Short Answer

In North Carolina, you can claim reasonable out-of-pocket expenses caused by the injury, including transportation to and from necessary medical appointments. To get these paid, document your trips (date, provider, round-trip miles, and purpose), add parking/tolls, and submit them to the adjuster before you sign the release. Many adjusters accept a per-mile rate (often the IRS medical mileage rate) if you provide a clear log and receipts. Once you sign a release, you typically cannot ask for more.

Understanding the Problem

North Carolina: Can I include mileage and related out-of-pocket costs in my personal injury settlement before signing the insurer’s release? You, the injured person, want payment for travel to urgent care and primary care visits related to the incident. The key timing question is whether you must itemize and submit these expenses to the adjuster before you sign the release paperwork.

Apply the Law

Under North Carolina law, personal injury damages include out-of-pocket economic losses that were reasonably necessary to diagnose or treat your injury and were caused by the incident. Transportation to medical appointments, parking, and tolls can be included if you prove they were necessary and the amounts are reasonable. Pre-suit, you present this to the at-fault insurer’s adjuster; if suit is filed, you claim it as part of damages in the county’s Superior Court. The practical deadline is before you sign a release because that release usually closes the claim.

Key Requirements

• Necessity: The trip was for reasonable and necessary medical care tied to the injury (e.g., urgent care, follow-ups, therapy, imaging, specialist referrals).
• Causation: The need to travel arose because of the accident-related injury.
• Documentation: Keep a mileage log (date, provider, location, round-trip miles, purpose) plus receipts for parking and tolls.
• Reasonableness: Use a consistent, customary method to value miles (commonly a per-mile rate) and avoid inflating routes or double-counting gas.
• Timing: Give the log and receipts to the adjuster and confirm inclusion in the settlement before you sign the release.

What the Statutes Say

• North Carolina Gen. Stat. § 8-58.1 (Medical charges as evidence) - Sets how medical bills show reasonableness/necessity of treatment.
• North Carolina Gen. Stat. § 44-49 (Medical provider liens) - Allows providers to claim a lien on injury recoveries for medical services rendered.
• North Carolina Gen. Stat. § 44-50 (Distribution of proceeds) - Governs how settlement funds are distributed and caps lien payouts.

Analysis

Apply the Rule to the Facts: Your urgent care and primary care visits were necessary treatment for your injury, so mileage to those appointments is generally recoverable if you document it. Keep a simple log with each appointment’s date, provider, location, and round-trip miles, and include receipts for parking or tolls. Calculate the mileage using a standard per-mile rate and send the total, with your supporting log, to the adjuster before you sign the release. Confirm in writing that these amounts are included in the final settlement figure.

Process & Timing

1. Who files: You or your attorney. Where: Submit to the at-fault insurer’s claims adjuster. What: A mileage log (date, provider, address, round-trip miles, purpose) plus receipts for parking/tolls; a brief cover note requesting reimbursement at a stated per-mile rate. When: Before you sign any release or settlement paperwork.
2. The adjuster reviews your documentation, compares it to medical records, and may ask for clarification (for example, a map printout or provider referral). This review often takes days to a few weeks, depending on the insurer and workload.
3. Once agreed, the insurer issues updated settlement paperwork reflecting the mileage and related expenses. After you sign the release, payment is processed and disbursed, typically with an itemized settlement statement.

Exceptions & Pitfalls

• Non-treatment trips (e.g., general errands) are usually not compensable; stick to medical visits, therapy, imaging, and pharmacy trips tied to prescribed care.
• Do not double count: if you use a per-mile rate, do not also submit gas receipts for the same trips.
• Use reasonable routes and round-trip totals; exaggerated or inconsistent miles invite reductions.
• Keep simple proof of necessity when possible (e.g., referral notes or appointment confirmations) to link each trip to your treatment.
• Provider liens apply to medical charges, not your mileage; however, liens can affect your net recovery, so build mileage into the top-line settlement amount.

Talk to a Personal Injury Attorney

If you're dealing with an injury claim and want to make sure your mileage and out-of-pocket costs are included before you sign a release, our firm has experienced attorneys who can help you understand your options and timelines. Call us today.

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.