Short Answer

In North Carolina, most injury cases can assemble medical records, bills, and lien information and send a settlement demand about 30–90 days after you finish treatment, if providers respond promptly. The main delay is waiting on complete records and itemized bills from each provider and confirming any liens. Insurers often take 2–4 weeks to review a demand once received. Always leave enough time before the lawsuit deadline.

Understanding the Problem

You want to know how long it takes in North Carolina to gather your medical records and bills and then send a settlement demand to the at-fault driver’s insurer. You finished chiropractic care after a motor vehicle crash and plan to pursue an injury claim. The key timing issue is how fast providers supply complete documentation so a demand package can be sent.

Apply the Law

Under North Carolina law, negotiations usually start after treatment ends or your condition stabilizes. Then your attorney requests complete medical records, itemized bills, and any imaging, verifies and protects provider liens, and compiles proof of lost income and other damages. Health care providers may charge reasonable copying costs, and those invoices often must be paid before records are released. Insurance negotiations are informal, but your hard legal deadline is the statute of limitations to file a lawsuit if the claim does not settle.

Key Requirements

• Finish treatment or reach stability: Send a demand after treatment is complete or your provider confirms maximum medical improvement.
• Collect complete records and itemized bills: Request from every provider, including chiropractic, imaging, primary care, and therapy.
• Verify liens and reimbursements: Identify provider liens and repayment obligations and account for them in the demand.
• Assemble damages proof: Include medical documentation, lost income verification, photos, and liability evidence.
• Watch the lawsuit deadline: Settlement talks cannot extend your statute of limitations; file suit on time if needed.

What the Statutes Say

• North Carolina Gen. Stat. § 90-411 (Medical record copy charges) - Allows providers to charge reasonable fees for copies of medical records.
• North Carolina Gen. Stat. § 44-49 (Medical provider claims on proceeds) - Lets medical providers assert claims for their charges against settlement proceeds.
• North Carolina Gen. Stat. § 44-50 (Distribution; limits) - Governs how settlement funds are distributed when providers assert claims.
• North Carolina Gen. Stat. § 1-52 (Limitations—three years) - Sets a three-year limit for many negligence claims; filing suit preserves your rights if settlement talks stall.

Analysis

Apply the Rule to the Facts: Because you completed chiropractic treatment, your lawyer can immediately request your chiropractic records and bills and any related records (e.g., urgent care or imaging). Providers typically take a few weeks to send complete, itemized documents, especially if copy fees must be paid first. Once records, bills, and any liens are confirmed, the demand can be drafted and sent. Insurers commonly need another 2–4 weeks to review after the package arrives.

Process & Timing

1. Who files: You or your attorney. Where: Each provider’s medical records and billing department in North Carolina. What: HIPAA-compliant authorization and a written request for complete records and itemized bills; pay any copy fees allowed by law. When: Request within days of finishing treatment; providers often respond in 10–30 business days.
2. Compile the demand: After receiving all records/bills and verifying liens, assemble the demand letter with exhibits and send it to the insurer’s adjuster (email/portal). Typical insurer review: about 2–4 weeks, with follow-up calls weekly.
3. Negotiate or file suit: If the claim settles, you sign a release and funds are disbursed with liens addressed under North Carolina law. If it does not, file a lawsuit before the statute of limitations expires.

Exceptions & Pitfalls

• Ongoing treatment can change your prognosis; sending a demand too early may understate your damages.
• Missing providers or non-itemized bills can cause insurer delays or lower offers—confirm every record and itemized charge.
• Unresolved liens (including provider claims) can hold up disbursement—identify and address them before demanding payment.
• Slow record vendors or unpaid copy fees can stall retrieval—follow up regularly and promptly pay approved fees.
• Do not rely on negotiations to extend your lawsuit deadline—calendar it and file on time if needed.

Talk to a Personal Injury Attorney

If you’re waiting on medical records and want to know when your North Carolina demand can go out, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call (919) 341-7055 for a free consultation.

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.