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Denying a claim
by Joann Monroe
(West Bloomfied, MI , USA)
I was told by my insurance company that it is really hard for them to believe my statement and with out my company phone records and a statement from my sister who took me to the police station to report the claim they will more likely deny my claim. Can they deny my claim for that?
Most likely yes. Insurance companies have the power to decline a claim if they believe you (the consumer or insured) have not prove your and claim. The way it is supposed to work is you present a claim and prove that you have damages according to your facts, and the burden shifts to the insurance company to show that there is no coverage or a exclusion applies.
In your case, they are saying that you did not carry your burden (more likely than not) that your case occurred a certain way.
If they are asking for phone records and a declaration from your sister, allow them to see everything. You have nothing to lose by allowing them to investigate your claim. They will have to show that things did not happen a certain way. If you decline to surrender the records or give an statement they will argue that it was your failure to show that you indeed had damages. If you have nothing to hide, you can show them your records.
It is strongly advised that you talk to a lawyer before making any decision on your claim
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