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is it legal for them to record my testimony??

Posted by anthony 
Hi I am new to this site . i am having problems with farmers to get my claim settle. about 2 months ago someone broke into my business and stole electronics, liquor and money. i was asked my farmers to submit documentation from the loss. i submitted everything ecept for some electronics i did not have the recives from due that they were giving it to me. there was a police report and everything. now after the third adjuster they call me and told me that they need to come to my business to personally talk to me and to audio record me. i m so piss off that after being the victim they are making me feel like im the theft. we pay farmers insurance close to 100 thousand dollars per year in over 30 insurance policys. me and my family own many business and have many cars and homes basacally everything insuranced by farmers. is it worth for farmers to losse 100k a year for a 10 thousand dollar claim?? my real quesion is since they called me to tell me they were going to audio record my tetimony i been feeling like crap. they are accusing me of steeling in my own business. can i refused to be recorded?? if so could they declined my claim becuase i refused to be recorded?? the reason why i dont want to be recorded is beacuse i feel they are treading me like a tefht and im not. after all the money i have giving them trough 13 years doing business with them.. please help and adviced..

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Re: is it legal for them to record my testimony??
March 27, 2007 09:28PM
If you don't get an answer here, contact the California Department of Insurance with your question.

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Yes, they can deny your claim for not cooperating. Under an insurance policy, Duties after a loss, a named insured has a duty to cooperate with an investigation.

First, most insurance companies will take a recorded statements on all theft claims, some fire, or questionable claims. You never know their motivation for the statement, it could just be procedural, or they may not believe the claim that you are making.

If you decide to give one, be careful when you give it. Don’t guess at answers. If you are not sure, say you are not sure. If asked for an amount or age of an item and you are not sure, say you are not sure. Don’t say “I am not sure, maybe around $100.00.” If you do, and they take it further to an examination under oath and you answer differently, it could look like they caught you in a lie.

Things that they will ask.

General questions – Name, birth, address……

Business questions – How is the business doing? Any liens or money problems? How much does the business bring in yearly?

Claim questions – Who has access to the property? Where were they? Where were you? Alarms? Previous claims? Previous problems with break-ins in the area?

What was taken? What is the costs of the items? What are the ages of the items? Where did these items come from?

Have your list with you to reference during the statement. If the adjuster has a problem with you reading off the list, tell him that there is no way that you could remember all the prices/items/ages…..If he won’t let you read off the list, answer that you are not sure as far as prices/ages/ place of purchase. Just tell him the items that you can remember and add that you know that there are more and that you just can’t remember them currently, but that you submitted a list to his office with all of the information that he is asking.

They will most likely ask if you did it? Don’t get offended, this is a question that has to be asked. I’ve never had anyone answer yes, but you still ask it.

Try and relax, you are on your home turf. This is your place of business. Be comfortable in your attire and setting. Do not try to "man" the store while given your statement, have another employee present to take care of the store.

Finally, once again, if you are not sure say you are not sure and leave it at that. Don’t fill in the blanks. Don’t guess. Don’t give additional information. Answer the question and then SHUT YOUR MOUTH. People have a tendency to talk if you give them a chance. I’ve gotten my best information when I let someone ramble. Yes and no answers are the best if possible.

Hopefully this is more procedural then anything, so just stay calm. Also, depending on the state, they may have to supply you with a transcribed copy of your statement. You will need to check with your local laws. Even if not, it does not hurt to ask for a copy for your records.

Good Luck

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