Short Answer

In North Carolina, you prove medical bills with itemized statements and medical records, and you prove wage loss with employer verification and a provider’s note tying your time off to the crash. Demand packages should show the amounts actually paid and still owed for treatment, consistent with North Carolina evidence rules, plus any valid liens. You then summarize those damages in a written demand and attach the documents as exhibits.

Understanding the Problem

If you were hurt in a North Carolina auto crash, how do you document missed work time and medical bills so the insurer will add them to your settlement demand? As the injured passenger, you need to show what treatment you received and why you could not work, then package that proof for the claims adjuster before negotiations.

Apply the Law

Under North Carolina law, medical expenses and lost wages are part of your compensatory damages. Insurers expect documentation that ties each dollar to the crash and shows what was actually paid or is still owed. The insurance claim is handled with the at-fault driver’s carrier, but the hard deadline is the court filing deadline for personal injury if settlement does not occur.

Key Requirements

• Itemized medical bills and records: Obtain itemized statements and treatment records from every provider to show dates of service, diagnoses, and charges.
• Amounts paid and owed: Include proof of payments (EOBs, receipts) and current balances or lien statements to show what was paid and what remains due.
• Causation letter or work note: Get a healthcare provider note linking your time off work and treatment to the crash and listing any work restrictions.
• Wage verification: Ask your employer for a signed wage/loss letter confirming your job, pay rate, dates/hours missed, and lost income; self-employed claimants use invoices, calendars, and tax returns.
• Foundational crash proof: Attach the official crash report and any photos or witness info to show liability and context for the losses.

What the Statutes Say

• N.C. R. Evid. 414 (Amounts of medical expenses) - In court, only amounts paid or necessary to satisfy medical charges are admissible, so claims documentation should track paid and owed amounts.
• N.C. Gen. Stat. § 1-52 (Three-year limitation) - Most personal injury claims have a three-year deadline to file suit if settlement does not resolve the claim.

Analysis

Apply the Rule to the Facts: You were a stopped passenger struck by another driver who was cited, so include the crash report to anchor liability. Gather your ER records, imaging, and itemized bills, plus EOBs or receipts showing what was paid and any balances. Ask your provider for a note connecting your neck/whiplash care to the collision and explaining your time off. For driving-related anxiety, include counseling or primary care notes and prescriptions to document diagnosis and treatment.

Process & Timing

1. Who files: You or your attorney. Where: The at-fault driver’s insurance claims department. What: A written settlement demand with exhibits: crash report, medical records, itemized bills, proof of payments/balances or liens, employer wage verification, and a provider work note. When: After treatment stabilizes or you reach maximum medical improvement, while keeping the three-year suit deadline in mind.
2. Insurer review and negotiation typically follow within several weeks; adjusters may request clarifications (e.g., missing EOBs or an updated employer letter) before evaluating the claim.
3. If settlement is reached, confirm lien amounts and disburse accordingly; if not, file a lawsuit in the appropriate North Carolina trial court before the deadline to preserve your claim.

Exceptions & Pitfalls

• Missing causation: Without a provider note tying time off to the crash, wage loss may be discounted.
• Wrong medical amounts: Submitting only gross billed charges may overstate damages; show what was paid and what remains owed to align with evidence rules.
• Self-employment proof gaps: Provide tax returns, invoices, and calendars to avoid speculative income claims.
• Unaddressed liens: Medicare, Medicaid, TRICARE, or health-plan liens must be identified and resolved before final payment.
• Gaps in treatment: Long breaks in care can weaken causation; keep consistent follow-up and document reasons for any gaps.

Talk to a Personal Injury Attorney

If you're dealing with medical bills and lost wages after a North Carolina crash, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call us at (919) 341-7055 or email intake@piercelaw.com.

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.