Often after a property loss, the insurance company may request a recorded
statement of a policyholder in the days following the loss. This differs from a
request for an Examination Under Oath, but policyholders must be familiar with
both.
What
basis does the insurance company have to take your statement? Remember, your
policy of insurance is the contract that governs obligations of a policyholder.
Some newer policies may have recorded statement policy conditions listed but
many residential and commercial policies are silent about a requirement for
giving a recorded statement.
Here are a few tips you should consider, and be
sure to read the Duties after Loss section within the Conditions of your own
insurance policy and contact counsel if you have questions about your
obligations.
1. Many policies are silent and don’t mention any
requirement to give a recorded statement.
2. Some policies do list a recorded statement
requirement. When you have a claim ask for your complete insurance policy to
see your requirements.
3. There is a big difference between giving a recorded
statement and an Examination Under Oath.
4. Recorded Statements are not sworn or signed testimony
but can still be used against you.
5. Even when a policy is silent about giving a recorded
statement, policyholders usually have a duty to cooperate with their insurance
company.
6.
If you are asked to give a recorded statement
and the request is done pursuant to the policy, tell the adjuster you need to
know his or her name and whether they are a special investigator before you
begin. Check
the credentials and consider getting an attorney.
7. You always have a right to consult with a property
damage lawyer before you give any statement.
8.
If you agree to give a recorded statement, you
can also record it. You need to tell the insurance company you will also be
recording the statement on your smart phone, tablet, or laptop. Keep your own copy.
9. If the company asks questions that have you concerned,
stop the statement and get a lawyer. Confused about the situation? You will
want a legal representative because the situation will only get more
convoluted. It is ok to ask for help even when you know you have been
forthright all along.
10. Examinations under oath questions are asked by the
insurance company’s highly trained lawyers, you should have your own lawyer too
--even if you think it is a very clear cut claim and you have nothing to hide.
When one party brings a lawyer, it is critical that the playing field is even.
11. Don’t rush. You can reschedule and coordinate any of
the statements. Don’t let a company bully you to do things on its absurd
schedule.
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