The Harrison
Law Group, P.C.

What You Need to Know About Examination Under Oath

January 27, 2022

If you have been involved in a car accident, you will probably need to file a claim with the at-fault driver’s insurance company to recover your financial losses. When insurance carriers suspect that someone has made a fraudulent claim, they have the right to require the doctor and the patient to submit to an Examination Under Oath (EUO). The insurance company has a right to request a EUO at any time before the insurance claim is finalized. You may have received notice that you will need to be examined under oath. We have an in-depth understanding of the process and how you can protect yourself.

What is an Examination Under Oath?

During the examination under oath process, you will be sworn in under oath. An attorney from the insurance company with whom you have filed a claim will begin asking you questions that they believe are relevant to your claim. They will ask you questions to show that your insurance claim is fraudulent. The answers you provide to the attorneys will be recorded. Most of the time, the process lasts several hours and can be grueling. 

Insurance Companies Must Follow New York Law When Requesting a EUO

Insurance companies must abide by New York law when demanding an examination under oath. They must hold the examination under oath at a place and time that is reasonably convenient to you. Any medical examinations should be conducted in a facility that is properly equipped to perform medical examinations. Additionally, the insurance company must inform you of the time the examination is scheduled. They must reimburse you for any loss of earnings and transportation cost you incurred due to complying with the request for an examination under oath. 

Finally, insurance companies have to base their requirement for an examination under oath on an objective standard. They will need to show that they have a specific objective justification supporting their use of an examination under oath. In other words, insurance companies cannot arbitrarily require that some claimants attend an examination under oath. Likewise, they cannot require an examination under oath just because a claim is costly and they do not want to pay it out. 

What Types of Questions Will I Have to Answer?

Many of the questions the attorney asks you may seem absurd and irrelevant. However, you must take the process seriously. If you do not answer the questions honestly and directly, it could hurt your compensation claim. They will use the information that the insurance company obtains during this process to decide the liability of each party in the car accident. They may even use your answers to deny your claim. 

The examination under oath will include yourself as the insured individual seeking compensation, your attorney, and/or public adjuster. The insurance company will also have an attorney present who will ask you questions, and there will be a notary recording the session. If you refuse to show up for the examination under oath, the insurance company can point to your lack of compliance as a reason to deny your claim. Some of the questions you will be asked during your examination under oath may include questions about:

  • Your finances
  • Your employees
  • Your contracts
  • Your insurance application
  • Your referral sources

When to Turn to an Attorney

The examination under oath process can be stressful. We recommend working with an experienced attorney before you attend the examination under oath. If you have already attended the examination and the insurance carrier is claiming you answered the question in a way that gives them a right to deny your payment, our firm can help you appeal the decision. Additionally, suppose you have been charged with attending the examination under oath by not fully cooperating, or you fail to attend the examination under oath. In that case, our attorneys can help you understand your rights and represent your best interests.

Your attorney will not be allowed to participate in the examination under oath as they would if you were in a courtroom. An examination under oath is not like a deposition or a trial during which your attorney can object to irrelevant or improper questions. Your attorney will not be able to ask questions. Instead, your attorney will help you prepare for the questioning you will encounter during the examination under oath. Your attorney can also help you strategize the best password for your claim after the examination. Our firm assists clients undergoing an examination under oath by:

  • Explaining the process and helping clients understand what it means to testify under oath as well as the possible consequences of the examination under oath
  • Gathering evidence and documents requested by the insurance company and ensuring that they are in order
  • Preparing our clients for the questions they will likely be asked while under oath
  • Staying by our clients sides during the examination under oath
  • Debriefing with our clients after the examination
  • Advising our clients if they got insurance company is using the examination under oath as a way to pressure you to drop your insurance claim
  • If our client’s claim is denied after the examination under oath, we can appeal the insurance company’s denial. 
  • When insurance companies engaged in fraudulent behavior, we may be able to bring a civil lawsuit against them in court

About Harrison Law Group, P.C.

The Harrison Law Group, P.C. is a well-known, and respected personal injury law firm who is exclusively dedicated to handing a wide range of personal injury cases which include but are not limited to motor vehicle accidents, slip and fall accidents, dog bites, traumatic brain injuries, serious and catastrophic injuries, soft tissue injuries, construction accidents, and many other injury cases.

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