Body of truth: What aren’t your insureds saying?
A claimant’s body language during a recorded statement can reveal important information beyond what he or she says.
Following an accident, a fire or some other type of loss, there is a good chance an insurance claims adjuster will want to take an insured’s recorded statement. This can speed up the investigation and resolution of the claim.
A claimant who lives in a no-fault state or who files a claim under the uninsured motorist portion of an auto policy may have no choice but to cooperate and give a recorded statement. The insurance policy likely includes a duty to cooperate section stating something like this:
“The insured has an obligation to cooperate in the investigation of the claim, incorporating surrendering all files and communications, including emails and faxes relating to the claim, giving authority to obtain medical and other records, and providing any other applicable information and communication regarded necessary to process the claim. Failure to cooperate may result in claim denial.”
Related: 6 signs of a false workers’ compensation claim
Phone vs. in-person interviews
Most insurance adjusters would like to take a phone-recorded statement rather than an in-person recorded statement, because of the time constraints. Phone statements are cheaper and require far less time to obtain. The downside is that they do not address the importance of an insured’s body language.
A study by the University of Illinois showed that nonverbal indicators convey 93% of all communication, with 55% comprising appearance and body language, 38% tone of voice and only 7% the words we use. Much more is conveyed through posture, a glance or physical interaction.
Our body gestures, facial expressions, posture and even the distance we keep from others, when tied together, create a rich layer of frequently subconscious communication called body language.
When asking questions of the insured on the phone, you are limited as to what they share with you verbally. However when conducting an in-person interview or statement, you are able to observe their body language. A person who is being deceitful will be unaware of any subconscious facial expressions or body movements. However, these movements should not be used as the sole determination of deception, but considered in concert with other movements or the lack thereof when a question is asked.
Speaking body language
First, establish a rapport with the insured or party you are interviewing. Ask casual, non-threatening questions and watch what their body language, not just the spoken words. You are establishing a baseline and looking to capture their normal vocal tone and speed, standing and seated posture, any nervous tics, style of laugh, use of hand gestures, and how they articulate emotions of surprise and excitement. Baselining is nothing more than accumulating useful details about how a person ordinarily reacts under normal conditions to small talk, personal questions and jokes.
Second, for the majority of individuals you interview or take statements from, the act of lying triggers an intensified stress response. To alleviate stress and anxiety, liars may use pacifying gestures such as rubbing their hands together, licking their lips (dry mouth caused by nerves), stroking their arms or legs, tearing up, twisting or rotating in their seat or any number of other unconscious ways to relieve tension (bobbing their heels, fidgeting with necklaces, rings, jewels etc.) However, our first reaction to stress (before we flee) is to freeze. Also pay attention, if the usually energetic insured suddenly stops gesturing, has a strained or frozen smile, and locks their ankles, make a mental note. This area could require more probing.
Third, watch for the clusters or hot spots. No single peculiar body language sign is a positive indicator for deceivers. Watch how the person’s body language fluctuates from the baseline as your interview or statement identifies areas of uneasiness or concern. This topic could necessitate more in-depth questioning.
If possible, it is beneficial to have an in-person statement or interview taken by a qualified adjuster or investigator who can view body language. Tools such as Skype or FaceTime can be helpful tool in observing a person’s movements during an interview. It’s just another tool the adjuster can use to document the claim file.
Gordon E. Ivory is the owner of GEI Professional Investigation, LLC. He is a Certified Fire and Explosion Investigator (CFEI), Certified Vehicle Fire Investigator (CVFI), Certified Fire Investigator Instructor (CFII), Registered Locksmith (RL), Licensed Private investigator (LPI), investigating over 4,000 cases. Contact him at geipi@yahoo.com.