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What is a Sworn Statement in Proof of Loss and Why Does My Insurance Want It?

A Sworn Statement in Proof of Loss is a document filed by a policyholder when an incident results in an insurance claim.

Whether in a car accident or any other event, property damage often unlocks quite a lengthy process for the owner to recover damages.

Though you are likely carrying the right insurance, the claims process is rarely simple. In fact, it can contain a lot of confusing steps.

Case in point: a Sworn Statement in Proof of Loss. What is it, and why is the insurance company asking for it?

sworn statement after car accident

What is a Sworn Statement in Proof of Loss?

A Sworn Statement in Proof of Loss is a document filed by a policyholder when an incident results in an insurance claim. For instance, if you get into a car accident and your vehicle gets damaged, your insurance company will ask you to file this document, which will provide the value of the loss to the company.

It’s usually one page in length and contains some essential information relating to your claims, such as loss estimates and even evidence.

The proof of loss is an official, notarised, and sworn statement, meaning it is crucial to pay close attention to what you’re saying in the form, as well as how you’re saying it.

Why Is the Insurance Company Asking for This Document After a Car Accident?

If you take out your policy to read it, you’ll find that the insurance company has the right to request a Sworn Statement in Proof of Loss, but they don’t do it a lot of the time. So it is possible that for a previous claim you’ve filed, you have had to file this document, even if you had the same insurer.

Usually, insurers will ask for these documents when the insurance claim meets certain criteria:

  • A higher claim
  • Policyholder credibility issues
  • Suspicion of fraud

If the insurance company asks for this document, they may suspect something is not entirely right with your claim. They may doubt if you are eligible for compensation (especially if they suspect you purposefully caused the damage yourself), feel the need to double-check the claim in case of a high potential settlement, or they doubt your credibility.

What Can You Do?

Since your insurance company has the risk of asking for this document, if they request it, you have to comply. However, considering it is a sworn statement, you need to be very careful about the information you put down. Any inaccuracies or embellishments can be enough for the insurance company to deny your claim.

Because of this, you should consult with an experienced St. Louis car accident attorney for help in filling this document and make sure you don’t end up damaging your claim by mistake. An experienced lawyer can also fight to make sure you get a fair settlement and help you prepare a strong case by gathering sufficient evidence, talking to witnesses, and even representing you in court if needed.


Free Consultation with a St. Louis Car Accident Lawyer

Don’t talk to an insurance claims adjuster before speaking with The Hoffmann Law Firm, L.L.C. We can help you avoid making statements that may affect the outcome of your case. The consultation is free; you don’t pay unless we get you money!

Free Consultation (314) 361-4242

Updated: June 15, 2021