What Is a Proof of Loss?

A Proof of Loss is a formal, sworn statement that you submit to your insurance company documenting the details of your loss. It's essentially a legal declaration, signed under oath (and often notarized), that describes what was damaged or lost, when it happened, and how much the loss is worth.

Many policyholders don't realize that most insurance policies require submission of a Proof of Loss within a specific timeframe, often 60 days from the loss. Failing to submit one, or submitting an incomplete or inaccurate form, can result in your claim being denied.

Critical Deadline Warning

Check your policy for the Proof of Loss deadline. Missing this deadline is one of the most common reasons for claim denials. The clock typically starts running from the date of loss, not from when you discovered the damage.

When Is a Proof of Loss Required?

Not every claim requires a formal Proof of Loss, but many do. You'll typically need to submit one for:

Even if your policy doesn't explicitly require a Proof of Loss, the insurer may request one. When they do, take it seriously; it becomes a formal requirement once requested.

California Note

California Insurance Code section 2071 establishes the standard policy provisions for fire insurance, including Proof of Loss requirements. California law requires insurers to provide claim forms (including Proof of Loss) within 15 days of receiving notice of a claim. See Cal. Code Regs. tit. 10, section 2695.5(e)(3).

  • Insurers must provide all necessary forms promptly
  • If the insurer fails to provide forms, this may toll (pause) deadlines
  • California courts have excused late filings where the insurer's conduct caused the delay

What Must Be Included

A Proof of Loss typically must include the following information:

Policy Information

Your policy number, the name of the insured, and the property address covered.

Date and Time of Loss

When the damage occurred or was discovered. Be as specific as possible.

Cause of Loss

What caused the damage (fire, theft, water, etc.). This must match a covered peril.

Description of Damage

Detailed list of damaged or lost items, including make, model, age, and condition.

Value of Loss

The dollar amount you're claiming. Include both actual cash value and replacement cost if applicable.

Other Insurance

Information about any other insurance policies that might cover the loss.

Sworn Statement Warning

The Proof of Loss is a sworn document. Any false statements can be considered fraud and may result in claim denial, policy cancellation, and even criminal prosecution. Be accurate and honest; when in doubt, say "unknown" or "estimated."

Documentation Checklist: Supporting Your Proof of Loss

Step-by-Step: Completing Your Proof of Loss

1

Get the Correct Form

Request the official Proof of Loss form from your insurance company. Don't use a generic form; your insurer may have specific requirements. They're required to provide this upon request.

2

Gather All Documentation

Before filling out the form, compile all supporting evidence: photos, receipts, estimates, and inventories. This prevents having to amend the form later.

3

Complete Every Section

Don't leave blanks. If something doesn't apply, write "N/A." If you don't know, write "Unknown" or "Estimated." Incomplete forms can be rejected.

4

Calculate Your Loss Carefully

Use actual values where possible. If estimating, mark clearly as estimates. Include both actual cash value (ACV) and replacement cost value (RCV) if your policy covers RCV.

5

Review Before Signing

This is a sworn statement. Review every entry for accuracy. Consider having an attorney or public adjuster review it before submission.

6

Sign and Notarize

Most Proof of Loss forms require notarization. Plan ahead; you'll need to visit a notary public or use a mobile notary service.

7

Submit with Proof of Delivery

Keep a complete copy. Submit via certified mail with return receipt, or by email with read receipt. Document when and how you submitted.

Common Proof of Loss Deadlines

Deadlines vary by policy and state. Here are common timeframes, but always check your specific policy:

Type of Policy Typical Deadline Notes
Standard Homeowners 60 days From date of loss; some policies allow 90 days
Fire Insurance 60 days Standard form policies follow statutory requirements
Commercial Property 60-90 days Check policy; may vary significantly
Flood Insurance (NFIP) 60 days Federal program has strict requirements
Business Interruption Varies Often tied to property policy deadlines
Requesting an Extension

If you cannot meet the deadline, request an extension in writing immediately. Most insurers will grant reasonable extensions, especially for complex losses. Document their response. If they deny an extension unreasonably, this could support a bad faith claim.

Sample Proof of Loss Form Fields

While forms vary by insurer, here's what a typical Proof of Loss includes:

Sworn Statement in Proof of Loss

Your legal name as it appears on the policy
HO-12345678
MM/DD/YYYY, Time (if known)
Full address of the damaged property
Fire, water damage, theft, etc.
Attach detailed inventory with values
$XX,XXX.XX (broken down by category)
List any other policies covering the loss
Signed under penalty of perjury

Common Mistakes to Avoid

California Note

Under California's Fair Claims Settlement Practices Regulations, insurers have specific obligations regarding Proof of Loss forms:

  • They must provide necessary forms within 15 days of your request
  • They cannot require "unreasonable" documentation
  • They must explain in writing why any claim or portion is denied
  • Technical defects in the Proof of Loss may be waived if the insurer doesn't promptly object

Need Help With Your Insurance Claim?

I'm Sergei Tokmakov, a California-licensed attorney. If you're facing a Proof of Loss deadline or your claim was denied due to documentation issues, I can help review your situation and develop a strategy.

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