Why These Records Matter
In a car-accident injury claim, medical bills are used for two main purposes: (1) to show the cost of the care tied to the crash, and (2) to show what you still have to pay (or what must be paid out of the settlement before you can truly close the file).
North Carolina also has specific rules about proving medical expenses. In general terms, the law focuses on the amount actually paid for bills that have already been paid, and the amount actually necessary to satisfy bills that have been incurred but not yet paid. That is one reason insurers often ask for proof of the current balance, not just the original “charge.”
What to Request
- Core documents:
- Itemized bill(s) for each provider related to the crash (not just a one-line “balance due”).
- Current balance statement showing what is still owed as of a recent date.
- Billing ledger / account history showing payments, adjustments, and the remaining balance.
- Helpful add-ons:
- Proof of payment for any amounts you already paid out-of-pocket (receipts, card statements, or provider receipts).
- Explanation of benefits (EOBs) if any coverage paid anything (even if it was not “health insurance” in the usual sense). If nothing paid, you typically won’t have EOBs.
- Collection/assignment notice if the account was transferred to a billing vendor or collections (this helps show who currently claims the debt).
How to Request Them (General Steps)
- Identify the holder: Billing often comes from a separate billing office or vendor, even when treatment came from a hospital system or physician group. Ask for “billing” (money owed) documents, not just “medical records” (clinical notes).
- Authorization: Providers commonly require a signed authorization or a written request that verifies identity. If you have an attorney, the provider may also require a signed authorization before sending itemized billing and ledgers.
- Follow-up: Keep a simple log: date requested, who you spoke with, what was promised, and what you received. If you follow up, reference the prior request and ask for a specific deliverable (for example, “a statement showing the current balance and the date it was last updated”).
What to Do If Records Are Delayed, Missing, or Incorrect
- If the insurer wants an affidavit: An affidavit can help, but it should match the documents. If your paperwork shows a balance due, your sworn statement should not say something broader than you can prove.
- If the bill is “owed” but shows a $0 balance: That can happen if a third party paid it, it was adjusted, or it was written off. Ask for the account history so you can see what changed and why.
- If the bill is in collections: Ask for a current payoff/balance letter from the entity that now claims the debt. Also ask whether any lien was asserted against settlement proceeds.
- If amounts look inflated or duplicated: Request an itemization by date of service and compare it to your appointment dates. Billing errors are not rare, and correcting them can prevent settlement confusion.
- Know the lien issue in NC: In North Carolina, medical providers can assert liens on personal injury recoveries in certain situations, and the lien statutes include requirements about providing itemized statements and notice. If liens are in play, it can affect how settlement funds must be handled. (See generally N.C. Gen. Stat. § 44-49 and N.C. Gen. Stat. § 44-50.)
How This Applies
Apply to your situation: Because the insurer said the offer may increase if you confirm you have no health insurance and the bills remain owed, you will usually want (1) a current balance statement for each crash-related provider and (2) a billing ledger showing no third-party payments and the remaining amount due. If you provide an affidavit, keep it narrow and factual (what coverage you did or did not have, and what you still owe), and make sure it matches the documents you attach.
What the Statutes Say (Optional)
- N.C. Gen. Stat. § 8-58.1 – Allows an injured person to testify about amounts paid or required to be paid in full satisfaction of medical charges, when supported by records, and sets presumptions about reasonableness.
- N.C. Gen. Stat. § 44-49 – Creates certain medical provider liens on personal injury recoveries and includes notice/itemization requirements.
Conclusion
To support a higher settlement value based on unpaid medical bills, focus on clear proof: itemized bills, a current balance statement, and a billing ledger showing what remains due. If the insurer requests an affidavit, keep it accurate, limited, and consistent with the paperwork. If you are unsure whether a document is really “just an affidavit” (or it contains broader authorizations or settlement language), have a North Carolina attorney review it before you sign.
