Recorded Statement

Recorded Statement

Recorded Statement

Recorded statements capture a person's account close in time to the loss, before memories fade or positions harden. Policies typically obligate the insured to cooperate, which includes providing a statement.

Claimants are under no obligation to give one, though many do before retaining counsel.

Alternative Names:

Recorded Interview, Taped Statement

Why it Matters?

Statements taken in the first days after a loss are frequently the most valuable evidence in the file, because they capture accounts before litigation positions develop. A claimant who describes minimal symptoms or admits a role in causing the incident creates impeachment material that survives the entire case. Once counsel is retained, access typically ends, which is why prompt investigation matters more than thorough investigation conducted late.

Frequently asked questions

Must a claimant give a recorded statement?

Must a claimant give a recorded statement?

No. Claimants have no obligation, though many provide one before retaining counsel. Insureds generally must cooperate under the policy's conditions.

Is the statement discoverable later?

Is the statement discoverable later?

The claimant's own statement is generally discoverable by them. Treatment of the insured's statement depends on state work product rules.