August 14, 2023
Generally speaking, an examination under oath, or EUO, is a formal process in which an insurance company seeks additional information in response to an insurance claim. An insurer’s request for an EUO is contractual in nature. For example, if you’re involved in a car collision in? New York, some medical expenses and lost wages you incur may be covered by personal injury protection, or no-fault insurance, regardless of who is to blame for the accident. The no-fault insurance company is entitled to ask you questions under oath in relation to that no-fault claim.
Examinations under oath are not exclusive to no-fault claims. An examination under oath may also be required when claims are made under an uninsured or supplementary uninsured/underinsured motorist coverage in an automobile policy. These coverages help protect people when injured by a motorist who lacks bodily injury liability insurance.
An examination under oath, or EUO, is similar to a deposition or examination before trial in a lawsuit in that it’s sworn testimony given in the presence of attorneys and a court reporter and subject to perjury laws.
A claimant who fails to comply with a timely request for an EUO could prompt an attempt by the insurance company to disclaim insurance coverage based on a failure to cooperate. An insured who fails to appear for an examination under oath may be putting the entire insurance claim at risk.
Sometimes, when demanding an EUO, the insurance company is simply assessing and adjusting the claim. In other cases, the company may believe the policyholder is committing fraud. Occasionally, an insurance company may be on a ‘fishing expedition,’ looking for an excuse to deny the claim. Reasons why an insurer might request an examination under oath may vary, but the consequences for not appearing are almost always the same: a risk that coverage could be disclaimed and denied.
During an examination under oath relating to a claim for uninsured or supplementary uninsured/underinsured motorist coverage, an attorney employed or hired by the insurance company may ask questions about how the car collision happened, the injuries sustained, and any related medical treatment. Question may also probe the extent to which the injuries have affected the insured’s daily life, and whether the insured had prior related medical treatment.
Has your insurance company requested an EUO? Call William Mattar.
If you were injured in a car accident and believe you may need to submit to an EUO in relation to an uninsured or supplementary/underinsured motorist claim, call the law offices of William Mattar for a free case evaluation. Contact one of our car-accident lawyers today, at 844-444-4444.