necessary prenatal and crash-related care and submit bills to your health insurance first. Notify the at‑fault driver’s insurer and your own auto insurer about the claim, and track all bills and insurance explanations of benefits. Medical providers and certain programs can assert liens on any settlement, but North Carolina caps and rules govern what must be repaid. Before accepting liability limits, give your underinsured motorist carrier notice and a chance to consent.

Understanding the Problem

You want to know how, in North Carolina, you can keep up with prenatal and crash-related appointments and pay the bills while your injury claim is pending. You were rear‑ended, went to the ER, and now have follow‑ups with an obstetrician (OB), a general surgeon, and possibly a chiropractor. You need a clear plan so care continues safely during pregnancy and the billing is handled the right way.

Apply the Law

North Carolina allows you to receive ongoing treatment and later recover crash‑related medical costs from the liable driver (or your underinsured motorist coverage if needed). Providers and certain benefit programs may assert statutory repayment rights against your settlement. State law also requires notice to your underinsured motorist (UIM) carrier and consent procedures before you accept the at‑fault insurer’s liability limits. Medicare and Medicaid have separate, mandatory reimbursement rules.

Key Requirements

• Keep treating and document everything: Attend OB and surgeon follow‑ups, use pregnancy‑safe care, and save records, bills, and explanations of benefits (EOBs).
• Bill health insurance first: Submit hospital, OB, surgeon, and therapy bills to your health plan; providers may later claim repayment from settlement funds.
• Track liens and reimbursements: North Carolina recognizes medical provider liens and requires repayment to Medicaid; Medicare also requires reimbursement under federal law.
• Notify insurers promptly: Open a claim with the at‑fault carrier and your own policy (including UIM). Give written notice of the claim and providers.
• Get UIM consent before settling limits: Before you accept the liability policy limits, request your UIM carrier’s consent or advance to preserve your UIM rights.

What the Statutes Say

• North Carolina Gen. Stat. § 44-49 (Medical provider liens) – Allows health care providers to assert a lien on personal injury recoveries for reasonable charges.
• North Carolina Gen. Stat. § 44-50 (Payment and enforcement) – Addresses payment of provider liens and limits on how much of a recovery can be applied.
• North Carolina Gen. Stat. § 108A-57 (Medicaid subrogation/lien) – Requires repayment to Medicaid from personal injury settlements.
• North Carolina Gen. Stat. § 20-279.21 (UM/UIM coverage) – Governs uninsured/underinsured motorist claims and consent-to-settle procedures.

Analysis

Apply the Rule to the Facts: Because you are pregnant, keep all OB and surgeon appointments and follow recommendations; that maintains your health and documents causation and necessity. Submit ER, OB, imaging, and therapy bills to your health insurer first. Your providers may claim a lien on any settlement, but North Carolina limits how much of your recovery can be used to pay those liens. If the at‑fault insurer offers its limits, send a written consent‑to‑settle request to your UIM carrier before accepting to preserve underinsured motorist benefits.

Process & Timing

1. Who files: You or your attorney. Where: Claims departments for the at‑fault driver’s insurer and your own North Carolina auto insurer. What: Notice of claim, medical provider list, and ongoing bills/EOBs; request confirmation of any MedPay and UIM coverage. When: Do this immediately after the crash and before significant bills go unpaid.
2. Send providers your claim numbers and ask them to bill your health insurance first. Request itemized statements and EOBs monthly; maintain a lien log (provider name, amount billed, amount paid by health plan, balance).
3. When liability limits are offered, deliver a consent‑to‑settle request to your UIM carrier with the offer letter and policy information; wait for consent or an advance. At settlement, resolve and pay valid liens (including Medicaid/Medicare, if applicable) and obtain written releases.

Exceptions & Pitfalls

• Medicaid and Medicare: These programs require reimbursement from settlements and have their own recovery rules; they are not subject to typical provider‑lien negotiation practices.
• State employee health plan: Special reimbursement rules can apply and may not follow standard provider‑lien limits.
• Settling without UIM consent: Accepting liability limits without your UIM carrier’s consent can jeopardize underinsured motorist benefits.
• Providers refusing to bill health insurance: Keep insisting on primary billing to health insurance and document your requests; this helps manage balances and interest.
• Pregnancy care coordination: Get OB clearance for chiropractic or physical therapy; use pregnancy‑safe imaging and medications and have providers note those restrictions in records.

Talk to a Personal Injury Attorney

If you’re dealing with ongoing prenatal and crash-related treatment and mounting medical bills, 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.