Short Answer

Yes. In North Carolina, you can pursue a car-accident injury claim even if the ER did not order x-rays. You must prove the at-fault driver’s negligence and that the crash caused your injuries. Medical proof can come from provider notes, consistent symptoms, physical exams, therapy records, and later imaging—not just ER x-rays.

Understanding the Problem

You’re asking if you can seek compensation after a rear-end crash when the ER treated you the next day for lower back pain but decided against x-rays. This is a North Carolina personal injury question: can you still make a claim, what you must prove, and whether lack of initial imaging hurts your case. The key decision point is whether your injuries can be medically tied to the crash and whether you act within North Carolina’s deadlines.

Apply the Law

North Carolina negligence law requires you to show the other driver was careless, that their carelessness caused your injury, and that you suffered damages. ER imaging is not a legal requirement; causation can be proven through medical documentation, consistent complaints, and provider opinions. Claims for money damages are filed in the civil division of the trial courts, and service of the lawsuit must follow North Carolina’s Rules of Civil Procedure. North Carolina uses a strict contributory negligence rule, so defense arguments that you were partly at fault must be considered. Medicaid may assert a lien against any third-party recovery and must be addressed before funds are disbursed.

Key Requirements

• Negligence: Show the other driver owed you a duty (safe following), breached it (rear-end collision), and caused your injury.
• Causation and proof: Connect your back pain to the crash through timely care, consistent symptoms, medical exams, therapy notes, and later imaging if ordered.
• Damages: Document medical treatment, lost income, and pain and suffering with records and, when needed, provider statements.
• Contributory negligence: If you were even slightly at fault, recovery can be barred; anticipate and address any alleged fault.
• Forum and service: File in the civil division of the trial court and serve the defendant under North Carolina Rule 4.
• Key deadline: Personal injury claims generally must be filed within three years from the crash.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limitations period) - Most negligence-based personal injury claims must be filed within three years.
• North Carolina Gen. Stat. § 1A-1, Rule 4 (Service of process) - Civil complaints must be served according to Rule 4.
• North Carolina Gen. Stat. § 108A-57 (Medicaid lien on third-party recoveries) - Medicaid may assert a lien that must be resolved from settlement or judgment proceeds.

Analysis

Apply the Rule to the Facts: You were rear-ended while stopped to turn left, which typically supports breach of duty by the trailing driver. Your next-day ER visit for lower back pain helps connect symptoms to the crash even without x-rays; follow-up evaluations, therapy notes, and any later imaging can strengthen causation. Contributory negligence is unlikely in a stopped-vehicle rear-end scenario, but the insurer may still test it. If Medicaid paid bills, expect a lien that must be addressed from any recovery.

Process & Timing

1. Who files: The injured person. Where: Civil division of the trial court in the county where the crash happened or where the defendant lives. What: A Complaint and a Civil Summons (AOC-CV-100), then service under Rule 4. When: File within three years of the crash; start your claim with the insurer promptly.
2. Negotiate with the at-fault driver’s insurer using medical records, bills, and wage documentation; this stage can take weeks to months depending on treatment and records.
3. If no fair settlement, proceed with suit, discovery, and (if needed) trial. Any settlement or judgment must account for and resolve the Medicaid lien before disbursement.

Exceptions & Pitfalls

• Contributory negligence: Even slight fault can bar recovery; be careful with statements about how the crash occurred.
• Gaps in treatment: Delays or inconsistent care make causation harder to prove; follow medical advice and keep appointments.
• Documentation issues: Save discharge instructions, prescriptions, therapy notes, and any later imaging; lack of x-rays is not fatal if other medical proof is consistent.
• Service and venue: Lawsuits must be properly served under Rule 4; errors can delay or jeopardize your case.
• Medicaid lien: Notify Medicaid’s recovery unit early and resolve the lien correctly from any settlement or judgment.

Talk to a Personal Injury Attorney

If you're dealing with a rear-end crash injury and the ER didn’t do x-rays, our firm has experienced attorneys who can help you understand your options and timelines. Call us today 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.