| In the current environment where insurance | | | | you subsequently visit a doctor for those injuries, |
| companies look for ways to deny claims rather | | | | expect to have to defend your "conflicts" to the |
| than pay claims, beware that your recorded | | | | insurance company. |
| statement may be used against you. In fact, | | | | - Auto theft claims are frequently subject to |
| "inconsistencies" in recorded statements are | | | | further insurance investigation. You statement |
| routinely used to unfairly delay, deny, or lowball | | | | detailed that your car was stolen between 10 PM |
| insurance claims. | | | | and 8 AM. But in subsequent investigation the |
| There are two situations where you can expect | | | | investigator finds a neighbor who saw the car in |
| to be confronted with a requirement for a | | | | your driveway at midnight. This information |
| recorded statement. | | | | conflicts with your original statement. While you |
| In a third party claim, where you are seeking | | | | have made no attempt to misconstrue the facts, |
| damages for injuries or damages you sustained | | | | the "conflicts" in your statement might easily |
| as a result of another party's negligence, that | | | | subject you to an unfair claim delay, or even a |
| company now becomes responsible for your loss | | | | claim denial. |
| as a third party carrier. You are not required to | | | | Recorded statement "inconsistencies" serve as |
| cooperate with this insurance company because | | | | fertile ground for insurance companies to reduce |
| you have no contractual obligation to them. This, | | | | or deny claims. If you believe you have |
| however, will not necessarily stop that insurance | | | | encountered an unfair claim delay, you need to |
| company from attempting to coerce you to | | | | attempt to identify the specific source of the |
| submit to a statement. | | | | delay. |
| The focus here is the first party insurance claim | | | | Maintain an ongoing, persistent, courteous dialogue |
| where you are seeking coverage from your own | | | | with your adjuster. |
| insurance company. In this situation, your | | | | Only through dialogue can you hope to discover |
| insurance policy requires you to cooperate. If you | | | | the root cause for the delay. If the adjuster asks |
| fail to cooperate, you are at risk of an eventual | | | | you to clarify points in your previous recorded |
| claim denial. Therefore, you must provide the | | | | statement, do so. Cooperate. |
| statement. Don't think that by demanding a delay | | | | Always take an active role in your claim. |
| (unless you are legitimately obtaining a lawyer), or | | | | If you can determine a cause for the delay, you |
| by demanding an in-person visit from an adjuster, | | | | might be able to work on your own to solve it. |
| that you are helping yourself. You have an | | | | For example, in the auto theft claim, suppose the |
| obligation to cooperate. | | | | adjuster shared with you that the insurance |
| Under the guise of customer service, the | | | | company had "spoken" to your neighbors. Take |
| insurance company will contact you usually within | | | | action - speak to your neighbors! "Yes I spoke to |
| 24 hours of your filing of your insurance claim. | | | | my neighbor. He works the night shift. He returns |
| While you might be impressed by their prompt | | | | home at midnight. His observations narrowed the |
| attention to your loss, consider how the timing | | | | time line by at least two hours. I called the police |
| can pose an inherent risk for you. | | | | and informed them of this development. Here is |
| Inherent risk because within a day or two | | | | the name of the detective I spoke with." |
| following your loss, are you fully in command of all | | | | While insurance companies clearly have a right to |
| of the facts? Is it reasonable that you may not | | | | investigate all claims, the unfortunate reality is that |
| know the full extent of your damage, or even | | | | they use the "under investigation" tactic to give |
| the full extent of your injuries? | | | | them more time to keep your money and to |
| - For example, you might say in your recorded | | | | wear you down. Too frequently, this "investigative |
| statement two days after an accident that you | | | | phase" is unfairly based on a biased interpretation |
| are not injured. Realistically the symptoms of a | | | | of the recorded statement. |
| whiplash injury might not occur until after this. If | | | | |