Short Answer

In North Carolina, you do not have to give an insurance company blanket access to your prior medical records before a lawsuit is filed. You may choose to share only records that are reasonably related to the injuries at issue. If you refuse to provide any prior records, the insurer may discount or deny parts of your claim. If you later file suit, the defense can obtain relevant prior records through formal discovery, and a court can order production with limits.

Understanding the Problem

In a North Carolina personal injury claim, can you refuse an insurer’s request for prior medical records when the insurer questions whether your current symptoms are new or an aggravation of a prior condition? Here, the insurer is focused on an earlier concussion with ongoing treatment and wants “baseline” records before valuing your claim. You want to close the claim, but you are concerned about privacy and scope.

Apply the Law

Under North Carolina law, you have no pre-suit legal duty to sign a blanket medical authorization or to give an adjuster all of your past records. Insurers may condition their evaluation on seeing records related to the same body part or condition to determine baseline and aggravation. If you file a lawsuit, discovery rules allow the defendant to obtain nonprivileged, relevant medical records within a reasonable time window and scope, usually limited to the same body part or related conditions. North Carolina recognizes a physician–patient privilege, but placing your medical condition at issue narrows that privilege; a judge may compel production of records that are necessary and relevant while limiting overly broad requests.

Key Requirements

• Relevance and scope: Records must reasonably relate to the claimed injuries (same body part/condition) and to a sensible look-back period to show pre-accident baseline.
• No pre-suit duty to sign a blanket release: You can refuse broad authorizations and instead provide targeted records yourself.
• Discovery if you sue: After filing, the defense can request relevant records; courts can limit scope and time period and protect unrelated information.
• Privilege is limited by the claim: By putting your medical condition at issue, you open the door to some prior records, but not your entire history.
• Practical impact on settlement: Declining to provide any prior records may lead the insurer to discount causation and pay only for care it deems clearly new.

What the Statutes Say

• N.C. R. Civ. P. 26 (Scope of discovery) - Parties may obtain nonprivileged matter relevant to claims or defenses; courts can limit overbroad requests.
• N.C. Gen. Stat. § 8-53 (Physician–patient privilege) - Communications are privileged, but a judge may compel disclosure if necessary for justice.
• N.C. R. Civ. P. 45 (Subpoenas) - Allows subpoenas for records from providers, subject to objections and protective orders.

Analysis

Apply the Rule to the Facts: Because the dispute is whether your current symptoms are new or an aggravation of a prior concussion, the insurer’s request for targeted pre-accident concussion records is relevant. You can refuse a blanket release and instead provide a reasonable look-back of records for the concussion and related providers. If you provide nothing, the insurer will likely value only clearly new care and may reduce the offer. If you later sue, the defense can obtain relevant prior concussion records through discovery, with the court able to limit scope.

Process & Timing

1. Who files: You or your attorney. Where: Pre-suit, communicate with the insurance adjuster; if suit is filed, the case is in the North Carolina District or Superior Court in the county where filed. What: Offer insurer a targeted packet of prior records (same condition/body part) and, if needed, a narrowly tailored written authorization limited by provider, body part, and reasonable date range. When: Do this during claim evaluation to avoid delay.
2. If you file suit, expect written discovery and/or subpoenas to providers. Responses to discovery typically are due in about 30 days, and you can seek a protective order for overbroad requests.
3. Final step: Either a negotiated settlement (with a release) after records are reviewed, or court rulings on any discovery disputes that set the scope of what must be produced.

Exceptions & Pitfalls

• Overbroad requests: You can object to requests seeking entire lifetime records or unrelated body systems; ask to limit by condition, provider, and time.
• Blanket HIPAA authorizations: Avoid signing open-ended releases that allow ex parte contact or unrelated records; tailor the authorization.
• Privilege limits: Once you put your medical condition at issue, a court can compel relevant prior records despite privilege claims.
• Inconsistency risk: Withholding obviously relevant records can harm credibility if litigation reveals them later.
• Subpoena notice: If the insurer subpoenas providers after suit is filed, you can object or move to quash before production if the scope is improper.

Talk to a Personal Injury Attorney

If you’re dealing with an insurer demanding broad access to your medical history, our firm has experienced attorneys who can help you narrow the scope and protect your privacy while moving your claim forward. Reach out today. Call (919) 341-7055 or email intake@piercelaw.com.

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.