Short Answer

In North Carolina personal injury claims, delayed medical reports usually delay settlement because insurers and courts rely on those records to value injuries. Your attorney can keep the claim open, keep following up, and—if the three-year statute of limitations approaches—file a lawsuit to preserve your rights and use subpoenas to obtain the records. You can also request your records directly and authorize your attorney to pay reasonable copy fees to speed things up.

Understanding the Problem

In North Carolina, can your personal injury case move forward if your provider is slow to send medical records and bills? You have an open car-accident claim handled by an attorney, and it has been about a year since the crash. The decision point is whether the claim can be resolved or must wait for records, and what steps protect your case if the delay continues.

Apply the Law

North Carolina law does not force insurers to settle without documentation. Medical records and itemized bills are the foundation of claim valuation and proof at trial. Before suit, records are requested with your signed HIPAA authorization. If a provider lags, your attorney can keep requesting, pay reasonable copy fees, or, if needed, file a lawsuit in the North Carolina General Court of Justice and use a subpoena to compel records. The core deadline to watch is the three-year statute of limitations for most personal injury cases, measured from the date of the crash.

Key Requirements

• Valid authorization: Sign a HIPAA-compliant medical records release so your attorney can request complete records and itemized bills.
• Targeted requests and follow-up: Ask the provider’s medical records department for specific date ranges and billing, and follow up in writing; be ready to pay reasonable copy fees.
• Preserve deadlines: File suit before the three-year statute of limitations runs if records are still outstanding and settlement is not possible.
• Use court tools if needed: After filing, use a subpoena under the North Carolina Rules of Civil Procedure to compel records from nonparties.
• Complete documentation for valuation: Wait for key items like discharge summaries, imaging reports, and final bills to avoid undervaluing your claim.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Limitations—Three Years) - Most personal injury claims must be filed within three years of the accident.
• N.C. Gen. Stat. § 90-411 (Medical Records Copy Charges) - Providers may charge reasonable fees for copying and supplying records.
• N.C. R. Civ. P. 45 (Subpoena) - Tool used in a filed lawsuit to obtain records from nonparties.
• N.C. Gen. Stat. § 8-53 (Physician–Patient Privilege) - Addresses confidentiality and court-ordered disclosure of medical information.

Analysis

Apply the Rule to the Facts: Your crash was about a year ago, so the three-year filing deadline likely remains open. Because the provider has not sent records, settlement will usually wait until those records and itemized bills arrive. Your attorney can continue written follow-ups, arrange payment of copy fees, or ask you to request records directly. If delays persist and the deadline nears, filing suit preserves your claim and allows use of a subpoena to compel production.

Process & Timing

1. Who files: Your attorney (or you) requests records. Where: The provider’s medical records/billing department in North Carolina. What: HIPAA authorization and a written request for records and itemized bills (include dates of service and claim number). When: Typical provider turnaround is a few weeks; follow up every 2–3 weeks and be ready to pay reasonable copy fees.
2. If no response: Escalate with a second written request, confirm fees are paid, and ask a supervisor for a status update. If settlement cannot proceed and the statute of limitations is approaching, prepare and file a complaint in the appropriate District or Superior Court.
3. After filing: Serve the lawsuit and issue a subpoena (AOC-G-100 Subpoena form) under Rule 45 to the provider for complete records and itemized bills. Expect several weeks for compliance, depending on provider workload.

Exceptions & Pitfalls

• Tolling issues: Different deadlines may apply for minors or persons under certain legal disabilities; ask your attorney how tolling affects your case.
• Partial records: Settling with incomplete records can undervalue your claim; request discharge summaries, imaging reports, therapy notes, and itemized bills before finalizing.
• HIPAA/subpoena compliance: When subpoenaing medical records in litigation, ensure proper notice/authorization or a court order to avoid delays or objections.
• Billing vs. records: Providers often send charts without itemized bills; ask for both to document medical expenses.
• Copy fees: Unpaid copy charges can stall production; confirm fee policies early and authorize payment.

Talk to a Personal Injury Attorney

If you’re dealing with a stalled claim because a provider hasn’t sent records, our firm can help you understand your options and timelines. Reach out today. Call us at (919) 341-7055.

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.