What information does an estate’s attorney need to provide to an insurer to discuss a wrongful death claim? – North Carolina

Short Answer

In North Carolina, an insurer will usually discuss a wrongful death claim only with the estate’s court-appointed personal representative (or that representative’s attorney). Practically, that means the attorney should be ready to provide proof of representation and proof of the personal representative’s authority, typically by sending a letter of representation plus the estate’s Letters Testamentary or Letters of Administration. The insurer will also usually need basic identifiers for the loss (date of crash, insured’s name, decedent’s name) to locate the claim number and the assigned adjuster.

Understanding the Problem

Under North Carolina wrongful death practice, the key question is what an estate’s attorney must provide to an insurance company so the insurer will open communication about a motor-vehicle wrongful death claim and share basic claim-file details like the claim number and the adjuster’s contact information. The decision point is whether the attorney can show that the attorney represents the legally authorized person to act for the estate in the wrongful death matter.

Apply the Law

North Carolina generally requires that a wrongful death claim be pursued through the decedent’s estate by the person the court appoints to administer the estate (the “personal representative”). Insurers commonly treat that personal representative as the only person with authority to make demands, receive settlement communications, and sign releases for the wrongful death claim. Because insurers also have privacy and fraud-prevention concerns, they typically require written proof of authority and representation before discussing claim details beyond general information.

Key Requirements

Proof of authority (estate appointment): Documentation showing who the court appointed as the estate’s personal representative (often called Letters Testamentary or Letters of Administration).
Proof of representation (attorney authority): A letter of representation (and often an authorization signed by the personal representative) confirming the attorney is authorized to communicate with the insurer about the wrongful death claim.
Enough identifiers to locate the claim: Core facts that let the insurer find the correct file (insured’s name, date of loss, location, decedent’s name, and any known policy/claim numbers).

What the Statutes Say

N.C. Gen. Stat. § 1-22 (Actions by personal representative after death) – Recognizes that certain claims after death are brought by a personal representative, reinforcing why insurers look for proof of that role before substantive discussions.

If the insurer conversation turns to policy-limits disclosure, North Carolina has a specific statute that can require disclosure when a proper request is made; the exact requirements can be technical and depend on the type of claim and request format.

Analysis

Apply the Rule to the Facts: Here, an attorney represents an estate pursuing a motor-vehicle wrongful death claim and wants the insurer’s claim number and the assigned adjuster’s contact information. The insurer will typically confirm those details once it can verify (1) who the personal representative is and (2) that the attorney is authorized to speak for that personal representative. If the estate has not been opened yet (so no Letters have been issued), the insurer may limit communications until a court appointment exists, even if the insurer is willing to note the attorney’s contact information.

Process & Timing

Who contacts the insurer: The estate’s attorney on behalf of the personal representative. Where: The insurer’s claims department (often the assigned adjuster). What: Send a letter of representation and attach (or offer to provide) certified Letters Testamentary/Letters of Administration naming the personal representative; include the decedent’s name, date of crash, and the insured’s name to help locate the file. When: As soon as counsel is retained and the estate appointment is in place.
Insurer verification step: The insurer typically confirms the claim number, the adjuster’s name, and preferred contact method after it logs the representation and verifies the personal representative’s authority. Some insurers also request a signed authorization from the personal representative allowing the insurer to communicate with counsel.
Ongoing claim communications: Once representation is confirmed, the insurer and counsel usually exchange the basic investigation materials (as appropriate), discuss liability and damages, and address settlement logistics (including who must sign releases and how settlement checks should be made payable).

Exceptions & Pitfalls

No estate opened yet: If no personal representative has been appointed, the insurer may refuse to discuss substantive claim issues and may only take preliminary notice of a potential claim.
Wrong person claiming authority: Family members often assume they can act for the claim, but insurers typically require the court-appointed personal representative for wrongful death communications and releases.
Incomplete identifiers: If the letter lacks the insured’s name, date of loss, or other key identifiers, the insurer may not be able to locate the correct file and may delay providing the claim number/adjuster information.
Medical and records privacy issues: Even after representation is confirmed, insurers often require separate written authorizations before releasing or discussing certain medical or sensitive records.

Conclusion

In North Carolina, an insurer typically will not discuss a wrongful death claim with an estate’s attorney until the attorney can show authority to act through the estate’s court-appointed personal representative. In practice, that usually means providing a letter of representation plus the estate’s Letters Testamentary or Letters of Administration, along with basic crash identifiers so the insurer can locate the file and confirm the claim number and adjuster. The next step is to send the representation packet to the insurer’s claims department promptly, keeping the wrongful death filing deadline in mind.

Talk to a Wrongful Death Attorney

If a motor-vehicle crash led to a death and an insurer will not share claim-file details or discuss the case without estate documentation, our firm has experienced attorneys who can help clarify what paperwork is needed and what timelines apply. 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.