Short Answer

Yes. In North Carolina injury claims, long gaps in treatment or delays in getting an MRI or seeing a specialist can give the insurance company arguments that (1) you were not seriously hurt, (2) something else caused your symptoms, or (3) your damages should be reduced because you did not act reasonably to get care. Delays do not automatically ruin a claim, but you usually need clear medical documentation showing why the delay happened and how your symptoms continued.

Understanding the Problem

If you were in a North Carolina crash and your ER visit the next day showed no acute findings, you may wonder: if it takes weeks to get an MRI or an appointment with a specialist, can the insurer use that delay to deny or reduce your injury claim?

Apply the Law

In a North Carolina personal injury claim, you generally must prove that the crash caused your injuries (called “causation”) and you must prove the amount of your losses (called “damages”). Insurance companies often attack both causation and damages by pointing to gaps in treatment, missed follow-ups, or delays in advanced testing (like MRI) or specialist care. They may also argue you failed to act reasonably to limit your harm (often described as a duty to “mitigate” damages). The claim is typically handled through an insurance claim first, and if needed, a lawsuit in North Carolina District or Superior Court depending on the amount in dispute.

Key Requirements

• Documented medical connection (causation): Your medical records should connect your symptoms and diagnosis to the collision, including when symptoms started and how they progressed.
• Consistent treatment history: Regular follow-up care helps show the injury is real and ongoing; long gaps can be used to argue you recovered or were not hurt.
• Reasonable efforts to get care (mitigation): If care is delayed, it helps to show you tried to schedule appointments, followed medical advice, and sought appropriate alternatives when necessary.
• Clear explanation for delays: Records (and sometimes testimony) should explain why the MRI/specialist visit took time (referral requirements, scheduling backlogs, insurance authorization, transportation issues, etc.).
• Objective support when available: Imaging and specialist evaluations can help, but a normal early scan does not automatically rule out conditions that develop or become clearer later (for example, some concussion-related symptoms).

What the Statutes Say

• N.C. Gen. Stat. § 20-279.21 (Uninsured/Underinsured Motorist coverage rules) - Sets key rules for uninsured motorist claims, including notice and lawsuit-related procedures that can matter when the at-fault driver has no insurance.
• N.C. Gen. Stat. § 44-49 (Medical provider liens) - Creates liens on personal injury recoveries for certain medical bills, which can affect how treatment is paid and documented.

Analysis

Apply the Rule to the Facts: Here, you sought ER care the next day and later received a post-concussion syndrome diagnosis, which helps show you did not ignore symptoms. If an MRI or specialist appointment is delayed, the insurer may still argue the time gap weakens the link between the crash and your headaches, dizziness, nausea, and back/body pain—especially because the initial imaging showed no acute findings. The best way to protect the claim is consistent follow-up and medical records that explain ongoing symptoms and why advanced testing or a referral took time.

Process & Timing

1. Who files: The injured person (or their attorney) makes the bodily injury claim. Where: With the at-fault driver’s insurer, or if the driver is uninsured, with your own auto insurer under uninsured motorist coverage. What: A claim notice plus supporting records (ER records, primary care notes, referral orders, work notes, and itemized bills). When: As soon as practical after the crash; if you may need to file suit against an uninsured driver/UM carrier, North Carolina UM rules can require advance notice before filing.
2. Medical documentation step: Keep a timeline showing when you requested appointments, when referrals were placed, and when the earliest available specialist/MRI date was offered. Ask providers to note ongoing symptoms and the reason for any delay (for example, “awaiting authorization” or “next available appointment”).
3. Resolution step: Claims often resolve after your condition stabilizes enough to understand diagnosis, treatment plan, and prognosis; if a lawsuit is needed, it must be filed before the applicable statute of limitations, which is strict and can end the claim if missed.

Exceptions & Pitfalls

• Not all delays are “your fault”: If the delay is due to referral requirements, scheduling backlogs, or insurer authorization, it may be explainable—but it needs to be documented.
• “I felt better” gaps: If you stop treatment because symptoms improve and then return months later, insurers often argue the later symptoms are unrelated or from a new cause.
• Missed appointments and noncompliance: Repeated no-shows, stopping prescribed therapy, or not following restrictions can be used to argue you failed to act reasonably and made your condition worse.
• Normal early imaging: A normal ER scan can be used against you, so follow-up notes should clearly describe ongoing symptoms and clinical findings supporting the diagnosis even without acute imaging findings.
• Waiting to report symptoms: If headaches, dizziness, or back pain are not consistently reported to providers, insurers may argue the complaints were added later for the claim.

Conclusion

Delays in getting an MRI or seeing a specialist can hurt a North Carolina injury claim if they create gaps in treatment, weaken the medical link to the crash, or let the insurer argue you did not act reasonably to limit your harm. Delays are often manageable when your records show consistent symptoms, follow-up care, and a clear reason the MRI or specialist visit took time. Next step: gather your ER and follow-up records and document your appointment/referral timeline early, before any filing deadlines approach.

Talk to a Personal Injury Attorney

If you're dealing with delays in diagnostic testing or specialist care after a crash and you’re worried the insurance company will use that gap against you, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call [CONTACT NUMBER].

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.