Wrongful Death

What medical records or documents should I send my lawyer when I get letters from the insurance company about my accident? – North Carolina

Short Answer

In North Carolina, when an insurance company sends a letter saying there is no medical treatment on file, the most helpful items to send a lawyer are (1) the letter and envelope, (2) any proof of medical care already received (ER/urgent care/primary care notes, imaging results, prescriptions, and discharge instructions), and (3) a clear list of where treatment is planned but delayed. If treatment has not started yet, the best “medical documentation” may be appointment confirmations, referral notes, and a short timeline showing symptoms and attempted scheduling. A lawyer can then respond to the insurer, request records the right way, and help avoid overbroad medical releases.

Understanding the Problem

In a North Carolina motor-vehicle accident claim, an insurance company may send a letter stating that no medical treatment appears in the file and asking that medical information be provided to an attorney. The decision point is what medical records and related documents should be sent to a lawyer so the claim can be evaluated and the insurer can be answered without sending unnecessary private health information. Timing matters because insurers often treat “no treatment yet” as a reason to delay, deny, or minimize an injury claim, even when pain is real and appointments are hard to obtain.

Apply the Law

North Carolina injury claims typically require proof that the crash caused an injury and that the injury led to medical care and other losses. Medical records are the main way to connect symptoms to the collision and to document diagnosis, treatment, and restrictions. Insurers commonly ask for records or authorizations, but the scope of what gets shared should match the injuries at issue and the time period that is actually relevant. A lawyer’s role is to gather and organize the right records, respond to the adjuster, and manage authorizations so the insurer gets what it needs without turning the claim into a fishing expedition.

Key Requirements

  • Proof of injury and causation: Records that show complaints (back/hip pain), exam findings, diagnoses, and the provider’s impression of how the injury happened.
  • Proof of treatment and expenses: Bills, itemized statements, and pharmacy receipts that show what care was received and what it cost.
  • Proof of ongoing impact: Work notes, activity restrictions, therapy plans, imaging results, and follow-up recommendations that show how the injury affects daily function and recovery.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the insurer’s letter says the file shows no medical treatment, while the reported symptoms include significant back and hip pain and treatment has not started due to referral/records hurdles and appointment delays. That means the most important documents for a lawyer are (1) the insurer’s letter itself, and (2) any existing medical paper trail that explains the delay (referrals, attempted scheduling, prior provider notes if any). Once treatment begins, the lawyer will typically want the first visit note, diagnostic testing results, and a running set of records and bills to show injury, causation, and the course of care.

What to send a lawyer (practical checklist)

  • The insurance letter and envelope: Send a clear photo/scan of every page, plus the envelope if it shows a postmark or deadline.
  • Any prior medical visit documents related to the crash: ER/urgent care discharge papers, after-visit summaries, triage notes, and provider instructions (even if the visit was brief).
  • Imaging and test results: X-ray/CT/MRI reports, radiology impressions, and any lab results tied to the injury complaint.
  • Medication and pharmacy records: Prescription lists, pharmacy receipts, and over-the-counter purchase receipts if they were recommended for the injury.
  • Referral and scheduling proof (when treatment has not started): Referral orders, messages with clinics, appointment confirmations, waitlist notices, and any “records request” correspondence showing why care has been delayed.
  • A short symptom and timeline summary: Dates of the crash, when pain started, what body parts hurt (back/hip), and what steps were taken to get care (calls made, referrals requested). Keep it factual and brief.
  • Health insurance and billing information: Health insurance card (front/back), explanation of benefits (EOBs) if any exist, and any provider billing statements received.
  • Work and activity restriction documents (if applicable): Doctor work notes, missed-work documentation, and any written restrictions on lifting, standing, or driving.

Related reading may help frame what insurers look for early in a claim, especially when treatment has not started yet: what information and documents an insurance adjuster needs to open a claim and how a police report can affect a claim when medical records are not available yet.

Process & Timing

  1. Who sends: The injured person (or a family representative) sends documents to the attorney. Where: The attorney’s intake portal/email/fax (as directed by the firm). What: The insurer letter, any existing medical paperwork, and a provider list (names, locations, dates). When: As soon as the letter is received, especially if it includes a response deadline.
  2. Attorney follow-up: The attorney typically identifies all providers, confirms whether treatment has started, and prepares a targeted response to the adjuster. If authorizations are needed, the attorney can use a limited, claim-focused authorization rather than a broad “any and all records” release.
  3. Ongoing updates: As new appointments occur, the attorney is usually updated with the date of service and provider name so records and bills can be requested and added to the claim file. (This is often more efficient than sending piecemeal screenshots of every portal entry.)

Exceptions & Pitfalls

  • Overbroad medical authorizations: A common mistake is signing an insurer-provided release that allows access to unrelated medical history. A narrower, claim-related approach often avoids unnecessary privacy issues.
  • “No treatment” gaps: Delays happen, but insurers may argue the injury was not serious or was caused by something else. Saving referral and scheduling proof helps explain the gap.
  • Incomplete provider list: Leaving out a clinic, imaging center, or pharmacy can create inconsistencies later. A simple list of every place contacted for back/hip care reduces that risk.
  • Sending originals and losing track: Sending the only copy of paperwork can create problems. Scans/photos with clear filenames and dates usually work best.

Conclusion

In North Carolina, the most useful documents to send a lawyer after an insurer claims there is no medical treatment are the insurer’s letter, any crash-related medical paperwork already received, and proof explaining any treatment delay (referrals, appointment confirmations, and a brief symptom timeline). These items help show injury, causation, and the start of a treatment plan without disclosing unrelated health history. The next step is to forward the letter and supporting documents to the attorney by the deadline stated in the letter.

Talk to a Wrongful Death Attorney

If a letter from the insurance company says there is no medical treatment on file after an accident, our firm has experienced attorneys who can help organize the right records, respond appropriately, and explain the timelines that matter. 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.