Short Answer

In North Carolina, the personal representative (executor or administrator) or the attorney for the estate can call the insurer with the decedent’s name and accident date to locate or confirm an existing claim number. Most insurers will provide or confirm a claim number but require a letter of representation and proof of authority (Letters Testamentary/Administration and a death certificate) before discussing details. Only a duly appointed personal representative may negotiate or settle claims for the estate.

Understanding the Problem

You want to get the insurer’s claim number on a fatal crash claim already opened under your relative’s name. In North Carolina, the estate’s attorney typically contacts the insurer to locate or confirm the claim using the decedent’s last name and accident date, then emails a letter of representation that lists the claim number.

Apply the Law

Under North Carolina law, the estate’s personal representative (PR) is the proper party to act for the estate, including communicating with insurers about wrongful death or related claims. The PR’s authority begins when the Clerk of Superior Court issues Letters Testamentary (for a will) or Letters of Administration (if no will). Insurers commonly require a letter of representation plus proof of the PR’s appointment and the death certificate before releasing claim information or discussing evaluation and settlement. Wrongful death claims must be brought in the name of the PR and have a two-year deadline from the date of death.

Key Requirements

• Proper authority: You must be the appointed personal representative or the attorney representing the PR to act for the estate.
• Proof for the insurer: Provide a letter of representation, certified Letters Testamentary/Administration, and a certified death certificate.
• Minimum identifiers: Give the decedent’s full name and accident date so the insurer can locate and confirm the claim number.
• Scope of communication: Insurers may confirm a claim number but will withhold details until they verify authority; only the PR (or counsel) may negotiate.
• Deadline awareness: Wrongful death actions have a two-year statute of limitations from the date of death.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-18-2 (Wrongful death) - Only the personal representative may bring a wrongful death claim for the estate.
• North Carolina Gen. Stat. § 28A-13-1 (Commencement of duties) - A personal representative’s powers begin upon appointment.
• North Carolina Gen. Stat. § 28A-6-1 (Application for letters) - Sets out how to apply for appointment and issuance of Letters by the Clerk.
• North Carolina Gen. Stat. § 1-53(4) (Two-year limitation) - Wrongful death actions generally must be filed within two years of death.

Analysis

Apply the Rule to the Facts: Here, the attorney has already called the insurer, which located the claim by the decedent’s last name and accident date. The next step is to email a letter of representation that lists the claim number in the subject line and encloses the certified Letters and death certificate, so the insurer can verify authority. Once verified, the insurer can speak substantively with counsel and assign or confirm the adjuster for ongoing communications.

Process & Timing

1. Who files: The personal representative (or the estate’s attorney). Where: First, qualify the PR with the Clerk of Superior Court in the county of the decedent’s domicile. What: Apply for appointment and issuance of Letters using AOC-E-201 (Probate and Letters, if there is a will) or AOC-E-202 (Letters of Administration, if no will). When: As soon as practical after death, because insurers will require proof of authority.
2. Contact insurer: Call the insurer’s claims line with the decedent’s full name and accident date to locate or confirm the claim number; request the assigned adjuster’s contact. Same day to a few days, depending on the carrier.
3. Confirm in writing: Email a letter of representation with the claim number in the subject line and attach the Letters and certified death certificate. Ask for written acknowledgment of representation and preservation of relevant records. The insurer should then communicate directly with counsel using the claim number.

Exceptions & Pitfalls

• If you are not the appointed PR or the PR’s attorney, the insurer may refuse to share information beyond basic confirmation.
• If Letters are not yet issued, an insurer may assign or confirm a claim number but will typically limit discussion until authority is verified.
• Expect requests for HIPAA or other releases before the insurer discloses medical records or policy details.
• Do not assume the claim number preserves legal rights; the two-year wrongful death statute of limitations still applies.

Talk to a Personal Injury Attorney

If you're dealing with an insurer after a fatal crash and need to confirm or obtain the claim number for the estate, 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.