Short Answer

In North Carolina, send regular, accurate treatment updates to your attorney, and let your attorney control what the insurance company receives. Include the who, what, when, and cost of your care (providers, dates, diagnoses, work restrictions, medications, imaging, referrals, bills, out-of-pocket costs, and mileage). Do not give a written or recorded statement to the insurer or sign broad medical authorizations without your lawyer’s guidance.

Understanding the Problem

You’re the injured person in North Carolina with an open liability claim. The insurer asked for a written statement while it continues its investigation, and your attorney has not yet scheduled it. Your decision: what to include in treatment updates and who should get them so your claim moves forward without hurting your case.

Apply the Law

North Carolina personal injury claims turn on clear proof of treatment, medical necessity, and damages. Insurers often ask for periodic updates, but your attorney should manage all communications to avoid statements that could be used to dispute liability or damages. North Carolina law also recognizes statutory rights for certain medical bills and health plans to be repaid from any settlement, so tracking providers, bills, insurance coverage, and reimbursements is essential.

Key Requirements

• Accuracy and consistency: Use a dated summary that lists providers, visit dates, diagnoses, restrictions, and changes over time.
• Complete medical picture: Note medications, imaging, therapies, referrals, new symptoms, and any gaps in care (with brief reasons).
• Documented costs: Keep bills, itemized statements, EOBs, receipts, and mileage to and from treatment.
• Insurance and liens: Identify health coverage (private, Medicaid, Medicare, or State Health Plan) and any lien or subrogation notices your lawyer must address at settlement.
• Controlled insurer contact: Route all statements and records to the insurer through your attorney; avoid direct written/recorded statements or broad medical releases without counsel.

What the Statutes Say

• North Carolina Gen. Stat. § 44-49 (Medical provider liens) - Allows certain healthcare providers to assert liens on personal injury recoveries.
• North Carolina Gen. Stat. § 44-50 (Enforcement/limits of liens) - Governs enforcement and distribution considerations related to those liens.
• North Carolina Gen. Stat. § 108A-57 (Medicaid subrogation) - Requires repayment to Medicaid from third-party recoveries.
• North Carolina Gen. Stat. § 135-48.37 (State Health Plan recovery) - Authorizes recovery by the State Health Plan from liable third-party proceeds.

Analysis

Apply the Rule to the Facts: Because the insurer wants a written statement during its investigation, your lawyer should vet and deliver any statement to avoid admissions that could undermine liability or damages. Your updates should give your attorney a full, organized picture—providers, dates, restrictions, bills, and insurance—so counsel can share only what is necessary and preserve your claim. Identifying Medicaid, Medicare, or State Health Plan coverage early helps your attorney address statutory reimbursement before settlement.

Process & Timing

1. Who files: You (the injured party) send updates to your attorney. Where: Directly to your lawyer’s office in North Carolina. What: A dated treatment summary with provider list, visit dates, diagnoses, work restrictions, medications, imaging, referrals, bills, EOBs, receipts, and mileage; include your health insurance type and any lien notices. When: Every 30–45 days or after major care events (ER, surgery, injections, new diagnoses, discharge).
2. Your attorney reviews and decides what to transmit to the insurer, obtains targeted records, and schedules any insurer statement only after preparing you. Records requests can take 2–4+ weeks; expect insurers to ask for updates every 30–60 days.
3. As care stabilizes, your attorney collects final bills and resolves valid liens or reimbursements before issuing any settlement disbursements.

Exceptions & Pitfalls

• Do not give a written or recorded statement or sign broad medical authorizations for the insurer without your lawyer; your words can be used to dispute fault or causation.
• Report gaps in treatment and why they occurred; unaddressed gaps can be used to question medical necessity.
• Tell your lawyer if you have Medicare, Medicaid, or State Health Plan coverage; repayment duties can affect timing and net recovery.
• Keep originals of bills, EOBs, and receipts; missing documents delay negotiations and lien resolution.
• Avoid discussing your injury on social media; insurers monitor public posts.

Talk to a Personal Injury Attorney

If you're dealing with treatment updates and insurer requests during an open claim, 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.