Short Answer

Yes. In North Carolina you can continue investigating, make a claim, and, if needed, file a lawsuit even if you don’t yet have medical lien statements or the insurer’s claim/policy details. You must still protect the statute of limitations, and you cannot disburse any settlement until valid liens are addressed. Insurers may not disclose policy limits pre-suit, but you can obtain coverage information through litigation discovery if necessary.

Understanding the Problem

You’re asking whether you can press ahead with a North Carolina personal injury claim when the insurer has not provided a claim number or policy information and a requested medical lien statement has not arrived. The decision point is whether you can act now—file, serve, and negotiate—or must wait for those documents. One key fact: your team called the insurer and reached voicemail, so you still lack claim details.

Apply the Law

North Carolina law allows you to start and litigate an injury claim without having lien confirmations or the insurer’s policy information in hand. The main constraints are: meet the filing deadline (typically three years for negligence-based bodily injury, two years for wrongful death), ensure timely service, and resolve valid medical liens before disbursing any recovery. Medical providers’ liens arise by statute and attach to your recovery; providers must supply itemized statements upon request. Insurers often do not disclose policy limits pre-suit, but coverage details can be obtained through formal discovery after filing.

Key Requirements

• Preserve the deadline: File the complaint before the statute of limitations expires; then timely serve the defendant to keep the case alive.
• Proceed without pre-suit policy info: You may file and serve the defendant; the insurer will typically get involved after service and must provide coverage information in discovery.
• Honor valid medical liens: Request itemized statements early; you must address statutory provider liens before disbursing settlement funds.
• Keep summons/service on track: If the sheriff/other service fails within the initial period, obtain an endorsement or alias and pluries summons to maintain the case.
• Notify your own carrier if UM/UIM may apply: Give prompt notice to preserve coverage rights if the at-fault driver is uninsured or underinsured.

What the Statutes Say

• North Carolina Gen. Stat. § 44-49 (Medical provider liens) - Creates liens in favor of medical providers for treatment of injury claims and requires itemized statements on request.
• North Carolina Gen. Stat. § 44-50 (Enforcement and limits) - Governs enforcement and limits of medical liens against settlements.
• North Carolina Gen. Stat. § 1-52 (Three-year limitations) - Sets the general three-year filing deadline for most negligence-based injury claims.

Analysis

Apply the Rule to the Facts: Your firm can move forward: continue evidence gathering and, if negotiations stall, file a complaint within the applicable limitations period. Service on the defendant will typically trigger insurer involvement even without a pre-suit claim number. Keep pressing providers for itemized lien statements; you must resolve valid liens before disbursement. If UM/UIM could be in play, give your own insurer prompt notice while you pursue the at-fault party.

Process & Timing

1. Who files: The injured person (plaintiff). Where: File your complaint with the Clerk of Superior Court in the North Carolina county where the defendant resides or where the crash occurred, in District or Superior Court depending on the amount in controversy. What: Civil Summons (AOC-CV-100) and a Complaint stating your claims. When: File before the limitations period runs (commonly three years for negligence; two years for wrongful death) and serve the summons within the allowed time.
2. After filing and service, the insurer usually assigns defense counsel. Exchange initial information and request policy details through written discovery if they are not volunteered.
3. When settling or after judgment, resolve all valid medical liens (and any Medicare/Medicaid/TRICARE interests) before disbursing funds. Expect a release and closing statement at resolution.

Exceptions & Pitfalls

• Shorter or different deadlines: Claims against government entities or wrongful death actions can have different timelines and venues; confirm early.
• Lien traps: Settling without securing itemized statements and negotiating valid liens can delay payment or cause double-pay risk. Request lien statements in writing and track all payers.
• Coverage issues: If the at-fault driver is uninsured/underinsured, give your own insurer prompt UM/UIM notice to preserve benefits.
• Service missteps: If you can’t serve the defendant within the initial window, timely seek an endorsement or alias and pluries summons to avoid dismissal.

Talk to a Personal Injury Attorney

If you're dealing with an unresponsive insurer or missing lien statements, 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.