Claims Investigation Techniques

Transcription

1 Claims Investigation Techniques Alan W. Zajic, CPP, CSP, ICPS claim Claim Defined verb (used with object) 1. to demand by or as by virtue of a right; demand as a right or as due: to claim an estate by inheritance. 2. to assert and demand the recognition of (a right, title, possession, etc.); assert one's right to: to claim payment for services. 3. to assert or maintain as a fact: She claimed that he was telling the truth. 4. to require as due or fitting: to claim respect. 1

2 Types of Claims Guest accident or illness Incident Third party assault or crime Vehicle accident Complaint of service or process Negligence Allegation Intentional torts: Assault, Battery, False Arrest, Defamation, Etc. The First Step for a Claim Incident is observed by an employee Claimant contacts a property representative immediately post incident Claimant contacts property at a later date Attorney makes first contact Representation letter 7 day evidence hold letter 2

3 Risk Management Department Processes any claim made against the company A security report does not automatically open a claim A report documents details of an incident, accident or injury Be Careful in referring a customer to Risk Management: Examples What to say to customers Here is the report number. If you have any questions please contact Risk Management regarding this report. Thank you for your valuable time. Please let us know if you need any additional assistance. 3

4 What is or What may be The report you write today could become a part of future history Process of appeal in the courts Future Statutory Laws Industry practices Media Events: Investigative Reporting Report Content Factual Informative Explanatory Critical Analytical 4

5 When to Write a report Whenever you have knowledge of a guest accident or injury Regardless of the customers comments or desire not to complete a report When in doubt, write a report. Security Report No No s Opinions Supposition Suggestions Theories Hearsay as factual Expert diagnosis Liability decisions 5

6 Common Sins of Report Writing Impressing readers with your vocabulary or literary style Failure to communicate the message Too much effort into the report: Making it sound like an official police report Complicating the process Repeating information Initial Investigation You only have one chance to interview, investigate and document an incident, injury or accident. (while the customer is there) The field investigation is critical in obtaining details or evidence that is perishable. The attitude, demeanor and professionalism are also critical for a successful resolution to any claim. 6

7 The Field Investigation Call it one in the report The initial collection of information, facts, witnesses and details Critical for successful outcomes Will be the focus of a claim if elevated to a lawsuit Surveillance Field Investigation Identify critical locations Use Slot Plot map to identify area Use Camera Plot Map for cameras Utilize a radius around location Widen the radius as incident dictates Identify each camera and location Log camera, review notes, if it contains any part Commensurate to severity of the incident 7

8 Surveillance Field Investigation Determine length of capture (start and finish) Save to hard drive or disc for later review Complete incident reports and logs Avoid conclusions or supposition Identify vendor cameras Kiosks ATM s Other possible eye level views Lawsuits Lawsuits are typically the result of a claim filed The initial report, and accompanying evidence, becomes the primary piece of evidence in a lawsuit. Every claim investigation should be treated as if it were to become evidence in a lawsuit and be truthful, professional and accurate 8

9 Initial Field Investigation Approach, assess and evaluate the scene. 1 st priority is care for injured or sick people. Determine if the area is a crime scene. Start crime scene protocols. If the incident is a crime scene, protection of the scene is critical to preserve evidence for police. Call for supervisor and additional security personnel if necessary. Initial contact Be understanding and compassionate of the guest s concerns or claims Allow the person to vent Determine if they are a hotel guest Interview guest/victim, listen attentively Interview non employee witnesses. Take comprehensive notes Obtain voluntary statements from claimant and any witnesses. 9

10 Independent Witnesses An independent witness is one that is not associated with the person making a claim Is not an employee or vendor Is typically another guest who was in the area Canvassing for independent witnesses and obtaining contact information is critical The 2 nd officer n scene should start the canvassing process Obtaining Written Statements Review the incident from your interview notes with the person writing the statement. Have the person write the statement. Review the statement and assure that it matches what the person told you when you interviewed them. Be sure to put the date, time, and location of where the statement was taken. Enter the report number on the statement 10

11 Copies of Statements A person who writes out a statement should have a copy of that statement only if requested. If the claimant completes a report form that requires their signature, they should have a copy Under no circumstances should a security officer to release any other report completed to any claimant. Indicate in your report that a copy was requested and given. Identifying Parties Requesting ID is Permissible Demanding ID in not appropriate When possible copies of ID are valuable No law requires people to produce ID or allows you to copy it Use discretion and make appropriate requests based on the circumstances. 11

12 Diagrams Diagrams are helpful for identifying a location and proximity of objects. Example: Vehicle accident in a parking garage. Can demonstrate where parking spaces are located, support pillars, exit doors, signs warning cones, etc. Use Exiting Plans, Slot Plot maps Photography Property Damage Report 12

13 Vehicle Accident Report Example Actual Pictures taken 13

14 Thorough Photography Documentation of the damage Documentation of non damage Condition of entire vehicle Demonstrates there was not additional damage Prevents overbidding by victim to repair unrelated damage Limits damages to claim Digital Photography Better to take more than you need Cannot take pictures later Best evidence for any claim Picture list attached to the report All of the vehicle Overall condition of subject vehicle 14

15 Accurate Documentation License Plate or Damage? Vehicle Condition? Complete Photography? What does this show? What is Missing? 15

16 Guidelines: 2 Vehicle Report Company Vehicle Front of vehicle Back of vehicle Both sides of vehicle Close up of damage Safety devices Guest Vehicle Front of vehicle Back of vehicle Both sides of vehicle Close up of damage Safety devices Other Photography Guidelines 16

17 Guest Injury Photography Slips, trips and falls: Overall, general, detail and close ups. Stairs, landings, handrails floor surfaces. Pictures of guest injuries if possible and appropriate Pictures of shoes, walking aids, clothing Missing Property: Hotel room Photograph room contents Location of alleged property that was taken from room Door, locks, door jamb, connecting door and windows In room safe Guest directory 17

18 Overall Orientation Location identification Close up photography Details Photography Overall Condition of property being photographed. (Not just of the damage) Surveillance Coverage Is the best form of evidence possible Not all incidents, accidents or injuries have video coverage Always report to your supervisor who will request surveillance review for coverage. Make note in your report if there is video coverage of your incident. Important to determine all areas to be reviewed Surveillance reports are not part of the security report 18

19 Hotel Folios and Registration Obtain on all incidents involving a hotel guest Will include valuable information: phone calls, room service, etc. Will demonstrate if they are a premium customer Will determine how long they have been a guest. Other Evidence Broken furniture: Slot stools, chairs, drawers, mirrors, etc. Glass or foreign objects in food or drink. Burglary tool marks, door hardware, wood shavings, etc. Valet stubs, receipts and claim checks Broken objects: Property damage claims Properly logging and tagging evidence 19

20 Preparing Reports Telling the story of what happened Reports Complete all boxes on report Items must have something noted: N/A & None 1 st person reporting, avoid jargon, acronyms and terms of art in your report. Time of occurrence vs. time reported. (Not when the officer sits down to write the report) Basics of report writing: Who what, when where and sometimes why. 20

21 Narratives Start with a synopsis paragraph Detail damages or injury observations Detail what is said to you and who is present when said. No absolutes if you did not observe: Guest claims that the employee ran into them with the garbage cart Follow up and Follow Through If you were shown video, what did you see? Be careful: No assumptions, opinions, etc. If you are advised of a witness, search them out and secure a statement. Be sure to correct any safety hazards present: Example: Claim of broken glass in drink from a bar; Order ice bins cleaned and cleared of all ice. 21

22 Legal Claims Lawsuits start as claims Requires a comprehensive investigation Requires comprehensive search for evidence More than the typical claim Always collect more than you need Perishable evidence may be lost Foundation Civil Evidence Established through witnesses Is considered hearsay unless foundation is laid Security reports, statements, video not automatically accepted at trial Stipulated evidence Importance during claim investigation 22

23 Surveillance Video Avoid Composites as evidence Can create wrong perception Can be damaging if only bad on video Review camera plot map Assure all video has been collected and saved Complete review logs Save all video even if it does not show incident Logs & reports related to incident Hotel Records Folio record Registration card All charge slips Phone detail PABX PC Detail Room service actual tickets (POS Detail) 23

24 Security Records Search for any prior contact Trespass & 86 Incident reports Witness accounts Victim reports Parking tickets, jump starts Shuttle logs Dispatch Records Security Records Complete shift involved Shift prior and after Associated area check logs Shift Schedules for 1 week prior/after Break schedule during incident shift Determination where each security person was before, during and after incident Plot Dot Map 24

25 Casino Records Full Player tracking records including time Current trip Past trips Machine numbers Times Win/loss Pit log sheets of victim/participants Diagrams Slot Plot map (Current) Camera Plot map Architectural drawings Parking lot parking plan Parking garage elevations Fire exiting plans 25

26 Photography Legal claims require comprehensive pictures 360 degree Panoramic shots from incident location Video clips of scene, panoramic, routes involved Any item involved in litigation Organize Legal File Table of contents Player listing with contact info Photography index Video clip index comprehensive Index of other evidence Receipts, hotel records Logs and printouts 26

27 Exercises Video #1 27

28 Video #2 Property Damage 28

29 Arrest Parking Problem 29

30 Employee Assaulted Robbery 30