Short Answer

In North Carolina, gather and keep copies of every medical record and itemized bill related to your crash, then use them to open claims with your auto insurer (including any medical payments coverage) and your health insurer. Do not send originals to the at-fault insurer. Medical providers can assert statutory liens against your settlement, and those liens must be resolved at the end of the case, subject to North Carolina’s 50% cap after attorney’s fees.

Understanding the Problem

You want to know, in North Carolina, what to do with your medical records and bills after a car accident so you can move your claim forward. As the injured person, you need to collect, organize, and share your records and bills in a way that supports your claim while protecting your privacy and rights. You are also looking for your accident report to understand the crash details and next steps.

Apply the Law

North Carolina law lets medical providers claim a lien on any settlement or judgment you receive for accident-related treatment, but only if they follow statutory steps. These liens affect how money is disbursed at the end of your case and are capped so you keep at least a portion of your recovery after attorney’s fees. Accident reports can be requested from the investigating agency. If a lawsuit becomes necessary, personal injury cases are usually filed in the county’s trial courts, and a general three-year limitation period applies.

Key Requirements

• Collect and keep records: Request and keep copies of all medical records and itemized bills for crash-related care; do not send originals to insurers.
• Provider lien basics: A provider’s lien applies to your settlement only for accident-related charges and only if the provider gives proper written notice and furnishes records/bills on request.
• 50% cap after attorney’s fees: After attorney’s fees are paid, no more than 50% of the remaining recovery can go to valid medical liens; liens are paid pro rata if funds are short.
• Accident report access: You may request the official crash report from the investigating law enforcement agency.
• Deadline awareness: North Carolina generally allows three years from the crash to file a personal injury lawsuit; insurance policy notice and med‑pay timelines can be shorter.

What the Statutes Say

• N.C. Gen. Stat. § 44-49 (Medical provider liens) - Allows providers to assert liens for accident-related services if they provide notice and furnish records/bills.
• N.C. Gen. Stat. § 44-50 (Disbursement and 50% cap) - Sets the order of payment and caps total lien payment to 50% of the recovery after attorney’s fees.
• N.C. Gen. Stat. § 20-166.1 (Accident reports) - Governs reporting of crashes and availability of official reports.
• N.C. Gen. Stat. § 1-52 (Three-year limitation for personal injury) - General deadline to file a personal injury lawsuit arising from a crash.

Analysis

Apply the Rule to the Facts: You should request your accident report from the investigating agency, then gather your treatment records and itemized bills from every provider you saw after the crash. Use those documents to open and support claims with your auto insurer (including any med‑pay) and your health insurer. Keep copies for yourself and do not send originals to the at‑fault insurer. At settlement, any valid provider liens must be resolved, but total lien payments cannot exceed the 50% cap after attorney’s fees.

Process & Timing

1. Who files: You (or your attorney). Where: Each provider’s medical records/billing department; the investigating law enforcement agency for the crash report. What: HIPAA-compliant medical record requests for records and itemized bills; a crash report request. When: Start immediately and update as treatment continues; request final itemized statements when you finish treatment.
2. Submit records and itemized bills to your auto insurer (med‑pay, if purchased) and your health insurer; if pursuing a liability claim, provide selected records/bills to the at‑fault insurer as needed. Expect several weeks for providers and insurers to process requests.
3. When the claim resolves, the attorney prepares a settlement statement and pays valid medical liens under the 50% cap after attorney’s fees, then issues your net disbursement with lien resolution letters.

Exceptions & Pitfalls

• Do not sign broad, blanket medical authorizations for the at‑fault insurer; limit releases to crash‑related providers and dates.
• Always request itemized bills (not just balances) so charges can be verified and negotiated if necessary.
• Unaddressed liens or unpaid balances can delay settlement disbursement or move to collections; track each provider and verify balances before settlement.
• Government benefits and some health plans have separate repayment rules; these must be resolved before funds are disbursed.
• Gaps in treatment or inconsistent records can undermine your claim; follow prescribed care and keep a simple treatment log.

Talk to a Personal Injury Attorney

If you're dealing with medical bills, records, and lien questions after a North Carolina car accident, our firm has experienced attorneys who can help you understand your options and timelines. 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.