Short Answer

In North Carolina, you can still present a strong demand if you clearly link your injuries to the crash, explain the treatment gap, and support your claim with updated medical records and bills. Re-establish care before sending the demand, address any medical liens, and set a reasonable response date. If settlement fails, preserve your rights by filing suit within North Carolina’s general three-year deadline for personal injury claims.

Understanding the Problem

You want to know how, in North Carolina, to send a settlement demand to the at-fault driver’s insurer when you went to the emergency department right after the collision but then had no follow-up care for over a month. The concern is how that gap affects liability, causation, and damages, and what the insurer needs to evaluate the claim. This article explains what to include and the timing considerations so your demand is taken seriously.

Apply the Law

In North Carolina personal injury claims, insurers evaluate three things: fault, causation, and damages. A treatment gap makes causation and mitigation the focal points, so your demand should re-establish a medical “through line” from the crash to your current symptoms, explain the gap, and provide reliable documentation (records and bills). If settlement isn’t reached, a civil lawsuit is filed in District or Superior Court depending on the amount at issue, and most personal injury claims must be filed within three years of the crash unless a specific exception applies.

Key Requirements

• Clear causation: Use medical records and a current evaluation that tie your knee/shin complaints to the collision despite the gap.
• Explain the gap: Brief, factual reasons (cost, transportation, symptoms waxing/waning) to show you were not ignoring care.
• Complete damages proof: Itemized bills and records from the ER and any follow-up; document out-of-pocket costs and daily limitations.
• Address liens: Identify and plan to satisfy healthcare provider liens and health plan reimbursement claims from any settlement.
• Mind the deadline: Calendar the general three-year filing deadline and any policy notice requirements for first-party coverages.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Limitations of actions) - Most personal injury lawsuits must be filed within three years; specific applications can vary by issue.
• North Carolina Gen. Stat. § 44-49 (Medical liens) - Allows providers a lien on recovery for reasonable charges.
• North Carolina Gen. Stat. § 44-50 (Enforcement and limits) - Caps the total lien amount from a settlement and sets distribution rules.
• North Carolina Gen. Stat. § 58-63-15(11) (Unfair claim practices) - Sets standards for insurers’ claim handling and communications.

Analysis

Apply the Rule to the Facts: Because you had ER care right after the crash and then no follow-up for over a month, your demand should start with that immediate treatment, then add a fresh exam tying your knee/shin symptoms to the collision. Include records and itemized bills, plus a short explanation for the gap. Note that the injury was not work-related, so the claim proceeds against the at-fault driver’s insurer and any first-party coverages you may have. Make sure to identify and plan for any medical liens before proposing a settlement number.

Process & Timing

1. Who files: Your attorney. Where: To the at-fault driver’s liability insurer (claims portal, email, or mail). If suit is needed, file in North Carolina District or Superior Court. What: A written demand package with a cover letter, accident summary, explanation of the gap, medical records and itemized bills, photos, and documentation of out-of-pocket costs; if filing suit, a civil complaint and AOC-CV-100 (Civil Summons). When: Send the demand after you obtain a current medical evaluation; request a response within about 30 days, and file any lawsuit within the general three-year period.
2. Insurer review: The adjuster evaluates liability, causation, and damages; expect requests for clarifications or additional records within a few weeks, though timing can vary by insurer and county practice.
3. Resolution or litigation: If negotiations stall, file suit before the limitations period expires. Service, discovery, and mediation will follow under court timelines.

Exceptions & Pitfalls

• Unexplained gaps: Long, unexplained gaps let insurers argue your injuries were unrelated or that you failed to mitigate; get a follow-up exam before demanding.
• Preexisting conditions: Disclose and distinguish prior issues; ask your provider to explain how the crash aggravated them.
• Lien traps: Ignoring provider or health-plan liens can delay payment or cause disputes; identify and address them in the demand.
• Recorded statements: Avoid giving broad recorded statements to the liability insurer without counsel; inconsistencies can undermine causation.
• First-party coverages: If you have MedPay or UM/UIM, follow policy notice requirements; coordinate benefits to avoid prejudicing those claims.

Talk to a Personal Injury Attorney

If you're dealing with a car crash claim and a gap in treatment, 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.