Short Answer

Yes. In North Carolina, you can recover medical expenses that are reasonable, necessary, and proximately caused by the accident—even if they were incurred after the insurer stopped paying or after a break in treatment. An insurer’s cutoff is not the legal limit; a court or jury decides. You will need records and, often, a treating provider’s opinion linking the later care to the original injury, and recovery is generally limited to amounts actually paid or owed to satisfy the bills.

Understanding the Problem

In North Carolina personal injury cases, can you include later medical bills in your claim when the liability insurer refuses to cover treatment beyond a date it chose? Here, the insured discharged you at maximum medical improvement, you paused care, then restarted chiropractic treatment, and the insurer declined to pay anything after its cutoff while making a settlement offer. You want to know if those later costs can still be recovered.

Apply the Law

North Carolina allows an injured person to recover medical expenses that are both (1) proximately caused by the crash and (2) reasonable and necessary in amount and type. An insurer’s internal policy or cutoff does not control liability; judges and juries decide based on the evidence. Itemized medical bills and records can help prove the amount of charges, but you typically still need medical proof that later treatment relates to the accident. The measure of recoverable medical expenses presented at trial is limited to amounts actually paid to satisfy the charges and amounts still owed to satisfy them. Personal injury cases are filed in the General Court of Justice (District or Superior Court), and most must be brought within three years of the injury.

Key Requirements

• Causation: The later care must stem from the accident (including flare-ups or aggravation), not an unrelated cause.
• Reasonable and necessary: The treatment type, frequency, and cost should make medical sense for your condition.
• Proof: Use itemized bills, records, and a treating provider’s opinion tying the resumed care to the original injury.
• Amount recoverable: Generally limited to amounts actually paid or still owed to satisfy the medical bills.
• Forum and deadline: If negotiation fails, file suit in North Carolina state court within three years of the accident.

What the Statutes Say

• N.C. R. Evid. 414 (Medical expenses evidence) - At trial, evidence of medical expenses is limited to amounts actually paid and amounts necessary to satisfy outstanding charges.
• N.C. Gen. Stat. § 8-58.1 (Medical bills and records) - Itemized medical bills and records can be used to prove medical charges without calling every provider to testify.
• N.C. Gen. Stat. § 1-52 (Statute of limitations) - Most negligence-based personal injury claims must be filed within three years from the date of injury.

Analysis

Apply the Rule to the Facts: Your post-MMI chiropractic bills can be recoverable if your provider explains that the resumed care was made necessary by the accident (for example, a lingering or recurrent soft-tissue condition) and that the frequency and duration were reasonable. The insurer’s cutoff does not control what a court may award; it is only a negotiating position. You will want itemized bills and records, and ideally a brief provider statement linking the later care to the original injury. If paid in part by insurance, the recoverable amount presented at trial is generally the amount paid and any balance still owed.

Process & Timing

1. Who files: The injured person. Where: First present a written demand to the at-fault driver’s liability insurer; if unresolved, file a civil Complaint and Civil Summons in the North Carolina General Court of Justice (District or Superior Court) in the proper county. What: Submit a demand package with the police report, itemized bills, records, and a treating provider note linking post-cutoff care to the crash; if suing, file a Complaint stating negligence and damages. When: Aim to resolve or file suit within the three-year statute of limitations.
2. Negotiate with the insurer; expect challenges to treatment after MMI or gaps. Provide clarifying records and a concise provider opinion to address causation and necessity. Timeframes vary by insurer and county docket.
3. Finalize by settlement and release or proceed to judgment. Resolve any medical liens or balances from settlement proceeds per North Carolina law.

Exceptions & Pitfalls

• Gaps in care: Breaks in treatment invite causation challenges; document why you paused and why you resumed (symptom flare, work demands, access).
• Preexisting conditions: You can recover for aggravation, but you need a provider to distinguish accident-related worsening from the baseline condition.
• “MMI” isn’t a legal cap: Maximum medical improvement is a clinical milestone, not a hard legal cutoff for damages in a third-party injury claim.
• Amounts claimed: Don’t rely on gross “sticker price” bills; North Carolina limits trial evidence to amounts actually paid or still owed.
• Records gaps: Missing itemization or absent provider opinions weaken necessity and causation; request complete, itemized records and a short causation letter.

Talk to a Personal Injury Attorney

If you’re facing an insurer’s cutoff on post-accident treatment but still need care, our firm has experienced attorneys who can help you document medical necessity, address causation, and navigate negotiation or filing deadlines. Reach out today.

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.