Short Answer

Yes—if you can prove the expenses were reasonably necessary and caused by the crash, uninsured motorist (UM) coverage can pay them because UM pays the damages you are legally entitled to recover from the at‑fault uninsured driver. However, your insurer does not have to pay the same expense twice. Amounts already paid by workers’ compensation or another source for the same item (like medical bills) will be offset. Document your mileage and other out‑of‑pocket costs to support the claim.

Understanding the Problem

You were hurt in a North Carolina crash and made a UM bodily injury claim. Workers’ compensation paid your hospital and emergency medical bills. Your UM insurer says the policy bars duplicate payment for covered medical expenses but has offered a settlement that includes mileage. You want to know if mileage and other out‑of‑pocket costs are recoverable under your UM policy in North Carolina.

Apply the Law

In North Carolina, UM coverage pays the damages you are legally entitled to recover from the at‑fault uninsured driver. That includes reasonable out‑of‑pocket losses caused by the crash, such as travel to medical appointments, prescriptions, bandages, and similar costs—if you can prove they were necessary and related. Your policy’s “no duplicate payment” language means the insurer can credit amounts already paid by workers’ compensation or other sources for the same category of loss. Disputes go to Superior Court if the claim does not settle; the typical personal injury filing deadline is three years from the crash.

Key Requirements

• Covered damages: The expense must be a category of tort damages you could recover from the uninsured driver (not a purely contractual policy benefit).
• Causation and necessity: Show the expense was reasonably necessary and caused by the crash (keep receipts, logs, and provider notes).
• No double recovery: The insurer can offset amounts already paid for the same item by workers’ compensation, medical payments coverage, or similar sources.
• Policy limits and liens: Total UM recovery is capped by policy limits and may be reduced by liens or statutory credits.
• Forum and timing: Start with a claim to your UM insurer; unresolved disputes are filed in Superior Court within the applicable limitation period.

What the Statutes Say

• North Carolina Gen. Stat. § 20-279.21 (Motor Vehicle Liability Policies) – Requires UM coverage and pays damages the insured is legally entitled to recover from an uninsured motorist.
• North Carolina Gen. Stat. § 97-10.2 (Workers’ compensation liens) – Governs workers’ compensation liens and credits against third‑party recoveries, which can include UM recoveries.
• North Carolina Gen. Stat. § 1-52 (Three‑year limitation) – Sets the general three‑year deadline for filing personal injury actions.

Analysis

Apply the Rule to the Facts: Because workers’ compensation already paid your hospital and emergency medical bills, your UM carrier can credit those payments and does not have to pay those same bills again. Mileage and other out‑of‑pocket costs that workers’ compensation did not pay can be recoverable under UM if they were reasonably necessary and tied to your treatment. Detailed mileage logs, receipts, and provider records strengthen that part of your claim.

Process & Timing

1. Who files: You (through your attorney). Where: First, with your own auto insurer’s UM claims department; if unresolved, file a civil action in the Superior Court for the county where the crash occurred or where a defendant resides. What: Provide a detailed demand with medical records, bills, a mileage log, receipts, and wage proof; if filing suit, a civil complaint naming the uninsured driver (and serving your UM carrier). When: Aim to notify your insurer promptly per your policy; the general deadline to file suit for bodily injury is three years from the crash.
2. Negotiation and evaluation: The insurer reviews liability, medicals, and specials (including mileage and receipts). Many contested UM claims go to a mediated settlement conference after suit is filed; timelines vary by county.
3. Resolution: Settlement payment with lien resolution and any required approvals; or judgment after trial. If a workers’ compensation lien applies, expect lien resolution and, in some cases, approval through the Industrial Commission as part of settlement administration.

Exceptions & Pitfalls

• Duplicate payments: If workers’ compensation reimbursed an expense (including mileage), the UM carrier can offset it—do not count it twice.
• Documentation gaps: Insurers often deny mileage without a contemporaneous log (date, destination, purpose, miles). Keep receipts for prescriptions, parking, and supplies.
• Causation disputes: Travel must be for crash‑related care; unrelated trips will be excluded.
• Liens and approvals: Workers’ compensation liens attach to third‑party/UM recoveries and must be resolved; some settlements require Industrial Commission involvement.
• Policy conditions: Late notice or incomplete proof can delay or jeopardize payment; follow your policy’s claim and proof‑of‑loss requirements.

Talk to a Personal Injury Attorney

If you’re dealing with a UM claim and questions about mileage and out‑of‑pocket reimbursements, 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.