The Most Important Question to Ask
When taking a statement many of us don’t pay attention to the answer to the most important question. Or we might not ask it at all.
In training investigators, FLETA, the Federal Law Enforcement Training Academy, says the most important question is the ‘Framing Question’:
“In your own words, can you tell me what happened?”
That’s it. Sounds easy, right? It is anything but.
The skill comes when you listen intently to the answer and respond – after they have finished - with follow up questions.
You must not interrupt the person. Allow them to completely ‘play back’ the memory. Encourage them to keep talking until there is nothing more they have to say. It turns out our brains best recall things if we can speak without stopping.
Take good notes. Look for holes where follow up questions are needed. In Auto Liability listen for Speed, Look Out and Avoidance. After they have finished ask why questions: Why did you not slow down? Why did you not see the other vehicle? Why did you not attempt to change lanes (or take other avoidance maneuvers)? Why could you not avoid this crash?
In injury claims listen carefully to descriptions of the injuries and the causes of them. Follow up with questions like: Why did you not immediately seek treatment? What visible signs of injury were there immediately after the crash? When did you know you were hurt?
FLETA studies and their deep experience shows that the most accurate, complete and truthful answers are given the first time this question is responded to, and the quality of the memory and testimony degrades both by the day and the number of times the story is retold.
So, be quick to take the statement and get it right the first time.
The key point of the ‘Framing Question’ is that by allowing your interviewee to fully play back the description of the incident without interruption, they will be more truthful and more likely to include their own culpability in the statement.
FLETA trains every investigator to ask this question FIRST – before even the identifying information: that’s how important they think the question is.
What’s the most important question?
“In your own words, can you tell me what happened?”
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Managing Director at Skyward Specialty Insurance
4 年Great advice! That should be one of the very first questions asked but so often it is buried in the middle of a statement.
?? Sr Learning & Development Leader ?? Instructional Design ?? L&D Leadership ?? Performance Improvement ?? Driving transformative outcomes with specialization in innovative designs that boost performance and growth.
4 年Such power in the open-ended, or ‘framing question’! To frame that question properly, you cannot have true connection unless you have built rapport. Depends on the situation; however, the investigator will get a lot further in their investigation to uncover the actual truth if they have connected with that person first. Build the Rapport - takes just a minute or two. Then, the open-ended or ‘framing’ questions will flow naturally as well as the second-level questions that you take notes on! Thanks Mark for posting this - great reinforcement!
Insurance & InsurTech Advisor/Contributing Author & Thought Leader/Founder of Mexico & Vancouver Forensic Engineering Cos/Insurance Claims Process & Subrogation Subject Matter Expert
4 年Yep! Just like Columbo, act like you don’t know anything about the situation, and ask them to educate you. It’s amazing how often they offer up direct testimony that provides evidence for coverage discussions, fraud, subrogation, and extent of damage analysis.