Proof of Loss

PROOF OF LOSS OBLIGATIONS

When an insured has suffered a loss and wants to prove coverage under an automobile insurance policy, the insured must show the insurance and delivery of the policy, payment of the premium, a loss caused by a risk insured against, and must shoe the issuance and delivery of the policy, payment of the premium, a loss caused by a risk insured against, and notice and proof of loss to the insurance company. The proof of loss must be in writing and set forth the injuries or damage sustained. A valuation of the loss should also be provided.

An insures can take a damages automobile to an insurance company;s adjuster for an estimate of repair. The insurance company will then submit a proof of loss to the insured based on the adjuster’s contract for repairs. An insurance agent who issues an automobile insurance policy has no authority to waive a written proof of loss. An insured should not rely on such “waiver”.

Insurance coverage can be forfeited if an insured fraudulently misrepresents items in a proof of loss. This forfeiture is authorized by statute. The fraud must be a deliberate false assertion of facts in the proof of loss. An inflated valuation of a claim is not necessarily fraud.

The proof of loss should contain whatever is required by the insurance policy. However, an insurance company cannot reject a written proof of loss because it does not contain a policy number or any other information that the insurance company already has. The failure of n insured to provide a proof of loss has been held to preclude recovery under the insurance policy.