Short Answer

In North Carolina, gaps in medical treatment make it harder to prove that the crash caused your injuries and that your care was reasonable and necessary. Insurers often argue a gap means you got better or something else caused your symptoms. You can blunt this by explaining any break (work, childcare, cost, lack of transport), promptly resuming recommended care, and keeping complete records. Remember: you still must file suit within North Carolina’s statute of limitations if settlement fails.

Understanding the Problem

In North Carolina personal injury cases, can you still recover for your injuries if there’s a break in your medical care after the car crash? You are the injured driver seeking compensation, and the insurer has set a deadline for submitting medical bills. You want to know how a treatment gap affects your claim value and what to do next.

Apply the Law

Under North Carolina law, you must prove the crash caused your injuries and that your medical care and bills were reasonable and necessary. Treatment gaps can weaken both points because they raise questions about causation and whether you mitigated your damages. Personal injury lawsuits for negligence are filed in the civil trial court (District or Superior Court, depending on the amount at stake), not in the clerk’s estate division. North Carolina’s statute of limitations sets the outside deadline to sue.

Key Requirements

• Causation: Show the collision caused the injuries you’re treating. Long or unexplained gaps make this harder.
• Reasonable and necessary care: Bills and records should reflect ongoing, medically directed treatment tied to the crash.
• Mitigation of damages: You must act reasonably to get better (follow referrals, take prescribed care). Unjustified gaps can reduce recovery.
• Proof and documentation: Keep ER notes, specialist referrals, imaging, work notes, and an explanation for any break in care.
• Forum and filing: Claims for money damages are filed as civil actions in the trial court, not with the clerk’s estate office.
• Statute of limitations: You generally have three years from the crash to file a negligence lawsuit if settlement doesn’t resolve the claim.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limit for negligence) - sets the general filing deadline for personal injury lawsuits.

Analysis

Apply the Rule to the Facts: You treated at the ER, then saw a chiropractor and an orthopedist. If there’s a gap, the insurer may argue your symptoms resolved or stem from something else. Ask each provider to note why any break occurred (work constraints, waiting for a referral, cost, transportation) and to confirm your symptoms were continuous. Resuming and following the orthopedist’s plan supports causation, medical necessity, and mitigation. Track the insurer’s billing deadline and get extensions in writing if needed.

Process & Timing

1. Who files: The injured person. Where: Clerk of Superior Court for the proper county (civil trial court; District or Superior Court depends on the amount). What: Civil complaint and summons naming the at-fault driver and alleging negligence. When: File within the three-year statute of limitations if you cannot settle in time.
2. Pre-suit claim: Send the insurer complete records and bills. If you need more time to gather records, request a written extension of the insurer’s submission deadline.
3. If filed: Defendant answers; discovery follows (medical records, depositions). Many counties require mediated settlement conferences before trial.

Exceptions & Pitfalls

• Short, explained gaps (e.g., waiting for an orthopedic referral) carry less risk than long, unexplained lapses.
• Not following provider recommendations (missed PT, skipped imaging) can be treated as a failure to mitigate damages.
• Pre-existing conditions are manageable if your providers document how the crash aggravated them.
• Insurer submission deadlines are contractual; missing them can delay payment. Ask for extensions in writing.
• Subrogation and liens (including some federal employee health plans) can affect your net recovery; coordinate early so balances don’t derail settlement.

Talk to a Personal Injury Attorney

If you’re dealing with a treatment gap, insurer deadlines, and questions about how this affects your North Carolina injury claim, our firm has experienced attorneys who can help you understand your options and timelines. Call us today to discuss your case.

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.