Can my lawyer help communicate with the insurance company or providers when they question my injuries or treatment? – North Carolina

Short Answer

Yes. In North Carolina, a lawyer can communicate with the insurance adjuster and medical providers on a client’s behalf, respond to letters questioning injuries or treatment, and help gather and send supporting records in a controlled way. A lawyer can also help explain treatment delays (like referral and scheduling problems) and keep the claim moving while care is being arranged. Medical records usually require written authorization, and providers may charge copying fees.

Understanding the Problem

In North Carolina, after a motor-vehicle accident, an insurance company may question whether reported back and hip pain is connected to the crash when there is little or no documented medical treatment yet. The decision point is whether a lawyer can step in to communicate with the insurance adjuster and medical providers to address concerns about injuries, treatment gaps, and missing records while treatment is still being scheduled.

Apply the Law

North Carolina injury claims are usually handled through the insurance claims process first, where the adjuster evaluates whether the claimed injuries are related to the crash and whether the treatment appears reasonable and necessary. A lawyer can send a letter of representation, direct communications through counsel, and help collect and organize medical documentation (with proper authorizations) so the insurer receives consistent, complete information. If a provider needs records released, North Carolina law allows providers to charge regulated copy fees, and the request often must come with a signed authorization naming the patient’s designated representative.

Key Requirements

Clear authority to speak for the client: The insurer and providers typically need confirmation the lawyer represents the injured person (and, for medical records, a signed authorization).
Documented medical support: The claim is stronger when records show complaints, exam findings, diagnoses, and a treatment plan that matches the reported injuries.
Consistent explanation for treatment delays: When treatment has not started or there is a gap, the claim file should reflect a non-medical reason (referral delays, records transfer issues, scheduling backlogs) rather than silence.

What the Statutes Say

N.C. Gen. Stat. § 90-411 (Medical record copy fee) – Allows providers to charge capped, per-page fees (and a limited minimum fee) for copying and sending medical records to a patient or the patient’s designated representative.
N.C. Gen. Stat. § 7A-38.3A (Prelitigation mediation of insurance claims) – Describes a process an insurer may use to request pre-suit mediation and notes that certain time periods can be tolled during that mediation process.

Analysis

Apply the Rule to the Facts: Here, the letter says the accident file does not show medical treatment yet, and it instructs that the letter be provided to an attorney. Because treatment has been delayed by referral/records hurdles and difficulty getting an appointment, a lawyer can (1) notify the insurer that representation has started, (2) explain the non-medical reasons for the delay, and (3) help obtain and send any available documentation (ER/urgent care notes if any, primary care notes, referral requests, scheduling confirmations, and later the first treatment records) using proper authorizations.

Process & Timing

Who files: The injured person’s lawyer typically sends a letter of representation and requests the claim contact information. Where: Directly to the insurance adjuster handling the bodily injury claim. What: A representation letter, a request for the claim file status, and (when appropriate) signed medical authorizations so records can be requested. When: As soon as the insurer starts questioning the lack of treatment or sends a documentation request.
Records and provider coordination: The lawyer (or staff) can request records from prior providers, confirm referral status, and help schedule an evaluation. Providers may charge copy fees under North Carolina law, and some offices will not release records without their preferred authorization form.
Substantive response to the insurer: Once the first visit occurs, the lawyer can forward the initial evaluation records and keep the adjuster updated with periodic record/bill packages so the insurer’s file reflects ongoing care rather than a “no treatment” narrative.

Exceptions & Pitfalls

Overbroad authorizations: Signing a blanket authorization can lead to the insurer receiving unrelated history that distracts from the crash injuries; a lawyer often narrows requests to relevant providers and timeframes when appropriate.
Silence about treatment gaps: If the file shows no treatment and no explanation, the insurer may argue the pain was minor or unrelated. A short, accurate explanation of referral and scheduling barriers can prevent that assumption from hardening.
Direct adjuster contact after hiring counsel: Ongoing direct calls with the adjuster can create inconsistent statements about symptoms, prior conditions, or timing. Many clients route communications through counsel once represented.
Provider billing and record delays: Medical offices often take time to produce records and bills; planning for those delays helps avoid missed insurer deadlines and incomplete submissions.

Conclusion

Yes—under North Carolina practice, a lawyer can communicate with the insurance company and medical providers to respond when an adjuster questions injuries or a lack of treatment, and can help gather and submit supporting records with proper written authorization. Providers may charge regulated copying fees, so record collection often takes planning. The most practical next step is to have counsel send a representation letter and targeted medical-record authorizations to the adjuster promptly after the insurer’s letter arrives.

Talk to a Wrongful Death Attorney

If an insurance company is questioning injuries or pointing to a lack of treatment after a crash, our firm has experienced attorneys who can help manage communications, gather records, and explain delays while care is being arranged. 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.