Chapter 7 Recorded Statements Flashcards
When to obtain a recorded statement?
- Coverage issues
2.Comparative Negligence - Alleged Injuries
- Low impact claims
- Fraud Potential
- Subrogation
If a recorded statement is not taken
Document the file as to why a statement is not being taken
_______ are not required to give us a recorded statement
Claimants
Preparation for a Statement
(Action Plan)
- What do we know
- Why is a statement needed, goal?
- From whom should statement be taken and why?
- What specific info is needed?
Statement Opening
After introducing yourself and explaining the recorded statement:
§ Inform the person being interviewed that the recorder is being turned on
Use the formal introduction, Do Not mention the company name
Obtain permission to record
“Do you understand that our conversation is being recorded?
“Do I have your permission to record this conversation?”
Obtain sufficient identifying information, name, address, date of birth, driver’s license number, workplace, etc.
***Recorded Statement Guidelines (have paper copy)
Body of the Recorded Statement
Scene Diagram should be able to be created from the body of the recorded statement
Things to ask during statement development
Mechanical Problems
Marital Status
Employment Info
Purpose of Use
Parts of the Statement
Identification
Location
Accident
Diagram
Results and Injuries
Questioning Methods
○ Allowing the interviewee to talk without interruption.
○ Closed-ended questions.
○ Open-ended questions.
Use the questions set forth in the FAULT question guides as a resource.
Closed-Ended Questions
- A “yes” or “no” response
- A simple statement of fact
Closed ended questions are most frequently used to complete information on forms.
Open-Ended Questions
The open-ended questioning technique is used to provide more information than just a yes or no. Open-ended questions allow the interviewee to describe the situation in more detail. When using open-ended questions, it is important to allow the interviewee sufficient time to respond.
Leading Questions
This is a technique toAVOID. Leading questions suggest the answer contains a specific response.
FAULT
The FAULT system provides question guides for various scenarios that may be used as a resource.
Examinations Under Oath
The EUO is basically a more formal interview that is recorded verbatim by a court report and may be, on occasion, video recorded as well