Jan72026
Wrongful Death

Can an insurance company share claim details with the estate’s attorney before a formal authorization or representation letter is on file? – North Carolina

Short Answer

In North Carolina, an insurance company usually will not (and often should not) share nonpublic claim-file details with someone claiming to represent an estate until it can verify that person’s authority. In practice, insurers commonly require a representation letter and proof that a personal representative has been appointed (or a signed authorization from the proper decision-maker) before releasing claim numbers, adjuster assignments, statements, or other file contents. Limited “routing” information may be shared in some situations, but insurers typically confirm identity and authority first to avoid releasing information to the wrong person.

Understanding the Problem

Can an auto insurer in North Carolina give an estate’s attorney claim-file details (like a claim number and the assigned adjuster’s contact information) when the insurer has not received a representation letter, a signed authorization, or other proof that the attorney is allowed to act for the estate in a wrongful death matter?

Apply the Law

North Carolina wrongful death claims are generally pursued in the name of the decedent’s estate through a court-appointed personal representative. Because an insurance claim file can contain sensitive, nonpublic information (including statements, medical or financial details, and investigative materials), insurers commonly treat the file as something they should discuss only with the insured, the claimant with verified authority, or counsel whose authority has been confirmed. The practical “gatekeeping” issue is authority: whether the person requesting information is actually authorized to receive it on behalf of the estate.

Key Requirements

  • Verified authority to act for the estate: The insurer typically wants proof that the requesting attorney represents the court-appointed personal representative (not just a family member) or has a valid authorization from the proper representative.
  • Identity confirmation and privacy controls: Insurers generally confirm who is requesting information and whether sharing it could disclose nonpublic information about the insured, the decedent, or other parties.
  • Scope-limited disclosure: Even after authority is confirmed, insurers often limit what they share informally (for example, basic contact routing versus investigative materials) unless and until a claim is formally presented or litigation discovery applies.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The request is for the existing claim file details (including the claim number and the adjuster’s contact information) in a wrongful death claim arising from a motor-vehicle accident. Because the request comes from an attorney “representing an estate,” the insurer will typically ask for a representation letter and proof of the personal representative’s appointment (or other reliable documentation) before treating the caller as authorized. Without that verification, the insurer may decline to provide claim-file details or may provide only minimal routing information after confirming identity and the nature of the request.

Process & Timing

  1. Who provides proof: The estate’s attorney (on behalf of the personal representative). Where: To the insurer’s claims department/assigned adjuster for the insured policyholder. What: A representation letter plus documentation showing the personal representative’s authority (commonly letters testamentary/letters of administration or other court-issued appointment paperwork). When: As early as possible, before requesting any claim-file details beyond basic contact routing.
  2. Insurer verification: The insurer typically confirms the personal representative’s identity and the attorney-client relationship, then notes counsel representation in the claim system and routes future communications through counsel.
  3. Information exchange: Once representation is confirmed, the insurer commonly provides the claim number, adjuster contact information, and instructions for submitting the claim and supporting documentation. Broader file contents are often not provided informally and may require formal requests, releases, or litigation discovery depending on what is sought.

Exceptions & Pitfalls

  • “Estate attorney” versus “personal representative’s attorney”: In wrongful death matters, insurers often require confirmation that counsel represents the court-appointed personal representative, not only a family member who expects to open an estate.
  • Partial disclosure can still be risky: Even a claim number or adjuster assignment can be treated as nonpublic claim information in some systems. Many insurers will not release it until authority is confirmed.
  • Mixing roles and parties: A claim may involve multiple insurers (liability, UM/UIM, med pay). Each carrier may require separate proof of authority before discussing its file.
  • Assuming the insurer must share the “file” pre-suit: Even with proper authority, insurers often do not provide investigative materials, recorded statements, or internal evaluations voluntarily. Those issues are usually handled through negotiated exchange, releases, or formal discovery after suit.

Conclusion

In North Carolina, an insurer generally should verify an estate attorney’s authority before sharing claim-file details, because wrongful death claims are typically pursued through the estate’s personal representative and claim files often contain nonpublic information. The practical rule is simple: no verified authority, no claim details beyond what the insurer is comfortable sharing for basic routing. The next step is to send a representation letter and proof of the personal representative’s appointment to the insurer’s claims department promptly.

Talk to a Wrongful Death Attorney

If a wrongful death claim is underway and an insurer is refusing to discuss the claim file until authority is confirmed, our firm has experienced attorneys who can help clarify who has legal authority to act for the estate and what documentation is typically needed to move the claim forward. 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.