How does being a passenger affect who pays for my medical bills and pain and suffering after a crash? – North Carolina

Short Answer

In North Carolina, being a passenger usually helps because the passenger often has little or no responsibility for causing the crash. Medical bills and pain-and-suffering damages are typically paid (up to available limits) by the liability insurance of the driver(s) who were at fault, and sometimes by uninsured/underinsured motorist (UM/UIM) coverage if the at-fault coverage is missing or not enough. A passenger may also have multiple insurance “paths” available at the same time, but each path has notice and paperwork requirements.

Understanding the Problem

In a North Carolina multi-vehicle crash, can an injured passenger recover payment for medical bills and pain and suffering from one driver’s insurance, multiple drivers’ insurance, or uninsured/underinsured motorist coverage—and does passenger status change who is responsible to pay? The key decision point is whether one or more drivers (or another party) can be shown to be legally at fault for the collision that caused the passenger’s injuries.

Apply the Law

North Carolina generally allows an injured passenger to pursue a bodily-injury claim against the person or persons whose negligence caused the crash. “Medical bills” are part of the damages claim, and “pain and suffering” is also a recognized category of damages in an injury claim, typically proven through medical records, treatment history, and how the injury affected day-to-day life. If the at-fault party has no insurance, cannot be identified (hit-and-run), or does not have enough coverage, UM/UIM coverage may apply under a motor vehicle liability policy. These claims are usually handled through insurance adjustment first, and sometimes through a lawsuit filed in North Carolina state court if the claim does not resolve.

Key Requirements

Fault (negligence) by someone other than the passenger: A driver (or other responsible party) must have caused the crash through careless driving or another breach of duty.
Causation and injury proof: The crash must be a cause of the passenger’s injuries, supported by timely medical evaluation and consistent follow-up care.
Available coverage and proper claim setup: Recovery depends on identifying all applicable liability policies and any UM/UIM coverage, and meeting notice and claim-handling requirements.

What the Statutes Say

N.C. Gen. Stat. § 20-279.21 (Motor vehicle liability policies; UM/UIM coverage) – Requires uninsured motorist coverage and addresses when underinsured motorist coverage applies, who is an “insured,” notice concepts, and key UM/UIM procedures.
N.C. Gen. Stat. § 1-540.2 (Property damage settlement not a release of injury claim) – Clarifies that settling vehicle property damage does not automatically settle bodily-injury claims unless the written agreement clearly says so.

Analysis

Apply the Rule to the Facts: The facts describe an injured passenger with same-day emergency care and follow-up chiropractic treatment for neck and back pain. Passenger status often reduces arguments that the injured person caused the crash, which can make it easier to focus the claim on which driver(s) were at fault and what insurance applies. The adjuster’s request for an attorney representation letter to establish a separate bodily-injury claim is consistent with the idea that the passenger’s injury claim is distinct from other claims arising from the same collision, including a fatality claim involving another person.

Process & Timing

Who files: The injured passenger (through counsel, if represented). Where: Typically with the liability insurer(s) for the at-fault driver(s) and, if applicable, the UM/UIM carrier for the vehicle the passenger occupied and/or any other applicable policy. What: A representation letter, claim notice, and supporting documents (crash report, medical records/bills, wage information if applicable). When: As soon as practical after treatment begins, especially if UM/UIM may be involved.
Investigation and coverage review: The insurers evaluate fault, confirm policy limits, and request medical documentation. In multi-vehicle crashes, this step may take longer because multiple adjusters, statements, and coverage layers may be involved.
Resolution or suit: If the claim does not resolve through insurance negotiations, a lawsuit may be filed in North Carolina state court against the at-fault driver(s). If UM/UIM applies, the UM/UIM carrier may have statutory rights to participate in the case and specific notice rules may apply under the policy and North Carolina law.

Exceptions & Pitfalls

Passenger conduct can still matter: While passengers often are not at fault, unusual facts (for example, distracting a driver or knowingly riding with an impaired driver) can create defenses that reduce or bar recovery.
Multiple policies and “who is insured” issues: Whether UM/UIM applies can depend on how the policy defines an insured person (often including guests/occupants) and which vehicle/policy is primary.
Paperwork that accidentally releases claims: Signing broad releases (or confusing property-damage paperwork with injury paperwork) can create avoidable problems. North Carolina law addresses property-damage settlements separately, but the written agreement language still matters.

Conclusion

In North Carolina, being a passenger usually means the injury claim focuses on which driver(s) caused the crash and what insurance coverage applies, rather than blaming the passenger. Medical bills and pain and suffering are typically pursued through the at-fault driver’s liability coverage, and UM/UIM coverage may apply if the at-fault coverage is missing or not enough. The most important next step is to send a written representation/claim notice to the relevant liability and UM/UIM insurers promptly to preserve coverage and start the bodily-injury claim process.

Talk to a Wrongful Death Attorney

If a passenger injury claim is being handled alongside a fatal accident file, it is easy for coverage issues and deadlines to get confusing. Our firm has experienced attorneys who can help explain how liability coverage and UM/UIM claims typically work in North Carolina and what information insurers usually need. 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.