Short Answer

Yes. In North Carolina, you can pursue a personal injury claim even if the initial EMS agency did not bill you or cannot find a run report. Your case does not turn on a single EMS record; you can prove injury and damages with other medical records, the crash or incident report, photos, and witness statements. If the wrong EMS agency was contacted, your attorney can identify the correct provider and request or subpoena the record.

Understanding the Problem

In a North Carolina personal injury claim, you want to know: can you still seek compensation if the EMS agency you contacted has no record because it did not treat you? You are the injured person seeking compensation for injuries from an incident. The immediate concern is whether missing EMS paperwork blocks your claim and what to do next to obtain the proper documentation without missing deadlines.

Apply the Law

North Carolina law does not require an EMS bill or run report to bring or resolve a personal injury claim. You must prove fault, injury, causation, and damages. EMS patient care reports are medical records that are confidential but can be released with your authorization or by subpoena. If the wrong agency was asked, the correct custodian (often a county EMS, fire-rescue, or a private ambulance provider) can be identified through the police report or 911 dispatch logs. The main forum for lawsuits is the civil division of the North Carolina General Court of Justice, and the usual deadline to file a negligence lawsuit is three years from the date of injury.

Key Requirements

• Liability: Show another party’s negligence caused the incident.
• Injury and damages: Prove your injuries and losses with medical records, bills, and other evidence; an EMS record is helpful but not required.
• Causation: Link your medical treatment to the incident; later hospital or clinic records can establish this even without an EMS run sheet.
• Access to records: Obtain EMS or other medical records with your signed authorization or a subpoena directed to the correct records custodian.
• Deadline: File any lawsuit within the applicable statute of limitations, typically three years for personal injury in North Carolina.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three-year limit for personal injury) - General three-year deadline to file negligence claims.
• N.C. R. Civ. P. 45 (Subpoenas) - Allows subpoenas to nonparties for records when authorization is insufficient or refused.
• N.C. Gen. Stat. § 8-53 (Medical privilege) - Medical information is confidential but may be disclosed with consent or court order.
• N.C. Gen. Stat. § 90-411 (Charges for medical record copies) - Providers may charge reasonable fees for copies of medical records.

Analysis

Apply the Rule to the Facts: Your claim can proceed even though the EMS agency you contacted has no report because it did not treat you. You can prove your injuries and damages with the police report, hospital and clinic records, and other evidence while your attorney identifies the correct EMS provider. With your authorization, the proper agency can release the patient care report, or your attorney can subpoena it if needed. Track the three-year filing deadline while records are gathered.

Process & Timing

1. Who files: You or your attorney. Where: Send a medical records request to the correct EMS agency or its records custodian; if unknown, request the police report and, if needed, a dispatch/CAD log from the county 911 communications center. What: A HIPAA-compliant authorization or, if necessary, a subpoena (North Carolina Judicial Branch subpoena forms are available on the courts’ website). When: Start immediately; providers commonly take 2–4 weeks to process records. The lawsuit deadline is generally three years from the injury date.
2. Follow up with the agency to confirm whether there was a transport or a “treat-and-release.” Ask specifically for the “patient care report” and billing ledger (even if the balance is $0). If the custodian refuses or delays, issue a subpoena under Rule 45 with reasonable notice.
3. Once received, add the EMS report to your demand package. If the EMS report cannot be located, proceed using hospital/clinic records, the officer’s report, photographs, and witness statements. File suit before the limitations period expires if settlement is not reached.

Exceptions & Pitfalls

• Multiple responders: Fire-rescue or a private ambulance may have treated you instead of county EMS; confirm the unit on the police report or dispatch log.
• No-transport calls: Even if you were not transported, a patient care report often exists—ask for “treat-and-release” records.
• Authorization defects: Incomplete dates, missing initials, or narrow date ranges can cause denials; submit a clear, signed authorization with full date range.
• Record retention: Agencies have retention schedules; request records promptly to avoid purged files.
• Subpoena procedure: Provide proper notice and time to comply under Rule 45; an overbroad subpoena can draw objections and delay.

Talk to a Personal Injury Attorney

If you’re dealing with missing EMS records and need to move your injury claim forward, our firm has experienced attorneys who can help you identify the right custodian, secure the documents, and protect your 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.