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By Jon E. Crosby, CFE, CIFI, FCLS
An integral part of the investigator’s or claims adjuster’s role involves the taking of recorded statements. The information elicited in recorded statements can have an extreme‑ly important bearing on the handling and ultimate disposition of a claim. Because it is often the first (and sometimes only) in-depth interaction with the individual being interviewed, it goes without saying that the ability to take a thorough and professional statement via the telephone is crucial.
The primary purpose of taking a recorded statement is to elicit essential information concerning the loss. Properly conducted statements serve to support or dispute a claim. Information obtained during this process may prove critical later in the claims process, so a well organized and complete statement is extremely important.
Prior to taking any statement, proper planning is essential. This includes a thorough review of the information which has already been presented (e.g., new loss report, diary notes and claim file), as well as any background data which has been obtained (e.g., traffic and workers’ compensation claims histories, driver’s license records, index reports, residence information, and so on). The interviewer should have and understand as much information as possible, and questions should be included which clarify or explain information that is not clear and/or consistent.
Before beginning a recorded statement, it’s important to prepare. The investigator should visit the restroom, have a cup of coffee, clear his desk area, and have everything he needs (file, questions, background reports, etc.) in front of him. It’s also essential to test the recording equipment to ensure it’s operational. A proper test includes both the recorder and the tape. This will prevent the taking of a lengthy statement, only to later discover the equipment was not operational. Should such an event take place, the result could be embarrassing, especially if plaintiff’s counsel later asks for a copy of the tape or written transcript.
When beginning a recorded statement, the adjuster should always begin the tape with specific information. This will include the date and time the statement is being taken, his or her own name and title, the name of the person being interviewed (spell it out!), the claim number, the date and type of loss and a request for permission to record the statement. After approval to record the statement is given by the interviewee, the adjuster should then record (this time spoken by the interviewee) his/her name, address, phone, date of birth and social security number. The purpose is to establish the interviewee’s identity as specifically as possible. Note: This is also an excellent opportunity to ask the interviewee, on the recorded record, if (s)he has ever used – for any reason – a different social security number.
It’s always a good idea to prepare a list of intended questions, in logical order sequence. When using a list of questions, it’s important not to become hooked into it and never depart from the list. In too many instances, inexperienced adjusters tend to ask only the questions on the outline, and they fail to ask appropriate follow-up questions based on the responses received. For instance, if the interview responds to “When did you first notice the pain?” with an answer of “Well, the first time I had trouble with my back was in 1986 when I went skiing and ran into a tree. But if you mean when did it start to hurt after this work place accident, I think it was the evening of the accident,” an astute interviewer departs from the outline long enough to get all the details of the 1986 skiing accident. This would include a description of the injuries, medical treatment and any other information volunteered by the claimant.
Whenever possible, “open-ended” questions should be asked. These are questions which call for a narrative response versus a yes or no answer. It is the difference between “Did you injure your back when you fell down the stairs at work?” and “Tell me exactly when, where and how you believe you hurt your back.”
Interviewers should also avoid inadvertently asking and answering their own questions (e.g., Isn’t it true that the streets were wet?). Using an open-ended question, the inter‑viewer might instead ask: “Would you please describe the road conditions at the time of the accident.”
During the statement, it’s essential to LISTEN carefully to each response provided by the interviewee. Again, although use of an outline of questions is important, it can sometimes cause the interviewer to focus on the next question rather than the answer being given. It’s often necessary to deviate from the outline based on the answers given by the interviewee, and careful listening tells the interviewer when further questioning along a particular line is necessary. Taking notes during a recorded statement is an effective tool and will enable the Interviewer to focus on possible inconsistencies and to ask for clarifications.
At times, an interviewer may be confronted with an angry or impatient person who at‑tempts to set the tone of the interview. In other instances, the interviewee may begin to ramble, rather than respond to the question being asked. When this happens, the inter‑viewer needs to tactfully and diplomatically exert control. How this is done is largely a matter of style. The interviewer’s demeanor during an interview is very important, and it can have a significant bearing on the type and amount of information obtained.
As a general rule, interviewers should adhere to the following suggestions:
- Be friendly in a businesslike manner (don’t be too familiar or allow the interview to become a social occasion);
- Never talk down to the interviewee;
- Avoid being authoritative or domineer‑ing;
- Always be sympathetic and respectful;
- Be careful of the language used during the interview (avoid using jargon and be sure the interviewee understands what is being asked).
- Be courteous and professional at all times.
- Always conclude the interview with an expression of appreciation for the interviewee’s cooperation.
The time and location of the interview are very important. For example, if an attempt is made to take a statement from a person who is at work (and who therefore may be susceptible to interruptions) the session may be cut short or greatly extended. The interview must be scheduled to provide for the maximum amount of necessary time. Also, an interviewee‑‘s responses (or lack of) may be the result of his/her location at the time of the statement.
Because recorded statements are a “way of life” in the claims business, it’s incumbent upon those persons conducting the interviews to become highly skilled in the process. Like any other endeavor, success comes with a solid understanding of the ground rules and a great deal of practice. In the proper handling of claims, the importance of quality statements cannot be overstated.
Jon E. Crosby can be reached via fax at (770) 489-9825.
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