Understanding the Problem

If you are in North Carolina and you are still getting chiropractic care after an accident, you may wonder whether you can (or must) wait until you are done treating before your injury claim can move forward—especially if you had a short break in treatment due to travel.

Apply the Law

North Carolina injury claims usually start as an insurance claim, not a lawsuit. You can report the claim, gather records, and communicate with insurance adjusters while treatment is ongoing. The bigger legal pressure point is the deadline to file a lawsuit if the claim does not resolve: most personal injury lawsuits must be filed within three years (often measured from when the injury becomes apparent, which is commonly the date of the crash). If you miss that deadline, you can lose the right to pursue the claim in court even if you are still treating.

Key Requirements

• Documented injury and treatment: Your medical records need to show what you were diagnosed with, what care you received, and how you responded over time.
• Medical causation: The records should connect your symptoms and treatment to the accident, not to something else.
• Reasonable, consistent care: Gaps in treatment can be explained, but insurers often argue that long or unexplained gaps mean you were better or that something else caused the problem.
• Proof of damages: Bills, records, and (when appropriate) provider opinions help show what the accident cost you and what care you may still need.
• Deadline awareness: If settlement talks stall, you may need to file suit before the statute of limitations expires to preserve the claim.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three years) - Provides a three-year limitations period for many civil actions, including many personal injury claims.
• N.C. Gen. Stat. § 90-411 (Record copy fee) - Allows health care providers to charge regulated fees for copying medical records, which affects how quickly records and bills can be gathered for a claim.
• N.C. Gen. Stat. § 1-139 (Burden of proof of contributory negligence) - Places the burden on the party asserting contributory negligence, a defense that can affect whether an insurer will pay and how aggressively it will dispute the claim.

Analysis

Apply the Rule to the Facts: Because a claim has already been opened using the police report, the claim can continue to move forward even while you keep treating. Your short break in chiropractic care due to travel does not automatically stop the claim, but it can become a talking point for an insurer unless the records clearly show you resumed care and why the break occurred. Waiting until treatment ends before requesting records and contacting insurers can slow the claim and, in some cases, compress the time available to negotiate before the three-year lawsuit deadline.

Process & Timing

1. Who files: The injured person (or their attorney) makes the insurance claim. Where: With the at-fault driver’s liability insurer (and sometimes your own insurer). What: A claim notice, plus signed medical authorizations so records and bills can be requested. When: As soon as practical after the accident—do not wait until treatment ends if the insurer needs information to evaluate the claim.
2. Records and bills are gathered: Providers and facilities often take time to produce complete records and itemized billing, and copying fees may apply. It is common to request records in stages (for example, initial visit notes first, then updated records later) so the claim does not sit idle.
3. Settlement discussions usually happen when the picture is clearer: Many insurers want to see that treatment has ended or that your provider has documented a stable condition and any expected future care before making a serious offer. If the case does not resolve, a lawsuit may need to be filed in the appropriate North Carolina trial court before the deadline to preserve the claim.

Exceptions & Pitfalls

• Gaps in treatment: A short break (like travel) is often explainable, but unexplained gaps can let an insurer argue you recovered or that a different event caused your symptoms. Keep your providers informed so the chart reflects the reason for the gap.
• Settling too early: If you settle before your condition stabilizes, you typically cannot go back later for more money if symptoms return or you need additional care.
• Waiting too long to build the file: Delaying record requests and insurer contact can make it harder to document the early course of symptoms and can reduce leverage as the statute-of-limitations deadline approaches.
• Contributory negligence disputes: North Carolina’s contributory negligence rule can make insurers scrutinize fault issues closely; inconsistent statements or incomplete documentation can create avoidable disputes.
• Incomplete documentation of future care: If you may need ongoing treatment, the claim is stronger when your provider documents the medical reason for continued care and expected course, rather than leaving it unclear.

Conclusion

You do not have to finish all medical treatment before your North Carolina injury claim can move forward, but many claims are not ready to settle until your condition is stable and the records show the full course of care. A short treatment break can be addressed with clear documentation, but delaying the claim process can create avoidable problems. The key legal deadline is often the three-year statute of limitations—so the next step is to start gathering medical records and bills now so the claim can be evaluated well before that deadline.

Talk to a Personal Injury Attorney

If you're dealing with an accident claim while you are still treating, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call [CONTACT NUMBER].

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.