If an insurance company has asked to interview you about a claim, the questions will follow a predictable pattern. Knowing that pattern in advance is most of the preparation you need.
The short answer
Insurance investigators work through six areas: who you are, what happened, who was at fault, what was damaged or injured, your prior history, and what other coverage exists.
But before any of that, establish who is asking. Your own insurer can usually require a statement under your policy’s duty to cooperate. The other side’s insurer generally cannot.
On this page
Work out who you are talking to
Your own insurance company. Almost every policy contains a duty to cooperate. You are generally required to share information about the loss, allow inspection, and provide documents the insurer reasonably requests. Refusing outright can give the company grounds to deny the claim.
The other side’s insurance company. You have no contract with them and generally no obligation to give them a recorded statement. Many attorneys advise against it. A polite decline is usually within your rights.
A Special Investigation Unit (SIU) investigator. Most insurers maintain an SIU that handles claims flagged as unusual. Being referred to SIU does not mean you are accused of anything, but the questions get more detailed and the answers matter more.
If you are unsure who you are dealing with, ask directly: who they work for, what their role is, and whether the call is being recorded. You are entitled to know all three before you answer anything.
The questions you should expect
1. Basic verification
Your name, address, date of birth, contact details, policy number, and employment. Dull, but the answers are checked against your file, so get them right.
2. What happened
This is the core of any interview. Expect to be walked through the event in sequence: the date and time, where you were, where you were going, what you saw, when you first noticed a problem, and what you did next. Conditions come up too — weather, lighting, traffic, who else was present, whether police attended, whether anyone witnessed it.
The purpose is to compare your account against the police report, photographs, repair estimates, and anyone else’s version. Inconsistencies attract attention.
3. Fault and sequence (vehicle claims)
Speed, lane position, signals, following distance, right of way, where each vehicle ended up. These questions determine how responsibility gets divided, which directly affects what a claim is worth.
4. Damage or injury
For property claims: what was damaged, its age and condition before the loss, what you paid for it, whether you have receipts or photographs, what repairs you have made.
For injury claims: your symptoms, which doctors you have seen, what treatment you have had, whether you have missed work, and what you can no longer do.
5. Prior history
Earlier claims, earlier injuries to the same part of your body, pre-existing conditions, previous damage to the same property. These questions are entirely legitimate — insurers need to know what the current event actually caused — but they are also where claims most often come apart.
6. Coverage and other insurance
Whether anyone else insures the same risk, who else lives in the household, who had permission to use a vehicle, whether other benefits apply.
Questions that signal a fraud investigation
Some lines of questioning indicate the insurer is examining the claim rather than processing it. These commonly include:
- Detailed questions about your finances — debts, recent job loss, whether the property was for sale or the vehicle was expensive to maintain
- Where you were and who can confirm it
- Whether you recently increased your coverage
- How you came to use a particular contractor, clinic, or repair shop
- The same question repeated in different forms at different points in the interview
None of this means you have been accused of fraud. But it does mean accuracy matters more than usual, and it is a sensible point to get advice before continuing.
Recorded statement, EUO, or deposition?
These are three different things, and people confuse them constantly.
| Who conducts it | Under oath? | Attorney present? | |
|---|---|---|---|
| Recorded statement | An adjuster, usually by phone | No | Allowed, uncommon |
| Examination under oath | The insurer’s lawyer | Yes | Strongly advised |
| Deposition | Opposing counsel, during a lawsuit | Yes | Yes |
A recorded statement is informal and unsworn, but it becomes part of the claim file and will be compared against everything you say later.
An examination under oath (EUO) is a formal right written into most policies. You testify under oath, the questioning is broad, and refusing to attend can cost you coverage. If you have been asked for an EUO, the insurer has real questions about the claim.
An examination under oath is a contractual obligation in most policies. Failing to attend is frequently treated as a breach that voids coverage for that claim — even if the claim itself was entirely valid.
A deposition only happens once litigation has started.
How to handle the interview
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Prepare before you answer
You are rarely obliged to give a statement the moment it is requested. Asking to schedule it for later — after you have reviewed your documents — is reasonable cooperation, not obstruction.
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Do not guess
“I don’t know” and “I don’t remember” are complete, acceptable answers. Filling a gap with a reasonable-sounding assumption is the most common way people create a contradiction they cannot explain later.
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Label estimates as estimates
If you are unsure of a speed, a distance, or a time, say that you are approximating.
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Answer only what was asked
Volunteering extra detail opens new lines of questioning. Silence after your answer is a technique; you do not have to fill it.
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Do not minimise an injury out of politeness
Saying “I’m fine” while you are still being assessed can follow you through the entire claim.
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Correct the summary
Adjusters often recap at the end. If anything is wrong, say so immediately.
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Keep your own record
Request a copy of the recording or transcript, and note when you were contacted and what you provided.
Filling a gap with a reasonable-sounding assumption is the most common way people create a contradiction they cannot explain later.
When to talk to an attorney first
Consider getting advice before a recorded statement or EUO if:
- Fault is disputed, or you may be partly at fault
- Your injuries are serious or not yet fully diagnosed
- You have been scheduled for an examination under oath
- The questions turn to your finances or prior claims
- The insurer asks you to sign a broad medical authorization
- The claim is large relative to your circumstances
Many personal injury and policyholder attorneys offer a free initial consultation, and some work on contingency. For a disputed or substantial claim, one conversation beforehand is usually worth it.
Frequently asked questions
Do I have to give a recorded statement?
To your own insurer, usually yes — your policy’s duty to cooperate generally requires it. To the other driver’s insurer, generally no.
Can I have a lawyer present?
Yes, for any of these. It is unusual for a routine recorded statement and standard for an examination under oath.
Can I refuse an examination under oath?
You can, but it is a contractual obligation in most policies, and refusing is frequently treated as a breach that voids coverage for the claim.
Will they check my social media?
Commonly, yes. Public posts are routinely reviewed, particularly in injury claims.
What if I made a mistake in my statement?
Correct it in writing as soon as you notice. A prompt correction is far less damaging than a contradiction discovered later.
Sources
- Policy duty-to-cooperate provisions and examination-under-oath clauses in standard property and auto policies
- State insurance department consumer guidance on claim investigations
- Published policyholder-side legal guidance on recorded statements and EUOs
Disclaimer: This article is general information, not legal advice, and reading it creates no attorney-client relationship. Insurance policy terms and state law vary significantly, and your obligations depend on your own policy and jurisdiction. Consult a licensed attorney in your state about your specific claim.
Kate Lynn is the founder and research editor of Legal Advice Journal. She is not an attorney. She writes plain-language explanations of US legal processes built from statutes, court materials and agency guidance, with every source cited. Kate Lynn is a pen name.
