What steps do I need to take to gather police and medical records for my injury claim?: Answered for North Carolina personal injury claims
What steps do I need to take to gather police and medical records for my injury claim? - North Carolina
Short Answer
In North Carolina, request the official crash report (DMV-349) from the investigating police agency or the NCDOT crash report portal, and send written, HIPAA-compliant requests to each healthcare provider for your medical records and itemized bills. State law lets providers charge reasonable copy fees, and federal privacy rules generally require a response within 30 days. Include your ID, date range, delivery method, and ask for electronic copies to keep costs down.
Understanding the Problem
In North Carolina, how do you, as an injured driver, request the police crash report and your medical records to support your auto injury claim, and when should you do it? You want the DMV-349 crash report to show who investigated and what was recorded, and complete medical records and bills (including from your chiropractor) to prove your injuries and costs. Getting the right documents early helps you open a claim, negotiate with insurers, and, if needed, prepare a lawsuit.
Apply the Law
In North Carolina, police produce a DMV-349 crash report for qualifying collisions. That report is typically available from the investigating agency’s Records Unit or through NCDOT. Your medical records are available from each provider upon a valid written request that authorizes release. Providers may charge reasonable copy fees under state law and usually must respond within a set timeframe. If you later file suit, you will use these records as proof of liability, injury, and damages.
Key Requirements
Crash report access: Identify the investigating agency (local police, sheriff, or State Highway Patrol) and request the DMV-349 by incident date, location, and, if you have it, report number.
Medical records request: Send a written, HIPAA-compliant authorization to each provider’s Medical Records or Health Information Management department; include your name, DOB, date range (from crash to present), and delivery preference.
Itemized billing: Ask separately for itemized bills and payment ledgers from each provider; records and bills are distinct and you usually need both for a claim.
Response time: Providers generally must respond within 30 days; if they need more time, they should notify you and may take a short extension.
Copy fees: North Carolina allows reasonable charges for copying; electronic delivery can reduce costs.
Where to keep files: Organize a claim file that includes the crash report, all medical records, itemized bills, receipts, and insurer correspondence.
Apply the Rule to the Facts: Because the crash happened last year and another driver ran a red light, request the DMV-349 from the investigating agency to document fault and insurance information. For your ongoing lower back and shoulder treatment with a chiropractor, send written, HIPAA-compliant requests to the chiropractor and any other providers for complete records and itemized bills from the accident date to today. Track responses and fees, and keep receipts for out-of-pocket payments.
Process & Timing
Who files: You (or your attorney). Where: The investigating police department’s Records Unit or the North Carolina Department of Transportation crash report portal; and each provider’s Health Information Management/Medical Records department. What: Request the DMV-349 crash report; send a HIPAA-compliant medical records authorization and a separate request for itemized bills. When: Send requests now; providers generally have up to 30 days to respond.
Follow up if you do not receive records within 30 days; if a provider needs extra time, ask for a written explanation and updated delivery date. Verify completeness (chart notes, imaging, referrals, and all billing).
Save everything in a claim file. When complete, you can submit records and itemized bills to the insurer with your claim and keep copies for potential litigation.
Exceptions & Pitfalls
Body-worn or dash camera recordings are not released like standard reports; access typically requires a court order, so plan extra time if you seek video.
Records vs. bills are different; request both. Insurers often require itemized bills, not just account summaries.
Incomplete authorizations (missing ID, dates, or signature) cause delays; use each provider’s preferred form and specify the accident date range.
Ask for electronic delivery to reduce copy fees and speed up turnaround.
If a provider denies access, request the reason in writing and correct any deficiencies in your request; escalate if needed.
The three-year lawsuit deadline generally applies to personal injury claims in North Carolina; waiting on records does not pause that clock.
Conclusion
In North Carolina, gather injury-claim documentation by requesting the DMV-349 crash report from the investigating agency or NCDOT and sending written, HIPAA-compliant requests to each provider for complete medical records and itemized bills. Include ID, the crash-to-present date range, and ask for electronic delivery to control costs. Next step: send your written requests today and calendar a 30-day follow-up to confirm receipt and completeness.
Talk to a Personal Injury Attorney
If you’re dealing with getting crash and medical records for an injury claim, 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.
