What is "Bad Faith" in Insurance?

An examination under oath is a formal proceeding used by insurance providers to secure relevant facts regarding a claim. The EUO can be used to gather additional information and ensure that the policyholder has adequately documented their claim before the insurer accepts or denies it. As a policyholder, you must agree to an EUO if your insurance company requests it.

EUO Proceedings

During the EUO, an insurance adjuster or attorney for the insurance company questions the insured individual. Before the questioning, the insured is placed under oath, meaning they legally swear that they will tell the truth. The EUO could be extensive and may last several hours. An official court reporter typically records all questions and answers. It is crucial to note that you are entitled to have a lawyer prepare you for the procedure and accompany you to the EUO.

Preparing for the EUO

If you have an attorney, make sure to provide them with your insurance policy and any other correspondence and information you received from the insurer during the claims process. Questioning at the EUO typically relies on any information provided during the claims process, such as documents, recorded statements, or further investigations into the claim. You must tell the truth during an EUO. If your insurer uncovers a lie, your insurance policy could be void.

An EUO allows an insurance company to obtain information that may be necessary to process a claim. Insurance companies also use EUOs to uncover fraudulent claims. However, they are increasingly used in circumstances that are not suspicious. Therefore, an insurance carrier may use an EUO to find reasons and justification to deny you coverage. Moreover, failing to appear for an EUO may invalidate your insurance coverage as you will be considered in non-compliance with the terms of your policy.

An EUO is not the same as a recorded statement. A recorded statement is usually made by the insured over the phone and recorded by an insurance representative and not made under oath. Moreover, policyholders may be able to refuse a recorded statement without jeopardizing their rights. However, if an insured individual fails to attend an EUO, they could lose their rights to an insurance settlement.

Your insurer is requesting an examination under oath (EUO) from you to dig deeper and find out more about you and your claim. While there can be various questions during an EUO, commonly asked questions in car accident-related claims can include:

• Where do you live, and how long have you lived there?
• How are you feeling? (do not say “great” if you are injured or in pain)
• What happened during the accident?
• In which direction were you traveling?
• Which part of your car was damaged?
• How fast were you driving?
• Did you take any medications or drink alcohol before the crash?
• How often do you see your doctor?
• Do you have any pre-existing conditions?
• Which medical treatments are you receiving?
• Have you ever filed other insurance claims?

It is important to note that during the EUO, unlike in legal proceedings, your attorney may not object to any questions. Therefore, preparation before the procedure is critical. Our attorneys can coach you before the EUO, which can help you master the questioning confidently and establish your credibility and honesty.

If you do not already have an attorney regarding the insurance claim, consider working with one as soon as you receive a notice asking you to attend an EUO. Our experienced insurance dispute lawyers can:

• Explain what to expect during an EUO
• Gather and organize the documents required by your insurer
• Go over the potential questions you will be asked
• Coach you for the EUO
• Be by your side during the EUO
• Determine a strategy after the EUO

Our determined attorneys can be in your corner and strongly advocate for your rights when you have to attend an EUO. We are experienced in dealing with insurance companies and can protect your rights and fight for the compensation you deserve.

Consider getting legal help and advice if you are wondering what an examination under oath (EUO) is, and why your insurer requests this from you. Failing to attend your EUO could lead to the insurance provider declining coverage. However, your insurer could use the EUO to fish for information that helps them to deny or minimize your claim.

Therefore, consider protecting your rights as a policyholder by getting a determined insurance lawyer from Morgan & Morgan in your corner. Our fee is free unless and until we recover a settlement for you. Contact us today to find out more in a complimentary consultation.