Who typically has the burden of proof that a covered loss has occurred?

Prepare for the New York State Auto Damage and Theft Test. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

In the context of an insurance claim for a covered loss, the insured holds the burden of proof. This means that the individual or entity that is making the claim must provide sufficient evidence demonstrating that a loss has occurred and that it qualifies for coverage under the terms of the insurance policy.

This typically involves presenting documentation such as police reports, repair estimates, photographs of damages, and any correspondence associated with the loss. The insured must show not only that the event occurred but also that it falls within the parameters of the policy to receive compensation.

While the insurance company does play a role in investigating the claim and asserting its obligations under the policy, it is the insured’s responsibility to substantiate the claim with credible and sufficient evidence. The adjuster, while responsible for assessing the damages and determining the value of the claim, does not bear the burden of proving that a loss occurred. Similarly, the appraiser is involved in the evaluation process and does not carry the responsibility of proving entitlement to coverage.

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