An Examinations Under Oath (EUO) plays a crucial role in insurance claims. It is a tool used by insurance companies to investigate and evaluate the validity of claims. If you’re involved in a car accident, you must understand what an EUO entails and how it can impact your claim.
Do not attempt to go through an EUO alone. You need an experienced Florida personal injury attorney fighting for you throughout the legal process. Your attorney can help you understand your rights and obligations during an EUO and help you comply with all legal requirements. Your lawyer will also help you prepare for an Examination Under Oath by helping you gather and organize relevant documentation, such as insurance policies, claim forms, medical records, and other supporting evidence.
Let’s face it. Insurance policies and legal terminology are complex and difficult to understand on purpose. When an insurance company asks you questions, they’re looking for specific answers. These answers may help or hurt your case. Your lawyer can explain how your answers might affect the validity of your insurance claim.
An Examination Under Oath (EUO) is a formal process in the insurance industry where an insured individual must provide sworn testimony, under penalty of perjury, regarding a claim they have submitted to their insurance company.
Insurance companies are constantly on the lookout for misrepresentation and fraud. As such, adjusters often use EUOs to assess the validity and accuracy of a claim. With an EUO, they can verify the facts, assess the extent of coverage, determine the cause of loss, and evaluate their potential liability.
During an EUO, you must provide detailed testimony, answer questions, and produce supporting documentation relevant to your claim. The questions asked during an EUO may cover various aspects, such as the circumstances surrounding the loss, the nature and extent of the damages, prior knowledge of the insured about the incident, and any other factors that may impact the claim.
When and Why EUOs Are Conducted
In insurance claims, several circumstances can trigger an Examination Under Oath (EUO). Some of the most common circumstances that may lead to an EUO include:
- High-Value Claims
- Suspicion of Fraud
- Complex or Unusual Claims
- Discrepancies or Inconsistencies
- Coverage Disputes
Do You Need a Lawyer For an EUO?
Insurance companies and their adjusters hope to find anything they can to reduce their claims and liabilities. To protect your rights and future, it is best to have an attorney on your side as you go through the entire legal process. This includes attending an EUO.
Your Florida injury lawyer can help you avoid potential pitfalls and unintended consequences during the EUO. They can advise you on responding to certain questions, navigating sensitive topics, and avoiding inadvertently making statements that may harm your claim. Their guidance can help protect you from making errors or admissions that could harm your case.
As your attorney, they will advocate for your rights throughout the EUO. They can ensure that the questioning remains fair, within legal boundaries, and that your rights are not violated during the process. If inappropriate or improper questions are asked, your personal injury lawyer can raise objections and protect you from potential harm.
How to Prepare for an EUO
When preparing for an EUO, familiarize yourself with your case and all the documents related to your insurance claim, such as the policy and claim forms. Take the time to gather any supporting evidence or documentation relevant to your claim. Review your recollection of the events, dates, and other pertinent details so that you can answer confidently during your EUO.
Your injury attorney will help you understand the types of questions insurance adjusters or opposing attorneys may ask. While you should be truthful and provide accurate information, you should also be cautious about volunteering unnecessary or unrelated information. To help you prepare better, your personal injury lawyer may conduct mock EUO sessions with you. This will help you become more comfortable with the process and practice providing clear and concise answers.
What to Expect During an Examination Under Oath
Understanding what to expect during an EUO allows you to prepare yourself and gather the necessary documentation you need. In addition, EUOs can be intimidating, especially if you are unfamiliar with the process. Knowing what to expect helps you maintain composure and reduces anxiety. When mentally prepared, you are more likely to stay focused, listen carefully to questions, and provide coherent and accurate answers.
An EUO is typically conducted by a representative from the insurance company or a designated third-party examiner. They will be responsible for asking you questions and gathering information relevant to the insurance claim. Before they question you, you’ll be asked to take an oath, to tell the truth before providing your testimony. This means that your statements will be considered under penalty of perjury, similar to being in a court of law.
The representative will ask you questions about the details of your insurance claim, including:
- Details about the accident
- Circumstances leading to your claim
- Damage and losses incurred
- Your actions before and after the accident
They may ask you if you sought medical treatment immediately or if you went to work the next day. They may ask you to rate your pain the week after the accident or why you waited to report the crash to your insurance company. They may also ask you to provide supporting documents or evidence to substantiate your claim.
Legal Implications of an EUO
If you refuse to participate in an EUO or provide false information, the insurance company may use it as a basis to deny your insurance claim. Non-compliance or dishonesty can be seen as a breach of the insurance contract, which may result in claim denial. Providing false information or refusing to cooperate during an EUO could also lead to canceling your insurance policy.
If you intentionally provide false information during an EUO, the insurance company may initiate legal action against you for fraud or misrepresentation. This can result in civil litigation, fines, penalties, or even criminal charges, depending on the jurisdiction and severity of the offense.
A well-conducted EUO can help validate the legitimacy of your insurance claim. By providing truthful and accurate information during the EUO, you enhance the credibility of your claim and increase the likelihood of a favorable outcome. If the EUO confirms the claim’s validity and supports your position, it can strengthen your case for receiving an appropriate settlement.
Contact Our Florida Personal Injury Attorneys
If you face an Examination Under Oath (EUO) or have concerns about an insurance claim, don’t navigate the legal complexities alone. Seek the guidance and expertise of an experienced Florida personal injury attorney at Prosper Shaked Accident Injury Attorneys, PA. Our attorneys can help you prepare for the examination, gather relevant evidence, and formulate strong and accurate responses to questions. We are here to help you through this difficult and confusing time. Call Prosper Shaked at (305) 694-2676 for a free case evaluation. Together we can seek justice and get you the compensation you need – and deserve.