by Guest » Mon Dec 20, 2010 09:10 pm
Are telephone conversations typically tape recorded by the Insurer during the processing of a "Total Loss Claim"? If so, how long are they retained? How can an insuree obtain copies in order to document a possible bad faith suit?
Posted: Tue Dec 21, 2010 12:33 am Post Subject:
Those seem to get lost! They were only taped for quality assurance to monitor their employees as they tell you before they answer. :lol: It's a lot like trying to get digital information from Walmart or gas station surveilence monitors or even intersection cameras. That stuff is out there, you see it collected all the time on police investigation shows but it is not accessible to the general public. They are taping for their own liability and not to help the general public determine fault in the event an accident is taped.
You might try having an attorney request the written transcript of the conversation. I once assisted a vehicle owner file a complaint to the DOI. I was sitting with the vehicle owner when they made several calls to the insurer. When they answered the state DOI request for information on the calls, the content was never listed accurately.
This is why I recommend my customers communicate only in writing with any insurer, so there will be no misunderstanding or misinformation from either party.
Posted: Tue Dec 21, 2010 12:52 am Post Subject:
If an official recorded statement is taken you'd be told it was being taken and the adjuster would obtain your permission on tape and go through a series of questions. These would be retained at least as long as required by law... and mostly likely much longer (10, 15, 20 years).
As Mike mentioned, some carrier _might_ record calls every once in a blue moon for "quality assurance" but in my experience it's almost never and it would not be released without a court order. As it's not taken or used in the claim itself, it's considered separate work product.
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