Who typically bears the burden of proof in an insurance claim dispute?

In an insurance claim dispute, the burden of proof typically rests with the consumer or claimant. This means that it is the responsibility of the individual making the claim to provide adequate evidence to support their case. The rationale behind this principle lies in the fact that the claimant is the one asserting that they have suffered a loss that is covered under the terms of the insurance policy.

To successfully prove their claim, the consumer must present documentation, witness statements, or other forms of evidence that clearly establish the validity of their claim and demonstrate that the insurer is required to provide the necessary compensation as outlined in the policy. This is a standard legal principle rooted in civil procedure, where the party initiating the claim must substantiate their allegations.

While other parties, such as the insurance company, may present evidence or raise defenses in response to the claimant's assertions, the initial responsibility to prove the claim's validity falls on the consumer. In disputes where the insurer may contest the claim, they might argue against the evidence presented by the claimant; however, it is still the claimant who must first establish that their claim is valid and should be honored.