Recorded Statement or Examination Under Oath: What You Owe Your Insurer and When

Two days after the loss, the adjuster calls. She is friendly and efficient, and before the conversation ends she says she needs a quick recorded statement, ten minutes at most. You agree, because you want the claim paid and because it seems rude not to. Three months later a lawyer for the same company sits across a conference table reading your own words back to you, and asking why they differ from what you wrote on the claim form.

Insurance claims produce several kinds of statements, and policyholders rarely know which ones they are required to give, to whom, or what each will be used for. The differences are practical. They determine when you can ask for time, when you should have help, and when saying no puts the claim at risk.

What is a recorded statement?

It is an interview conducted by an adjuster, usually by telephone, and recorded with your consent. In most cases it is not given under oath, no court reporter is present, and the insurer's lawyer is not involved. It tends to happen early, while the facts are fresh and before the policyholder has reviewed the policy or collected any documents. The recording goes into the claim file and is usually transcribed. Its purpose is to fix your account of what happened: when the loss occurred, how you discovered it, what was damaged or taken, and what you did afterward. Adjusters are trained interviewers, and an open question followed by a long silence is a technique, not an accident.

Does your policy require you to give one?

That depends on its wording, so read the section titled duties after loss. Many Florida homeowner policies now list a recorded statement among those duties, and where the policy does, refusing can be treated as a failure to cooperate. Other policies contain only a general cooperation clause, under which a reasonable request for an interview is hard to decline. Even where the statement is required, the timing is not dictated by the adjuster's schedule. You may ask for a few days, ask what subjects will be covered, have a lawyer on the call, and request a copy of the recording.

What about the other side's insurance company?

This is where the answer changes completely. After a car crash, or an injury on someone else's property, the call often comes from the insurer for the other party. You have no contract with that company and no duty to give it a statement. Its adjuster's job is to limit what it pays you. A casual remark that you feel fine, that you did not see the other car, or that the floor may have been wet for only a moment will appear later in its evaluation of your claim. If you were hurt, that conversation can wait until the extent of the injury is known. You can decline politely, give basic identifying information, and direct further contact to your own insurer or your lawyer.

How is an examination under oath different?

It is formal in every respect. You are placed under oath. A court reporter records each word. The questions come from a lawyer retained by the insurer, last for hours, and are accompanied by a written demand for documents. Nearly every property policy makes the examination a condition of coverage, and Florida courts have upheld the denial of claims where the policyholder refused to appear. An examination frequently follows a recorded statement, either because the claim is large or because something in the earlier account, or in the documents, prompted a referral for investigation.

Can the insurer ask for both, and for a sworn proof of loss too?

Yes. These are separate obligations, and satisfying one does not satisfy another. Florida policyholders have argued that an insurer who already took their recorded statements had no need to examine them under oath, and the argument failed. In some auto coverage, including Florida's no-fault benefits, the examination requirement is written into the statute itself. The sworn proof of loss is a third item: a signed and notarized form stating the amount claimed and the basis for it, due within a set number of days after the insurer asks for it. Each obligation has its own deadline. Missing any of them hands the insurer a defense that has nothing to do with whether the loss was covered.

How do early statements come back later?

Word for word. The lawyer conducting the examination will have the transcript of your recorded statement and will compare it with your claim forms, your proof of loss, and your answers that day. The errors that cause trouble are ordinary ones. People speculate about cause, saying a pipe had probably been leaking for a while, without realizing that policies treat long-term leaks differently from sudden ones. They estimate dates. They answer questions about things they do not know, such as the age of the roof or when the water heater was replaced. They describe prior damage loosely. Each guess becomes a fixed statement that later evidence may contradict.

How should you handle the adjuster's request?

Do not refuse, and do not improvise. Schedule the statement for a time when you have the policy and your notes in front of you. Ask what will be covered. Stay with what you personally know, and say "I don't know" when that is the truth. Leave the cause of the loss and the value of the damage to the people qualified to determine them. Ask for a copy of the recording, and keep your own note of the date, the adjuster's name, and the subjects covered. If you later realize something you said was wrong, correct it in writing promptly. Read any authorization before signing it, since some forms release far more of your records than the claim requires. For a large, complicated, or already disputed claim, speak with a lawyer before the statement is given.

Salomon Smith PLLC represents Florida policyholders in disputed insurance claims, from the first recorded statement through examinations under oath and coverage litigation. If your insurer is asking for a statement and the claim matters, call (305) 297-1018 for a free consultation, or learn more about our insurance coverage practice.

This article is for general informational purposes only and is not legal advice.