Originally Posted by billh
I had several preliminary calls I don't recall being taped. For the formal deposition, they made it very clear they were taping it and that it had legal implications. It would make me nervous if they taped just a regular conversation. I imagine they could use that in court if it came to that.
What you gave over the phone is usually termed a recorded statement.
A "deposition," which is a method of oral fact discovery intended for formal court proceedings, is sworn to under oath by you and can be transcribed by a stenographer and/or videotaped. If you gave one of those, you certainly should have been represented by a lawyer.
A formal recorded statement for use in insurance private arbitration proceedings is called a sworn statement and is usually taken before a stenographer and/or videotaped. If you gave one of those, you probably should have been represented by a lawyer.
(Giving false information for an insurance claim is a crime, so giving information under oath is not critical as a claimant can find him or herself in major trouble.)
It's possible in court or arbitration proceedings to introduce evidence against you that at some date before your testimony you made a prior inconsistent statement; your prior inconsistent statement could be unsworn, but there are legal issues such as to what extent it has to be in conflict with formal testimony in order to be admitted into evidence at the proceeding.
As to State Farm, just like most insurance companies facing modest claims, they will attempt to quickly settle your claim with an informal investigation. They realize the amount involved is best minimized if they are polite and appear reasonable. However, they have no obligation nor inclination to help you. While it's generally one of the better companies, State Farm has been found on occasion to have committed unfair settlement practices.