A little over a year ago I got into an accident and rear ended a car that scooted forward hitting another car, vut tge problem was that the vehicle and insurance was in my moms name. I had already had gotten sued by both parties, now a year later I received papers stating that must go to an examination under oath, what happens next? I believe that the insurance company is being sued by one of the parties for $250000, I'm only 20 and the papers I've received are a little confusing.
If you refer to an examination under oath as something demanded by your insurance company, this is done to investigate whether there is coverage under the policy for the accident. After an euo in this instance, the insurance company will determine whether there is coverage, whether there is a basis for a reservation of rights, or whether the suit/claim should be settled. If your reference to an examination under oath is a demand or notice of deposition in your lawsuit, then that is to get the facts of the case on the record. After a deposition, other discovery or depositions may be taken, and eventually if there is no settlement a trial will be set. In either event you have the right to be represented by an attorney.
I'm assuming when you were sued, you "tendered" the claim to your mom's insurance company and they hired a lawyer to defend you. That lawyer is who should represent you in theis exam under oath, which is being done to test your credibility as a witness to try to attack your coverage and establish your liability and responsibility for plaintiff's damages.
The Insurance company isn't the one being sued, although they may be the one making the payments. It's YOU and YOUR MOM that are being sued. And if the plaintiffs are asking for and awarded any amounts over the limits of the available coverage, it's YOU and YOUR MOM that the plaintiffs willbe trying to get the money from.
You need to be prepared for this exam. Call your lawyer.
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You should have a lawyer represent you in an examination under oath. If the insurer is asking for this - in a car wreck case - there is some issue going on related to the coverage in all likelihood.
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