Insurance Claim - Recorded Statements

Taking a recorded statement has become more of a common tactic insurance companies have become accustomed to utilzing over the last several years. There are a variety of reasons for doing so. Can they even do this? Well, lets take a look.

From the insurance company's perspective they can. Insurance companies believe they can pretty much do whatever they want during the investigation of a claim. This includes taking a recorded statement even though it is generally not a condition or requirement of the policy. They rely on the fact that in the Duties After Loss provision of the policy that you are required to "Cooperate With Their Investigation". But does that mean submitting to a recorded statement? Well.... not really.

You are required to cooperate with the insurance company's investigation to the extent that you are required to provide to them claim related information and also exhibit the damaged property as often as reasonably required. There are some pros and cons to providing a recorded statement. Lets take a look at these to better make an informed decision.

Let's look at the downside of submitting to a recorded statement:

1. You're clearly at a disadvantage because you have no idea what is going to be asked of you
2. While you are not under oath, anything you say can very well be used against you at a later date
3. The adjuster asking the questions might be asking misleading or misguided questions
4. The adjuster might ask what is known as "compound questions" which require multiple answers
5. You may not know the answers to certain questions
6. Your statement will be reviewed by others that you will not have the opportunity to explain your answer in more detail

Let's look at the upside of providing a recorded statement:

1. You won't have to write out all the answers
2. You will be able to explain in greater detail certain items
3. Your emotions will be sensed by those listening to the statement
4. Your claim will more than likely be processed faster
5. You are showing your willingness to cooperate with the insurance company's investigation

Very rarely do I suggest to my clients to not provide a recorded statement - if ever. I actually do not recall one instance where I have. There may be some pre-requisites to the adjuster before providing a statement. However, I don't feel that my clients should have anything to hide and neither should you in my opinion. I am going to give you a few suggestions and tips which may prove of great value to you.

1. RECORD THE CONVERSATION YOURSELF.

This is so important. If you do not have a recorder, then a.) make the adjuster promise to provide you a copy and follow up in writing the same day what his promise was or b.) re-schedule. You may need this at a later date. It is possible that after the recorded statement is taken, and later during their investigation they will request your Examination Under Oath. Being able to refer back to the recorded statement will assist you in recalling what your original responses were so that you are consistent with your answers or at least be able to explain why you answered the way you did.

2. MAKE SURE THE ADJUSTER ASKS QUESTIONS RELATED TO THE INVESTIGATION OF THE CLAIM.

This should be common sense. But sometimes adjusters can stray off the beaten path and begin to ask questions that have nothing to do with the evaluation of a claim. If the adjuster asks a question that is odd or peculiar, then ask him or her how their question is relevant. For the most part the adjuster will follow a script (which by the way you should ask to see). So, if the adjuster suddenly asks you "how often you go on dates", well..... I'd like a clarification of why that relates to the claim.

3. DO NOT ANSWER QUESTIONS INTENDED TO TRICK YOU

Some questions deserve to not be answered. Catch them and object to answering them. "Is it true that you no longer beat your children"? Well.. how are you supposed to answer that? Its ridiculous but believe it or not from time to time questions that have no effective answers do happen.

4. RELAX AND BE YOURSELF

When giving a recorded statement just have a conversation with the adjuster like you would anyone else. Just be comfortable and be yourself.

5. STICK TO THE FACTS

If the adjuster asks you a yes or no question, just answer yes or no. Don't elaborate unless you are asked to elaborate. All you are doing is spewing unnecessary info at that point. For example; the adjuster asks you "how long have you lived in this house"? Your answer would be "approximately X # of years - or since 2002 or whatever date you moved in". That's it.. but people often tend to try to give more facts.. "well... I moved in about 10 years ago.. after a divorce.. and now my ex hates me.. and .. my neighbors are tired of my ex coming around causing problems.. and blah blah blah....". This is a recipe for disaster. During one recorded statement with a client the statement was coming to a conclusion and the adjuster asked the insured how often they went in a particular room. The homeowner answered that she didn't go in there very often. Done... right? Not exactly... she then said.. "oh.. but wait... my housekeeper goes in there every day". "Houskeeper???" The recorded statement then took a different path.... and now they wanted to interview the housekeeper, and do a background check... and it delayed the claim by nearly 2 months! Just answer the question and move on!

6. END ON A GOOD NOTE

Since you are being recorded, utilize this opportunity to your advantage since the adjuster is also being recorded. Generally the adjuster will ask you if there is anything else that you would like to add. If so, now is the time to do it. If you feel something is extremely relevant that has been skimmed over by the adjuster, point it out. But also ask a few questions of your own. Ask;

1. When can I anticipate hearing back from you?
2. When can I anticipate receiving payment for my covered loss?
3. What other documentation can I provide to you that will assist you in moving my claim forward

Don't be afraid to ask the adjuster relevant questions. Since they are being recorded also there will be a record of their response.

Recorded statements should not be scary. Generally they are simply a way to assist the insurance company in moving the claim forward faster. So, we often welcome them if that helps you get paid faster. Record the conversation yourself, be courteous, non-evasive, to the point, and you will do just fine.

As always you can get further free advice on any property damage claims related matter at http://www.TheClaimsAdvocate.com