Understanding the Problem

If you were rear-ended in North Carolina and went to the emergency room but then couldn’t get follow-up care because you didn’t have transportation, you are likely asking: can I still get treatment now, and how do I protect my injury claim from being hurt by the delay?

Apply the Law

In a North Carolina car-accident injury claim, the insurance company often argues that a treatment gap means you were not really hurt or that something else caused your symptoms. North Carolina law does not require you to receive treatment on a perfect schedule, but it does require you to prove your injuries and connect them to the crash with credible medical evidence. That is why your next steps matter: getting appropriate care, creating a clear medical timeline, and preserving proof of why the delay happened.

Also, be careful about how you choose follow-up care. North Carolina restricts health care providers from initiating direct personal or telephone contact with an injured person for 90 days after an injury if the purpose is to induce you to become their patient. If you were contacted directly, that is a red flag and you should slow down and choose care based on medical need, not pressure.

Key Requirements

• Documented medical connection: Your records should clearly tie your symptoms and diagnosis to the crash, including what changed after the impact and what the ER found.
• Reasonable follow-up: Get follow-up care that matches your symptoms (for example, primary care, orthopedics, physical therapy, or chiropractic care if appropriate) and follow the plan.
• Explain the gap: Make sure the reason for the delay (no transportation/rental) is consistently documented in your medical history and in your own records.
• Proof of efforts: Keep texts/emails/call logs showing you tried to schedule appointments, find rides, or arrange alternate transportation.
• Avoid improper solicitation: Be cautious if a provider called or showed up to sign you up soon after the crash; choose providers you contact yourself.
• Plan for bills and liens: Medical providers may claim a lien on settlement funds in certain situations, so keep billing organized and do not assume bills “go away.”

What the Statutes Say

• N.C. Gen. Stat. § 90-401.1 (Direct solicitation prohibited) - Limits direct in-person or phone solicitation by health care providers for 90 days after an injury.
• N.C. Gen. Stat. § 44-49 (Medical liens) - Allows certain medical providers and entities to assert a lien on personal-injury recoveries if statutory steps are followed.

Analysis

Apply the Rule to the Facts: You went to the ER after a rear-end collision but then had trouble getting follow-up care because you lacked transportation. That kind of gap is common, but insurers may argue it means your injuries were minor or resolved. The best way to reduce that risk is to (1) restart care promptly, (2) make sure the transportation issue is documented as the reason for the delay, and (3) keep proof you were trying to get treated during the gap.

Process & Timing

1. Who schedules: You (or a family member/friend helping you). Where: With an appropriate medical provider in North Carolina (often primary care, urgent care, orthopedics, physical therapy, or chiropractic). What: Ask for an evaluation focused on crash-related symptoms and functional limits, and request that the provider note the reason for any treatment delay in the history. When: As soon as transportation is available; do not wait for the claim to “settle” before getting medically necessary care.
2. Build a paper trail: Keep a simple timeline: crash date, ER visit, dates you tried to schedule follow-up, why rides fell through, and the first available appointment you could attend.
3. Coordinate bills and records: Save discharge instructions, imaging reports, prescriptions, and all bills. If you later resolve the claim, liens and billing disputes are easier to address when records are complete and itemized.

Exceptions & Pitfalls

• “I felt better, then worse” gaps: If symptoms improved and later returned, insurers may argue a new cause. Tell your provider the full timeline so the record reflects what happened and when symptoms returned.
• Inconsistent explanations: If you tell one provider “I was fine” and another “I couldn’t get a ride,” that inconsistency can be used against you. Be accurate and consistent.
• Over-treating or under-treating: Skipping care can look like you were not hurt, but excessive or unrelated treatment can also be attacked. Follow medical advice and keep treatment tied to symptoms and function.
• Signing confusing paperwork: Some clinics use forms that assign benefits, authorize broad billing, or acknowledge a lien. Read before signing and keep copies.
• Assuming transportation problems “don’t matter”: They matter because they explain the gap. Document the barrier and your efforts to overcome it.

Conclusion

If you couldn’t get follow-up treatment after a North Carolina car crash because you lacked transportation or a rental car, that delay does not automatically defeat your claim, but you should treat it like an issue you must explain and document. The practical goal is to restart appropriate care and create a clear record that the gap happened for a real-life reason, not because you were uninjured. Next step: schedule follow-up care and ask the provider to document the transportation-related delay in your history at the visit.

Talk to a Personal Injury Attorney

If you're dealing with a treatment gap after a crash because you couldn’t get transportation, our firm has experienced attorneys who can help you understand how insurers view delays, how to document the reason for the gap, and what timelines to watch as your claim moves forward. Call (919) 341-7055 to talk about your options.

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.