The “Recorded Statement” Trap and How to Escape It

Recorded Statements are interviews done by insurance adjusters as a part of the investigation process of an insurance claim. They are done routinely for pretty much any type of loss, but more commonly done in liability insurance claims. For example, if you are in an automobile accident, some adjuster is likely to ask you to give him a recorded statement about the details of the accident.

Recorded statements are an important tool for a claims adjuster. He will ask you a series of questions regarding how your loss occurred. He will also ask you the normal questions about your identity, where you live, where you work, and such.

But a recorded statement can be a trap for you as the policyholder, or if you are the claimant against the person who caused your loss. In both instances, the adjuster may ask you questions with the intent to -

(a) give the insurance company a reason to deny your claim, or

(b) prove that you are partially at fault in a liability claim so the insurer can either deny or diminish your claim.

Adjusters are trained to take recorded statements, and part of that training is how to ask penetrating questions. Adjusters also ask questions that are none of their business. However, if you answer the questions, the information is fair game. Here’s an example. Adjusters regularly ask for your Social Security number. However, there is no reason for him to have your SS number. But, once he gets it, he will use your number to do an extensive background check without your knowledge or permission.

Adjusters take recorded statements in person so that they can visually evaluate you. They might conclude that you’re not telling the truth. They also take statements by phone simply for their own convenience. I’ve even seen adjusters call policyholders at odd hours, just to catch you off-guard, hoping you’ll make some error in your statement that he can use against you. And, make no mistake. They will use your recorded statement against you if possible.

Here’s The Escape Strategy

1. When an insurance adjuster or insurance company claims examiner asks you to give them a recorded statement, agree to give the statement…but not at their requested schedule. Tell them that you will agree to give the recorded statement in the presence of your attorney. And when I mean “presence,” that can mean in the attorney’s office or in a conference call with the attorney, you and the adjuster.

2. Make arrangements with an attorney to monitor the recorded statement. Adjusters are usually on their best behavior when an attorney is involved. And, most importantly, the attorney will prevent the adjuster from getting information from you that he is not entitled to gain.

3. NEVER, NEVER give a recorded statement without your attorney present.

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