You have 3 years from the crash date to file a North Carolina injury lawsuit, but you should use Medicare now, not wait for the drunk driver's insurance to decide anything.

The next question you should be asking is: who has to be repaid out of any settlement, and in what order?

Waiting is the expensive mistake. Liability carriers do not pre-approve your treatment, and they usually do not pay medical providers as bills come due. After a Memorial Day, July 4th, Labor Day, or Thanksgiving crash on Charlotte roads like I-85, bills can go to collections long before a claim resolves.

Medicare can pay first as a conditional payer when another party may be responsible later. That keeps treatment moving and reduces the risk that a provider refuses follow-up care because you have no cash.

What matters in North Carolina is documenting the crash connection fast:

• Get the CMPD crash report or the investigating agency's report.
• Tell every provider the injuries came from the crash.
• Check for MedPay coverage on your own auto policy; it can pay regardless of fault.
• Keep every bill, EOB, and prescription receipt.

If the other driver was insured, remember North Carolina only requires $30,000 in bodily injury liability coverage per person. That is often not enough for an older patient with imaging, specialists, and rehab.

If Medicare pays, Medicare may seek reimbursement from a settlement. If you also have a Medicare Advantage plan, that plan may assert its own recovery claim. If Medicaid paid, North Carolina's Medicaid recovery rules can apply too.

Do not assume "insurance will handle it later." The smarter path is treatment first, with Medicare and any available MedPay, while preserving the liability claim before the 3-year deadline under N.C. Gen. Stat. § 1-52.