Jan72026
Wrongful Death

What happens after the lawyer contacts the insurance companies listed in the police report? – North Carolina

Short Answer

In North Carolina, once counsel contacts the insurance companies listed in the police report, the insurers typically open claims, confirm whether coverage applies, and assign adjusters to investigate. Counsel then gathers key records (the crash report file, medical and billing records, employment and income information, and estate documents) and presents a demand package that explains liability and damages. If the insurer disputes fault, coverage, or value, the next step may be filing a wrongful death lawsuit before the two-year deadline.

Understanding the Problem

After a North Carolina wrongful death lawyer sends notice to the insurance companies identified in a police report, what steps usually follow before a claim resolves or a lawsuit gets filed? The focus is the sequence that typically starts with claim setup and coverage review and then moves into investigation, documentation, negotiation, and—if needed—litigation. The key decision point is whether the insurer accepts coverage and responsibility early enough to resolve the claim without filing suit.

Apply the Law

North Carolina wrongful death claims are brought by the decedent’s personal representative (often an estate administrator) on behalf of the statutory beneficiaries. The claim can resolve through an insurance settlement or through a civil lawsuit in the North Carolina trial courts. A critical timing rule applies: a wrongful death lawsuit generally must be filed within two years of the date of death, so the insurance investigation and negotiations must move with that deadline in mind.

Key Requirements

  • Proper claimant (personal representative): The estate’s appointed personal representative has the authority to pursue the wrongful death claim and sign claim-related paperwork on behalf of the claim.
  • Proof of liability and coverage: The claim must show a wrongful act, neglect, or fault that caused death and that an insurance policy (or other source) potentially covers the at-fault party.
  • Proof of damages recognized in wrongful death: The claim must document the categories of loss North Carolina allows in wrongful death cases (which can include medical and funeral expenses and other legally recognized losses tied to the death).

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the estate has an appointed administrator and an engagement agreement naming the estate as the client, which puts the proper party in place to start the claim. Once counsel contacts the insurers listed in the police report, the main early goal is to confirm coverage and open the claim so the insurer can evaluate liability and damages. At the same time, counsel must build the documentation needed to support wrongful death damages and keep the two-year filing deadline in view while negotiations proceed.

Process & Timing

  1. Who files: The personal representative (through counsel). Where: Initially with the insurance company’s claims department; if suit is needed, in the appropriate North Carolina trial court (typically Superior Court) for the proper venue. What: A notice/representation letter, request for policy and coverage information, and proof of appointment (letters of administration or similar estate authority). When: As soon as practical after appointment, while tracking the two-year wrongful death lawsuit deadline.
  2. Claim setup and coverage review: The insurer assigns a claim number and adjuster, confirms the named insured and policy dates, and evaluates whether exclusions or coverage issues may apply. Counsel often follows up to confirm all potentially applicable coverages (for example, multiple policies or additional insureds) and to identify any other carriers involved.
  3. Investigation, documentation, and demand: The insurer investigates fault using the police report and any available statements, photos, or scene evidence. Counsel gathers and organizes records that support damages (medical bills, funeral expenses documentation, and other loss evidence) and submits a demand package. If the insurer disputes fault or value, counsel may continue negotiations, propose mediation, or file suit to preserve the claim and use formal discovery.

Exceptions & Pitfalls

  • Police report listings can be incomplete: The report may list an insurer that later denies coverage or may omit other policies; relying on the report alone can miss additional coverage.
  • Early releases and broad paperwork: Insurers may request authorizations or releases early; signing broad releases too soon can create avoidable problems if more coverage or responsible parties are later identified.
  • Deadline pressure: Adjusters may continue “reviewing” while the two-year deadline approaches; preserving the claim may require filing suit even if negotiations seem active.

Conclusion

After counsel contacts the insurance companies listed in the police report, the usual next steps are claim setup, coverage confirmation, investigation, and a documented demand that explains liability and wrongful death damages. In North Carolina, the personal representative drives this process on behalf of the beneficiaries. The most important timing rule is the two-year deadline to file a wrongful death lawsuit. The next step is to submit proof of appointment and a complete demand package early enough to allow meaningful negotiations before that deadline.

Talk to a Wrongful Death Attorney

If you’re dealing with a wrongful death claim and insurers have been identified in a police report, our firm has experienced attorneys who can help you understand the process, gather the right documents, and track key 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.

Category: Wrongful Death

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.