Short Answer

In North Carolina, insurers weigh liability, causation, the reasonableness and necessity of chiropractic treatment, and the amount of recoverable medical expenses. By law, past medical damages are generally limited to amounts actually paid or still owed to satisfy medical charges, and itemized bills can establish reasonableness. Adjusters also examine timing and gaps in care, treatment duration and frequency, objective findings, prior conditions, pain and activity limits, and policy limits before making an offer.

Understanding the Problem

You want to know how a North Carolina auto insurer values chiropractic care after a crash. The focus is whether the insurer will pay for two months of chiropractic visits that followed urgent care after an auto accident, and what factors drive the offer. This question matters because the offer often turns on proof of causation, medical necessity, and how North Carolina limits recoverable medical expenses.

Apply the Law

Under North Carolina law, settlement value starts with liability and causation. Medical bills support damages if the care was reasonably necessary to treat crash-related injuries. For past medical expenses, North Carolina evidence rules generally limit what a jury may consider to amounts actually paid to satisfy medical bills and amounts still owed that are necessary to satisfy those bills. Itemized statements or affidavits can help establish the reasonableness of charges. Insurers then apply policy limits and claim-handling criteria to reach an offer.

Key Requirements

• Liability and contributory negligence: The at-fault driver must be legally responsible; if you share fault, recovery can be barred under North Carolina’s contributory negligence rule.
• Causation: The chiropractic care must be linked to the crash, not solely to a prior or unrelated condition.
• Reasonableness and necessity: Frequency, duration, and type of chiropractic treatment should match the injury and clinical findings.
• Recoverable medical expenses: Past medical damages generally reflect amounts actually paid or still owed to satisfy medical charges, not the full amounts initially billed.
• Coverage and liens: Policy limits cap what an insurer will pay; medical providers and insurers may have statutory or contractual lien rights that must be resolved from the settlement.

What the Statutes Say

• North Carolina Rule of Evidence 414 (Amounts of medical expenses) - Limits evidence of past medical expenses to amounts paid and amounts necessary to satisfy unpaid charges.
• G.S. 8-58.1 (Proof of medical charges) - Allows itemized bills and certain statements to evidence the reasonableness of medical charges.
• G.S. 44-49 (Medical provider liens) - Gives medical providers a lien against personal injury recoveries for their reasonable charges.
• G.S. 1-52 (Three-year limitation) - Sets the general three-year deadline to file most personal injury lawsuits.

Analysis

Apply the Rule to the Facts: Here, liability and causation drive value; prompt urgent care supports a crash-related cause for the neck, back, and shoulder soft-tissue injuries. Two months of chiropractic visits can be reasonable if records show consistent symptoms, exam findings, and functional limits. For past medical expenses, the recoverable amount will track what was paid or remains owed for those chiropractic bills, not necessarily the original sticker price. Policy limits and any provider or insurer liens also influence the net offer.

Process & Timing

1. Who files: The injured person (through counsel). Where: Open a bodily injury claim with the at-fault driver’s insurer; if suit is needed, file a civil complaint with the Clerk of Superior Court in the appropriate North Carolina county. What: Send a demand package with itemized medical bills, records, and documentation of lost time/activities. When: Aim to resolve or, if needed, file suit within the three-year statute of limitations in most cases.
2. Insurer evaluation: 2–8 weeks is common after a complete demand. Adjusters review liability, treatment timing and gaps, objective findings, paid vs. owed medical amounts, and policy limits; they may request clarifications or prior records.
3. Settlement or litigation: If settlement terms are reached, finalize releases and address liens before disbursement. If not, proceed with filing and serve the defendant through the Sheriff or other permitted methods.

Exceptions & Pitfalls

• Contributory negligence: Any proven fault by the injured person can bar recovery; adjusters scrutinize statements, crash reports, and photos.
• Gaps or sporadic care: Delays in starting or large gaps in chiropractic treatment can trigger “not necessary” reductions.
• Overly frequent or prolonged care: Long treatment without improvement or objective findings invites cuts for lack of necessity.
• Prior injuries: Similar pre-existing conditions require clear records distinguishing old symptoms from new aggravation.
• Amounts billed vs. paid: Demands based solely on gross billed charges may be discounted to what was paid or still owed.
• Liens and subrogation: Not addressing provider or insurer repayment rights can delay settlement or reduce net proceeds.
• Policy limits: Even strong cases can be capped by available liability or UM/UIM coverage.

Talk to a Personal Injury Attorney

If you're dealing with a low offer for chiropractic care after a crash, our firm has experienced attorneys who can help you understand your options and timelines. Reach out 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.