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Burden Of Proof: It's Not Your Job to Prove Anything...
The burden of proof in an insurance claim is different than in a court case. Insurance claims brought before a judge must prove negligence. This means that if you took your claim to court the burden of proof would be your responsibility. You, as the plaintiff, would have to show proof that the other person, the defendent, was at fault. The defendant is under no burden to prove they weren’t negligent.
Since your claim isn't a legal matter yet and you're just working with an adjuster, there's no burden of proof on you. However, preparing for the possibility of your claim going to court is a good idea. This is why we've discussed collecting evidence, talking to witnesses and taking accident photos.
But at this point, you're just trying to make a convincing argument to the adjuster.
If you tell the adjuster that the other party was negligent, you'll shift the focus from whether they are liable to what their liability will cost. Unlike in court, where you'd need proper evidence to support your story, when you're dealing with the adjuster you don't require actual evidence to back you up. Saying the other driver was speeding, didn’t signal, or was talking on their phone just has to sound likely.
If the adjuster decides your story is valid, they'll also decide to talk about reaching a settlement. If your story seems capable of showing a judge you've got enough evidence to prove you're right, the insurance company will want to settle to avoid the costs of going to court.
Even in defective product cases things sway in your favor, since there's still no real burden of proof. Due to something called strict liability, which we'll discuss later, defective product claims hold that the insured party is automatically negligent. All you have to do is reach a personal injury settlement with their claims adjuster.
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