Navigating an insurance claim after an accident or injury can feel like stepping onto a field where the rules are written in a language only one side understands.
One of the most critical moments in any Oregon insurance claim comes when an adjuster asks for a statement. Before you press record or answer questions, understand that Oregon insurance law doesn’t treat all statements equally.
Your Relationship to the Insurance Company Matters
The legal expectations surrounding a statement depend entirely on who is asking for it:
- Your Own Insurer (First-Party Claims): Your insurance policy is a legally binding contract. Almost every policy includes a “cooperation clause” requiring you to provide information, submit proof of loss, and provide statements about an event.
- Someone Else’s Insurer (Third-Party Claims): You have no contractual relationship with another party’s insurance company. Their adjusters represent their policyholder’s interests—not yours—and their primary goal is to gather statements that limit their financial liability.
Standard Statement vs. Examination Under Oath (EUO)
It is equally important to distinguish between a routine recorded statement and an Examination Under Oath (EUO):
- Recorded Statement: An informal Q&A session an adjuster conducts over the phone or in person.
- Examination Under Oath (EUO): A formal proceeding where you answer questions under oath before a court reporter and often the insurer’s legal counsel. An EUO carries formal legal consequences, and any mistakes or errors can be used directly against your claim.
The Danger of Over-Explaining: Too Many Statements
A common trap for policyholders is agreeing to multiple interviews or clarifying statements.
Every additional statement increases the likelihood of slight variations or unintentional inconsistencies in your narrative. Insurance adjusters are trained to spot these small discrepancies, question your credibility, and downgrade your claim.
The Risk of Refusal: Knowing Your Contractual Obligations
While caution is necessary, simply refusing to speak with your own insurer can backfire. If your policy requires a statement and you refuse to provide one, the insurer can cite a breach of the duty to cooperate and deny the claim in full.
Read the Policy: Know the Rules of the Game
You wouldn’t enter a high-stakes game without understanding the rules, nor should you play chess if you only know checkers. Insurance companies handle claims every day using complex rules and strategies designed to protect their bottom line.
Before providing any statement—recorded or under oath—make sure you have an experienced attorney on your side who knows how the game is played.
Don’t navigate insurance statements alone. Call Richard Rizk at Rizk Law before giving a statement to an insurance company to protect your rights and your claim.
