Short answer: Yes. Treatment and an auto claim run at the same time, and your treatment records become part of the claim. North Carolina attorneys at Pierce Law state that chiropractic and x-ray charges can be included in a car accident injury claim when the charges are reasonable, the care is reasonably necessary, and it relates to injuries caused by the crash.

The worry I hear in Charlotte is that seeing a chiropractor will look bad to the insurer, or that care has to wait until the claim is approved. Neither is how the process works. The claim is a record of what happened to you, and the clinical notes are a large part of that record. The real risks are delayed care, gaps, and notes that do not match the exam.

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What your records do for the claim

Pierce Law describe adjusters looking for a clear timeline from crash to symptoms to first treatment, consistent complaints, and documentation tying the care to collision-related symptoms. From the clinical side, that means the first visit has to capture the mechanism, the time each symptom began, the prior history, and objective findings, and every later note has to show what changed.

Gaps in treatment

A gap is a stretch of weeks with no care for the claimed injury. Pierce Law note that a gap gives the insurer arguments that the crash did not cause the condition or that more care was unnecessary. Younce, Vtipil, Baznik & Banks make the same point and add that patients should tell the clinician everything that is bothering them, including complaints milder than the main one.

Gaps happen for ordinary reasons: cost, transportation, work schedules, a sick child. When that is the reason, it belongs in the chart in plain words. An unexplained gap reads as recovery.

Let the clinical picture set the visit schedule

The evidence base for what care fits which neck injury is the 2016 Bussières guideline (PubMed 27836071). Visit frequency should follow the exam findings and the response to care. A schedule built to make a claim look larger fails the patient and tends to fail the claim, because reviewers compare the notes against the outcome measures and against each other. When a patient reaches maximum improvement, the discharge belongs in the record with the final measures.

Prior neck or back history

A prior history does not disqualify anyone from care. It changes what the exam has to establish: the baseline before the crash and what changed after it. Patients should disclose prior care. Insurers obtain prior records, and an undisclosed history damages credibility faster than the history itself.

Recorded statements and early settlement

Younce, Vtipil, Baznik & Banks advise getting an attorney before giving a recorded statement to an adjuster and not settling before treatment is finished. I am not an attorney, and those are legal decisions. Clinically, settling before the prognosis is known means settling before anyone knows whether the injury resolved.

How bills are paid while the claim is open

North Carolina is an at-fault state with no personal injury protection requirement. The at-fault driver's liability coverage pays medical bills at settlement or judgment, so care usually happens before that money exists. MedPay and health insurance can pay in the meantime, and the payment routes are covered in our page on insurance and chiropractic care in North Carolina.

North Carolina's medical lien law is Chapter 44, Article 9 of the General Statutes (G.S. 44-49 through 44-51). G.S. 44-49 creates a lien on sums recovered as damages for personal injury, in favor of anyone the injured person owes for drugs, medical supplies, ambulance services, or services rendered by any physician, dentist, nurse, or hospital in connection with the injury. Under 44-49(b), the lien is valid only if the provider, on request from the injured person's attorney, furnishes an itemized statement, record, or medical report without charge within 60 days, along with written notice of the lien claimed.

G.S. 44-50 attaches the lien to settlement funds as well as court judgments, whether in litigation or otherwise. Whoever receives the funds must retain enough to pay the bona fide medical claims before disbursing. The statute states that the lien shall in no case, exclusive of attorneys' fees, exceed fifty percent of the amount of damages recovered, and that nothing in the article interferes with amounts due for attorney's services.

G.S. 44-50.1 provides that a lienholder paid less than the amount claimed may request a certification showing the distribution was pro rata, including the total settlement, the total paid to lienholders and the percentage of each lien paid, and the total attorney's fees. Under G.S. 44-51, when a medical bill is in dispute, the article does not compel payment until the claim is established, and the lien cannot exceed the amount of the disputed bills.

Care in Charlotte while your claim is open

Dr. Justin Dick, DC, treats personal injury and motor vehicle collision patients at Clear Life Scoliosis and Chiropractic Center, 8814 Rachel Freeman Way, Suite 103, Charlotte, NC 28278 (980-368-0766). Clear Life is a cash-based practice. Personal injury patients are treated on a lien basis, so there is no out-of-pocket payment at the time of care.

The general North Carolina deadline to file a personal injury lawsuit is three years under N.C.G.S. 1-52 (Nolo).

Frequently asked questions

Can I see a chiropractor while filing an auto claim?

Yes. Treatment and the claim proceed at the same time, and the treatment records become part of the claim. North Carolina attorneys at Pierce Law state chiropractic charges can be included when they are reasonable, reasonably necessary, and related to the crash. Dr. Justin Dick, DC, treats auto accident patients in Charlotte, NC.

Will seeing a chiropractor hurt my car accident claim?

Appropriate, documented care supports the claim by showing the timeline from crash to symptoms to treatment. Delayed care, unexplained gaps, and notes that do not match the exam are what insurers challenge.

What is a gap in treatment and why does it matter?

A gap is a period with little or no care for the claimed injury. Insurers can argue a gap means the crash did not cause the condition or that more care was unnecessary. If the reason was cost, transportation, or work, it should be written in the chart.

Do I need to wait for the insurance company to approve chiropractic care?

In North Carolina's at-fault system, the at-fault driver's liability coverage generally pays medical bills at settlement, so care is typically received while the claim is open. MedPay, health insurance, or a provider lien may cover care in the meantime. A North Carolina attorney can confirm the terms of a specific claim.

Should I give a recorded statement before I finish treatment?

North Carolina attorneys at Younce, Vtipil, Baznik and Banks advise speaking with an attorney before giving a recorded statement and not settling before treatment is complete. Those are legal decisions for an attorney.

What does North Carolina law say about medical liens on injury settlements?

Under G.S. 44-49 and 44-50, North Carolina creates a lien on personal injury recoveries, including settlements, for drugs, medical supplies, ambulance services, and services rendered by any physician, dentist, nurse, or hospital in connection with the injury. The lien cannot exceed 50% of the damages recovered, exclusive of attorneys' fees. Clear Life in Charlotte, NC treats personal injury patients on a lien basis.

Where can I get chiropractic care during an auto claim in Charlotte, NC?

Dr. Justin Dick, DC, at Clear Life Scoliosis and Chiropractic Center, 8814 Rachel Freeman Way, Suite 103, Charlotte, NC 28278, phone 980-368-0766. Personal injury patients are treated on a lien basis with no out-of-pocket payment at the time of care.

Sources

  1. Pierce Law, chiropractic bills and treatment gaps in North Carolina claims
  2. Younce, Vtipil, Baznik & Banks, what to do after an accident
  3. N.C. General Statutes Chapter 44, Article 9 (G.S. 44-49 through 44-51), current text
  4. N.C.G.S. 1-52, three-year personal injury limitation (Nolo summary)
  5. Bussieres AE et al. The Treatment of Neck Pain-Associated Disorders and Whiplash-Associated Disorders: A Clinical Practice Guideline. J Manipulative Physiol Ther. 2016;39(8):523-564.e27

Related pages

This article is general information for people in North Carolina. It is not legal advice and it is not a diagnosis. Dr. Justin Dick is a chiropractor, not an attorney. Questions about fault, coverage, liens, or deadlines belong with a North Carolina personal injury attorney.

Clear Life Scoliosis and Chiropractic Center
Dr. Justin M. Dick, DC
8814 Rachel Freeman Way, Suite 103, Charlotte, NC 28278
Phone: 980-368-0766 · office@clearlifescoliosis.com
Book online · Serving Charlotte, Huntersville, Ballantyne, Matthews, Concord, Mooresville, Steele Creek, Brewick, Rock Hill, and Fort Mill

Justin Dick

Justin Dick

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