If you're in an accident the gear should be covered. My riding partner was able to make a claim for the gear she lost but I was told I couldn't make a claim against myself for my gear. Didn't make sense to me at the time but I had more important issues at the time and didn't bother.
I think if you have a claims lawyer in the family or as a good friend you could get the claim pushed through. About the only way to get a claim through insurance anymore is with a lawyer. What a shame.