Examinations under oath (EUOs) apply to insurance claims. Essentially, they areinterviews, where the insurance representative (usually an adjuster or insurance attorney) associated with your claim asks you questions regarding:
- Fraudulent activity
- Unnecessary medical treatment
- A medical provider billing for medical treatment that isn’t being provided
- The belief that the claim must be verified for another reason
These examinations are sworn testimony, so telling the truth is of paramount importance. Lying could not only seriously damage a claim, it can even subject the dishonest person to criminal prosecution. Therefore, it’s best to approach the EUO process with honesty.
Similarly, according to New York state law, EUOs must be “held at a place and time reasonably convenient to the applicant.” An insurer cannot request that you interview at a location that is significantly out of the way.
- Examination Under Oath and No-Fault Insurance
- Examination Under Oath Questions
- Lawyers and Examinations Under Oath
- Examinations Under Oath Versus Depositions
- Call Us Today for Help With an Examination Under Oath Request
Examination Under Oath and No-Fault Insurance
Here’s an example of how EUOs work in practice. In New York, the way that the consequences of car accidents are dealt with is, in large part, governed by no-fault laws. These laws require you to carry no-fault insurance, which covers only costs associated with your accident injuries. Securing this insurance is not only required but is important because, in many cases, it is the only only option for compensation available to an car accident injury victim. (Please note, you don’t have to worrry about specifically obtaining No Fault coverage. If you have automobile insurance in New York State, it is automatically included.)
So, after your car accident, you submit a claim to your insurer. In response, they request that you submit an EUO. After anywhere from an hour to a few hours of questioning, you’re free to go. In addition to the interview, it’s likely the insurer will request that you provide supporting documentation. The information gathered during this EUO could affect your case’s outcome.
Do Insurance Companies Usually Pay Out After an EUO?
It depends entirely on the context of your case. If an insurance company determines that you committed fraud, it’s unlikely it will pay out. However, if all the details of your testimony line up, an EUO won’t negatively affect your case whatsoever.
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Examination Under Oath Questions
EUOs typically cover:
- Your financial history and details
- Information about your claim
- Information about the accident or incident that sparked your claim
- Your employment
- Previous claim history
- Information about providers of medical treatment you have received
Remember, the exact questions asked during a EUO will depend on the specifics of your case. This is where the assistance of a lawyer could prove helpful. They will review the details of your accident to determine your insurers’ exact angle of approach.
Lawyers and Examinations Under Oath
As noted before, you can hire a lawyer before participating in an EUO. A lawyer could provide you with the following services:
- Explain what to know about an examination under oath
- Explain what to expect during an EUO
- Tell you how to answer case-specific questions
- Appear alongside you during an EUO proceeding
- Gather essential documentation on your behalf
- Identify which questions go beyond the scope of an examination
- Review the details of your insurance policy as they pertain to an EUO
- Discuss your options if your claim was denied after an EUO
Other Services a Lawyer Can Provide
Personal injury lawyers provide additional services, too, like:
- Providing frequent case updates
- Identifying liable parties after an accident
- Communicating with all parties for you
- Gathering case evidence
- Determining your claim’s value
- Fighting for appropriate compensation
Think of lawyers as more than legal representatives. They’re guides, advisors, and defenders. These services could benefit you during EUO proceedings.
Similarly, remember that many personal injury lawyers work on a contingency fee basis. Via this fee structure plan, you won’t need to pay anything upfront. The legal team that represents you won’t get paid unless it wins your case.
Examinations Under Oath Versus Depositions
People often confuse EUOs and depositions even though they are two separate processes. This is how they differ:
- Depositions: Depositions are part of the pre-trial process before a lawsuit. Like EUOs, they are sworn testimony interview sessions that gather extra information about a case. Attorneys conduct these interview sessions with accident witnesses.
- EUOs: Insurers request EUOs during claim procedures, not lawsuits.
Despite their differences, there are multiple similarities between depositions and EUOs. Both are sworn testimony interviews, and you’re allowed to consult with a lawyer before participating in either process. Similarly, lying during an EUO or deposition is ill-advised.
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Call Us Today for Help With an Examination Under Oath Request
At Friedman & Simon, L.L.P., we’ve won millions of dollars in compensation for our clients. We’re committed to the fight and ready to do what it takes to secure appropriate compensation. If your insurer requests an EUO, we will tell you what you need to know about it and prepare you for this process. You don’t need to undergo an EUO alone. Call us for a free consultation today.