Who bears the burden of proof in an insurance claim for a loss?

In an insurance claim for a loss, the burden of proof typically falls on the insured. This means that the individual who is filing the claim must provide evidence to support their assertion that a loss occurred and that it is covered under the insurance policy. The insured must demonstrate the legitimacy of the claim, which can include presenting documentation such as photographs of the damage, repair estimates, or police reports.

The rationale behind this is that the insured is the party making the claim for compensation. They need to substantiate their claim to show that it meets the criteria outlined in their policy, which includes establishing the extent of the damage and what losses were incurred. By bearing the burden of proof, the insured ensures that there is a clear foundation for the claim being put forward before the insurer evaluates the request for compensation. This process helps maintain accountability and prevents fraudulent claims by requiring adequate evidence from the claimant.