How to handle an Examination Under Oath
An Examination Under Oath is a foreign concept to most people, including attorneys. Getting a notice that your insurance company is conducting an EUO will lead many to search the Internet for more information. This article will give an overview as to what you should expect.
EUO BasicsAn examination under oath (or EUO) is similar to a deposition. The purpose is to allow the insurance company to question you under oath to get more information about the claim. Well, that's the stated purpose however. The real purpose seems to be a way to harass the customer into giving up on the claim or to uncover enough evidence to make out a case for insurance fraud. Unlike a deposition, the rules of evidence and procedure do not apply. There is no judge to call if a dispute arises. The policy will dictate the rules along with some case law that is all heavily in favor of the insurance company. An EUO costs the insurance companies a lot of money. They have to pay their investigator to focus on this case. The more the investigators are spending their time with EUO's the more investigators they need to work on other cases. They will also have to hire a lawyer and a court reporter. Neither come cheap. Since I have never seen a quick or easy EUO, you can be sure that each one costs the insurance company thousands. Thus, if you think they insurance company is going to spend thousands of dollars just to get some information, think again.
The Insurance Fraud ConcernBesides worrying about the claim, you should be concerned about an insurance fraud allegation. If the insurance company can make out a claim for insurance fraud, they will be able to completely deny the claim. The best way to protect yourself is to hire a lawyer right away. Of course, you should find a lawyer that is experienced with both EUO's and insurance fraud. Besides helping you avoid an insurance fraud prosecution, the lawyer can also help get your claim approved.