When you make a claim against your insurance company—which you will likely do following your involvement in an accident that leaves you injured—the carrier may request to take your testimony. This procedure, called an “Examination Under Oath” (“EUO”), is frequently performed if the insurance carrier considers your claim to be fraudulent or meritless, or if they are considering disputing coverage.
EUOs can be nerve-racking—even if you’ve done nothing wrong—and have a significant impact on your insurance payout. Below, we’ve broke down some of the most frequently asked questions we get about EUOs from clients when their insurance company requests an examination under oath.
Examination Under Oath FAQs
What is an Examination Under Oath, or EUO?
An EUO is virtually the same as a deposition, and involves sworn testimony, usually taken by an attorney for the insurance carrier. This testimony can be used for any purpose, and can be used against you if harmful to your interests. Therefore, it is very important to protect yourself and your rights to your insurance coverage.
Do I Have To Participate in an Examination Under Oath?
Because you are required, under the terms of your insurance contract, to cooperate with your insurance carrier, you may be required to participate in the EUO. However, you can and should still take steps to protect your own interests.
Should I Get a Lawyer If I’m Required to Undergo an Examination Under Oath?
You are entitled to have an attorney with you at the EUO to object to inappropriate questions and to help prepare you for your testimony. Although your attorney obviously may not tell you what to say, an attorney can educate you on the “rules” for testifying, and coach you in how to best respond to questioning.
Though it is not necessary or required, partnering with an experienced attorney can be incredibly beneficial if you are facing an examination under oath.
Get the Assistance You Need When An Examination Under Oath is Requested
If you have been asked to provide testimony at an Examination Under Oath, it is in your best interest to consult with an experienced attorney as soon as possible to ensure your rights are protected.
Not sure where to turn for assistance? If you are in Albany, the greater Capital Region of Upstate NY, Johnstown, Saugerties, Amsterdam, Catskill, Gloversville, Hudson or elsewhere in New York State, contact the personal injury attorneys at Maynard, O’Connor, Smith & Catalinotto for assistance. We have extensive experience in EUOs and personal injury litigation, and can help ensure that you receive the coverage and compensation to which you are entitled.
Give us a call today at (800) 721-3553 or contact us online to have your case reviewed for free.
Wondering about other aspects of insurance? The following resources are a good place to start:
The Importance of Medical Treatment After an Accident – Learn why if you’re planning on pursuing a personal injury case following an accident, completing the proper steps–like receiving medical treatment–can be pivotal to the successful outcome of your case and insurance coverage.
Understanding What The Insurance Company Already Knows About You – Find out what information about your current and past accidents and injuries your insurance company can find out about if you pursue a personal injury case.
SUM Insurance Coverage: Protection From Uninsured and Underinsured Motorists – If you’re in an accident with an uninsured or underinsured motorist, SUM insurance could protect you & provide you with the compensation you deserve.
Important Records to Maintain Following a Car Accident Injury – Read the steps you should take & the records you should keep following a car accident.
Editor’s Note: This post was originally published in 2017, but has been updated as of October 2019.
