You Can Have Representation For An Examination Under Oath
It surprises many people who submit an insurance claim to discover that the insurance company – theirs or of the at-fault party – will look for any reason to not pay the claim. Sadly, insurance companies often are more apt to worry about their own bottom line than someone who has incurred major property loss or even physical injuries that require extensive medical treatment.
In their zeal to deny or minimize the amount they pay out, your insurance company may require that a claimant responds to an examination under oath (EUO). This is a formal proceeding during which an insured party who has made a claim is questioned by the insurance company about the facts surrounding that claim. As the name of the process suggests, you will be sworn in, just as you would if testifying in a court case, and you legally swear that your answers are true.
While you are not being accused of lying or fraudulently reporting the facts of your case, the insurance company typically requests an EUO to draw out information that may help them deny your claim or at least reduce the amount that is paid out. If that feels intimidating, it’s because the insurance company is doing this to protect their interests not yours.
You Have A Right To Representation
Policyholders are not required to have an attorney represent them for an EUO, but you should have one. You have a right to have an attorney present during the questioning. Make no mistake, the insurance company representative at an EUO (often a lawyer) is looking for facts or inconsistencies that will help the company deny your claim. By hiring the knowledgeable attorneys at Buscemi Hallett LLP to represent you, you will be well-prepared for the line of questioning.
The insurance carrier often seeks answers and documents, oftentimes seeking information too broad for the claim at issue or about a policyholder’s personal finances, bankruptcy history, credit score, current employment and other aspects of their life that seem wholly unrelated to their claim. As with a witness who testifies in a court trial, preparation before an EUO helps instill confidence and reduces the chances of being surprised by a question.
Put Our Experience To Work For You
We have extensive experience with EUOs. We can help you feel more comfortable with the proceeding and advise you on the types of questions that are allowable and those that are not. We will help you gather the necessary records and documents, and familiarize you with the tactics that insurance lawyers use to elicit answers that will be helpful to them and harmful to you.
You want the formal record that results from an EUO to be as favorable as possible. Call 619-821-9163 or use our online contact form to schedule a consultation. We can answer your questions and give you a better idea of what to expect if you have been asked to answer questions about your claim under oath.
We represent clients throughout Southern California from our office in San Diego.