The art and science of recorded statements for liability claims

A recorded statement can be a powerful tool during the liability claims process. It serves as the policyholder’s formal account of events and is gathered through an interview conducted shortly after the incident. 

The interview is typically guided by a series of questions asked by a claims professional, and the policyholder’s answers play a key role in determining coverage and liability. Taking recorded statements is a critical skill, and there’s a science — and an art — to getting them right. 

Taking effective recorded statements

Claims professionals tend to use either a more structured or flexible approach when taking recorded statements. With a structured approach, they follow a standard, repeatable process to gather information about the incident. These claims professionals typically use a template and ask the same set of questions in every interview. 

On the other hand, those who take a more flexible approach tend to rely on their instincts and deviate from the standard “script” when collecting incident details. Instead of following a template, they use frameworks to adapt interview questions in real time based on the policyholder’s responses. 

While many claims professionals lean toward one approach or the other, relying too heavily on templates or improvisation is a fundamental mistake. The best statements come from those who know when to stay the course and when to pivot — using consistency to gather basic facts and adaptability to unlock deeper insights. 

Here’s how claims professionals can take effective recorded statements.

Start with closed-ended questions

Claims professionals should start interviews with a more structured approach by asking closed-ended questions. These can come from a recorded statement template and should focus on collecting basic details like when the incident happened, who was involved and the events leading up to it. 

The policyholder’s answers are especially important when analyzing coverage and determining liability. To ask the right closed-ended questions, claims professionals should understand policy language and local tort law.

For example, if the policyholder had an accident while driving a non-owned vehicle, the claims professional should understand policy definitions before the interview. Let’s say the auto policy defines “temporary substitute vehicle” as “a vehicle you do not own which is temporarily being used as a substitute for your covered auto because of its breakdown, repair, servicing, loss or destruction.” 

In this case, they should ask questions like:

• Where was your vehicle?
• Was your vehicle being repaired or serviced when the accident occurred?
• How long have you been driving the non-owned vehicle involved in the accident?

Targeted questions like these can help get the specific information needed to determine coverage and liability.

Transition to open-ended questions

Once basic facts are established, claims professionals can then take a more flexible approach by asking open-ended questions. These typically begin with “describe” or “tell me about” and can encourage the policyholder to reveal context that wasn’t previously shared, like weather conditions or potential distractions at the time of the incident. 

Open-ended questions are based on frameworks that provide broad topics to explore rather than specific questions to ask. The key to taking effective recorded statements lies in knowing when to switch between closed-ended and open-ended questions. When both styles are used, a guided framework or statement facilitation guide can be effective.    

Use critical thinking and a curious mindset

Whether using closed- or open-ended questions, active listening and critical thinking are essential. Every answer to a closed-ended question is an opportunity to dig deeper with an open-ended one. Strong critical thinking helps analyze responses, while a curious mindset helps uncover facts that were initially left out. 

One way to adopt a curious mindset is by following Toyota’s “Five Whys” technique. This involves asking “why” five times to identify the root cause of an issue. By continuing to ask “why,” claims professionals can unlock new details that help determine coverage and liability.   

For example:

Q: Why did the person fall?

A: Because the floor was wet.

Q: Why was the floor wet? 

A: Because a bottle had fallen off a shelf, burst and no employee was there to clean up.

Q: Why was no employee there to clean up?

A: Because there was a mandatory all-employee meeting.

Common missteps

Even the most experienced claims professionals can miss the mark when taking recorded statements. Here are some common mistakes:

• Lack of preparation: Not reviewing claim details or background information before interviews can lead to key questions being missed.
• Making assumptions: Jumping to conclusions based on past experiences can result in biases or errors in judgment. 
• Over-reliance on templates: Sticking too closely to templates can reduce engagement and creativity in follow-up questions.  

Strategies for development

To get better at taking recorded statements, claims professionals should:

• Build interview skills: Learn how to understand legal and policy language, use strategic questioning techniques and practice active listening.
• Leverage hybrid tools: Use templates to ensure consistency and compliance in interviews, and use frameworks to foster deeper exploration and adaptability.
• Adopt a curious mindset: Practice asking “why” and digging deeper in interviews. Think critically and avoid making assumptions when analyzing responses. 
• Use technology thoughtfully: Leverage digital tools to streamline documentation and analysis, but ensure they support ­­— not replace — human judgment.
• Seek feedback: Share recorded statements with other colleagues to get their input. Regular peer review can highlight blind spots and reinforce best practices.
• Measure and reflect: Track claim outcomes where recorded statements played a pivotal role and use this data to continuously refine interview techniques.

There’s an art and a science to taking effective recorded statements for liability claims. The best claims professionals know when to rely on templates during interviews and when to trust their instincts. They also know when to ask targeted questions and when to open the floor for a broader narrative. With the right mix of structure and flexibility, claims professionals can turn recorded statements into powerful tools for clarity, fairness and resolution.