Short Answer

Yes—but in practice, you send the letter of representation to the insurer, not the other way around. In North Carolina, the attorney for the court‑appointed personal representative can contact the auto insurer, obtain the claim number, and send a written letter of representation directing the insurer to communicate through counsel. Include proof of the personal representative’s authority and watch the wrongful death filing deadline.

Understanding the Problem

In North Carolina, can an attorney for a personal representative ask the auto insurer to recognize their representation and route claim communications through the attorney? Here, the insurer found the claim using the decedent’s last name and accident date, and the attorney plans to email a representation letter listing the claim number.

Apply the Law

North Carolina law requires that wrongful death and related accident claims be handled by the personal representative (executor or administrator). An attorney may communicate with the insurer on the personal representative’s behalf, and should promptly send a letter of representation so the insurer directs all communications to counsel. If settlement is later reached, approval rules may apply before funds are distributed.

Key Requirements

• Authorized client: You represent the duly appointed personal representative; only a personal representative can pursue a wrongful death claim.
• Proof of authority: Provide Letters Testamentary or Letters of Administration and a death certificate so the insurer can discuss claim details.
• Written notice to insurer: Send a clear letter of representation that lists the claim number, decedent’s name, and date of loss, and directs all contact to counsel.
• Privacy and records: Use appropriate medical authorizations to obtain records; insurers often require HIPAA‑compliant releases.
• Settlement approvals: If beneficiaries include minors or if all adult beneficiaries do not consent in writing, a judge must approve any wrongful death settlement before distribution.
• Deadlines: Wrongful death lawsuits are generally subject to a two‑year statute of limitations from the date of death; calendar this early.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-18-2 (Wrongful death) - Only the personal representative brings the claim; sets distribution and allowable expenses.
• North Carolina Gen. Stat. § 28A-13-3 (PR powers) - Authorizes the personal representative to compromise or settle claims; court approval needed in specific circumstances.
• North Carolina Gen. Stat. § 28A-14-1 (Notice to creditors) - No creditor notice is required if the only estate asset is a wrongful death claim.
• North Carolina Gen. Stat. § 1-53 (Two-year limitations) - Sets a two‑year limitations period for wrongful death actions.

Analysis

Apply the Rule to the Facts: Because only a personal representative may pursue a wrongful death claim, the insurer will expect to see Letters Testamentary or Letters of Administration before discussing details. Sending your letter of representation with the claim number in the subject line is appropriate and ensures all contact flows through counsel. Attach proof of authority and, when needed, HIPAA‑compliant releases. Track the two‑year deadline if litigation becomes necessary and remember court approval rules before distributing any settlement.

Process & Timing

1. Who files: Attorney for the personal representative. Where: To the insurer’s claims department/adjuster. What: Letter of representation identifying the estate, claim number, date of loss, and counsel’s contact; attach Letters Testamentary/Administration and death certificate. When: Send immediately upon retention and after the claim number is confirmed; calendar the two‑year wrongful death deadline.
2. Provide any requested authorizations (e.g., medical/HIPAA) and cooperate on liability and damages investigation; timeframes vary by insurer and county practices.
3. If settlement is reached and approval is required, file a motion or petition for approval before a Superior Court judge (there is no statewide AOC form); after approval, the insurer issues payment per the order, and the personal representative accounts for distributions as required.

Exceptions & Pitfalls

• Insurers may decline to discuss claim details until you provide Letters Testamentary/Administration and a death certificate.
• Wrongful death proceeds are not general estate assets; they are not used to pay most estate debts and must be accounted for separately.
• Court approval is typically required if any beneficiary is a minor/incompetent or if all competent adult beneficiaries do not consent in writing.
• Resolve liens (e.g., Medicare/Medicaid) before distribution; failure to do so can delay payment and create liability.
• Do not miss the two‑year statute; sending a letter of representation does not extend or toll it.

Talk to a Personal Injury Attorney

If you're dealing with an insurer after a fatal crash on behalf of an 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.