Rhode Island Insurance Adjuster Exam

Who bears the burden of proof that a loss occurred in insurance claims?

1. The insurer

2. The individual adjusting the claim

3. The person asserting the claim

4. The appraiser

The correct answer is: The person asserting the claim

In insurance claims, the person asserting the claim bears the burden of proof that a loss occurred. This principle is anchored in the legal concept of "burden of proof," which dictates that when a claim is made, the responsibility to provide evidence of the claim lies with the party making the assertion—in this case, the claimant. In practical terms, this means that the insured party must provide sufficient documentation and evidence to demonstrate their loss and justify the claim they are making against their insurance policy. This can include evidence such as photographs, repair bills, witness statements, and other relevant documentation that supports their assertion of the loss they have suffered. Understanding this mechanism is crucial for both claimants and insurance professionals, as it establishes the foundation of the claims process and clarifies the responsibilities involved.