Short Answer

Yes. In North Carolina, you (or your attorney) can request your own medical records and itemized bills at any time using a HIPAA-compliant authorization. Doing this does not admit fault or harm your claim; it preserves evidence, clarifies damages, and speeds up settlement or litigation later. Providers may charge reasonable copy fees, and if a lawsuit is filed, subpoenas can compel any missing records.

Understanding the Problem

In North Carolina, can an injured person—or their attorney—start collecting medical bills and records while the insurer is still deciding liability? Here, the insurer initially denied liability, and the claim is paused pending their decision. The key choice is whether to gather treatment records and itemized bills now to document injuries and costs, or to wait on the insurer’s review.

Apply the Law

Under North Carolina law, patients have access to their own medical records and bills through a signed HIPAA-compliant authorization. Providers can charge reasonable fees for copies. Before suit, records are obtained directly from providers; once a lawsuit is filed, records can also be obtained through subpoenas issued under the Rules of Civil Procedure. Separate from records access, North Carolina’s statute of limitations generally gives three years to file a personal injury lawsuit, which is not extended just because an insurer is reviewing liability.

Key Requirements

• Right to access: You or your attorney may request your medical records and itemized bills from each provider with a valid, signed HIPAA authorization.
• Proper scope and completeness: Ask for complete treatment records and itemized billing for all accident-related care (hospital, imaging, therapy, pharmacy), plus radiology reports.
• Reasonable copy fees: Providers may charge reasonable fees for copies of medical records.
• Subpoenas after suit: If a lawsuit is filed, records can be compelled with a subpoena under the civil rules.
• Do not miss deadlines: The three-year limitation period to file a personal injury action continues to run while the insurer evaluates liability.

What the Statutes Say

• North Carolina Gen. Stat. § 90-411 (Copying medical records; reasonable fees) – Providers may charge reasonable fees for furnishing copies of medical records.
• North Carolina Rule of Civil Procedure 45 (Subpoena) – Allows parties in litigation to subpoena documents, including medical records.
• North Carolina Gen. Stat. § 1-52 (Three-year limitations, including injury to the person) – Sets the general three-year deadline for personal injury lawsuits.

Analysis

Apply the Rule to the Facts: Because the insurer initially denied liability and is still reviewing, you can and should request your medical records and itemized bills now through HIPAA-compliant authorizations. Doing so preserves evidence and defines your damages, regardless of the insurer’s pending decision. If any provider is slow or incomplete and a lawsuit becomes necessary, Rule 45 subpoenas can fill gaps. Keep the three-year statute of limitations in mind while the insurer reviews.

Process & Timing

1. Who files: You or your attorney. Where: Directly with each provider’s medical records/billing department in North Carolina. What: Provider’s HIPAA-compliant medical release and a request for complete treatment records and itemized bills; include accident date and account numbers. If litigation is filed, use the AOC-G-100 Subpoena to compel records. When: Start immediately; providers commonly take a few weeks to respond.
2. Follow up every 2–3 weeks. If responses are incomplete (e.g., missing imaging, therapy notes, or itemized charges), send a targeted follow-up request. Track who has paid (you, health insurance, Medicaid/Medicare) for later reimbursement coordination.
3. Once complete, organize records chronologically, reconcile bills with insurance explanations of benefits, and use them to prepare your demand package. If a provider refuses or delays and suit has been filed, issue a Rule 45 subpoena through the Superior Court.

Exceptions & Pitfalls

• Missing or overbroad authorizations: Ensure each HIPAA release is signed, dated, and identifies the provider and date range; avoid needlessly broad disclosures.
• Incomplete productions: Ask specifically for itemized bills, provider notes, operative reports, radiology reports, and therapy notes to reduce gaps.
• Reimbursement rights: Track payments by health plans or public benefits; they may assert reimbursement or lien rights that must be resolved at settlement.
• Waiting on the insurer: Do not delay gathering records because liability is under review—doing so risks lost documents and compresses your timeline near the filing deadline.

Talk to a Personal Injury Attorney

If you’re dealing with an injury claim and need to gather medical records and bills while an insurer reviews liability, 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.