How To Prepare For a Recorded Statement

By Ricky K. Patel,Esq. 

If you recently filed a property insurance claim, you may receive a phone call from an insurance adjuster asking you to give a recorded statement. This can be stressful for property owners who may not feel fully comfortable submitting to questioning. However, giving a statement may be required under the terms of your property insurance policy. If it is, you need to cooperate. To help you through this process, here’s a list of tips that you should keep in mind when preparing for and giving a recorded statement to your insurer.

Be Cooperative

At its core, a property insurance policy is a contract. Like all contracts, the policy will put legal obligations on both parties. Beyond your obligation to pay your insurance premiums on time, you also have a duty to cooperate with any reasonable insurance company investigation. As such, when giving a recorded statement, you should try your best to help out the investigators. Not only do you have a legal duty to do so, but this will also help to ensure that your claim is resolved in the most efficient manner possible.

Don’t Speculate

During the course of a recorded statement, the insurance company’s representative may ask questions that you are simply not in a position to answer. Do not try to answer these types of questions. Never speculate and never give your opinions. Your only duty is to share the facts that you know. While you should cooperate when giving a recorded statement, it is also important to remember that the insurance company can use what you say against you should a legal dispute arise.

Don’t Lie

You should never lie or mislead the insurance company in any way. If you do so, it could lead to your claim, which might otherwise be valid, getting denied outright. Further, depending on the specific facts, there could even be more severe ramifications. Lying to the insurance company may be fraud.

Feel Free to Stop the Questioning

A recorded statement is not meant to be hostile. If you feel hostility coming from the insurance company, or if you feel that you are having trouble understanding any of the questions, you can (and should) stop the questioning. You can tell the insurance company representative that you do not feel comfortable answering any more questions without first consulting with a legal professional. It is your right to do so.

Further, if you are asked to submit to an examination under oath, which is a far more formal process that giving a recorded statement, then you should always be represented by a qualified lawyer who understands the issues surrounding insurance law and breaches of contract. If an insurance company wrongfully denies your claim, it has breached its contractual obligations to reimburse you for your losses. The situation is even worse when the insurance company uses bad faith tactics to avoid paying what you are rightfully owed in compensation.

FPJL will aggressively represent you to ensure you get the money you are owed without any further delay by the insurance company. Our team of attorneys have decades of experience providing affordable representation to Individual and Corporate policy holders facing a wide range of denied, delayed or underpaid insurance claim issues.

Contact our law firm today at (305) 300-3000 for a free consultation!