Your Rights when Requested for an Examination Under Oath


Posted almost 6 years ago. Applies to New York, 5 helpful votes



You Have Been Notified Either by the Insurance Company or Its Attorneys

Read the contents of the request very carefully. Your carrier should explain under what portion of the insurance policy under which they have the right to demand the EUO. Make sure you note the date, time and place scheduled. Generally, you have the right to reschedule the examination if the date/time designated is not convenient for you. If the location the insurance company has set for you is not convenient, you also have the right to request that the location be changed to suit your needs. Make sure that you note the date, time and details of any conversation you have with the carrier.


You Have the Right to Consult an Attorney

An insurance company usually conducts an Examination Under Oath after it has gotten its Special Investigations Unit (SIU) involved in your claim. It is highly recommended that you consult an attorney who understands New York No Fault Law, even if you have not initiated a personal injury lawsuit yet.


Don't Panic if You Can't Remember all the Details

No Fault adjusters and investigators are notorious for denying claims based upon the most ridiculous discrepancies they can find. Under New York State No Fault Law, they have the right to deny your case only if they can prove that you were involved in an intentional act, rather than an accident. They can not deny your benefits for "discrepancies" in your story.


You Must Appear for the Examination Under Oath

Under New York No Fault Law, the carrier must be reasonable in its requests, but you must cooperate with them. If you willfully refuse to show up to give testimony or refuse to answer a question, your claim could be denied. In addition, you can not "plead the Fifth".


If You Do Receive a Denial of Benefits, You Have the Right to Contest It

The denial, otherwise known as an NF-10, contains options for you to contest your denial. It is highly recommended that you contact an experienced New York No Fault coverage attorney to discuss these options. Make sure your attorney understands the No Fault Regulation and the current case law, which constantly changes.

Additional Resources

You can consult the New York State Insurance Department's website, which has a special No Fault link

Long Island New York Accident Attorney

New York State Insurance Department

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