October 12, 2024

Examinations Under Oath: A Comprehensive Guide to Your Rights and Responsibilities

Your life may be turned upside down after being involved in a serious accident or finding your home or belongings destroyed. You may initially feel hope since you have insurance coverage in place. However, after initiating the claims process, the insurance company orders you to appear for an examination under oath (EUO).

This may leave you intimidated, overwhelmed, and unsure of what to expect. Fortunately, your bad-faith insurance lawyer from Callender Bowlin will be by your side to help you prepare and ensure you understand your rights and responsibilities during an EUO. Here is more about how examinations under oath work, your rights when answering questions, and the possible outcomes of an EUO.

What Is an Examination Under Oath?

An examination under oath is a proceeding requested by an insurance company after a claimant files a claim. These exams are taken in the presence of a court reporter and you will be considered under oath while being questioned. Typically, insurance companies use EUOs to get the information they need to investigate and process your claim.

The purpose of these proceedings is to determine whether additional information is needed to continue processing your claim and ensure the insurance company has all the relevant facts they need to make a reasonable settlement offer. This is also a good opportunity for you to ensure that the evidence your property damage attorney has obtained to support your case is submitted to the insurance company so they have what they need to make a final decision in your favor.

When you are under oath, it is important to keep in mind that you are not accused of doing anything wrong. However, you are required to answer questions truthfully when under oath and in the presence of a court reporter. The court reporter will be carefully documenting all questions and answers during the EUO so the insurance company can refer back to this testimony as part of their investigation.

Your Rights During an EUO

When participating in an EUO, you may feel as though you are being interrogated. However, you have certain rights and responsibilities when you are providing the insurance company with testimony under oath. Your rights include:

The right to refuse to answer – If the insurance company’s legal representative asks you questions that could violate your rights or lead to self-incrimination, you have the right to refuse to answer them which is protected by the Fifth Amendment.
The right to provide testimony – When filing a claim with the insurance company, you are expected to cooperate fully and provide the most accurate and truthful testimony possible to obtain the settlement you are entitled to.
The right to legal representation – You do not have to go into an examination under oath alone. Under the Sixth Amendment, you have the right to have your first-party insurance claim attorney with you during the EUO to represent your interests, protect your rights, and provide you with legal advice during the examination.

Preparing for an EUO

Your legal advocate can help you prepare for your examination under oath after filing a claim for property damages. The insurance company is going to be asking you a wide variety of questions about how the damage occurred and the extent of your losses. Some of the most common questions the insurance company may ask as part of your EUO include:

Where and when the accident occurred?
Can you explain the extent of your damages?
Were there any witnesses to the accident?
What are the conditions and terms described in your insurance policy regarding property damage claims?
How did the damage happen?
Have you requested quotes or repair estimates for the damaged property?
Do you have evidence documenting the damage?
Did you report the property damage to the insurance company?
Have you provided evidence of your damages to the insurance company?
When did you report the property damage to the insurance company?
What specific types of damages did you suffer as a result of the accident?
Was your insurance policy active at the time of the accident?
Have you previously filed property damage claims with the insurance company?
Did your insurance policy cover the property damage in question?
What were you doing when the accident happened?
Did you take any steps to mitigate further damage after the accident?

What to Do If You Feel Unprepared

When you feel unprepared for an EUO, do not hesitate to contact your property damage lawyer to discuss your concerns. We can schedule a meeting where we can discuss your upcoming testimony and help you prepare for the questions the insurance company’s legal representative may be asking during your examination under oath.

Examination Under Oath FAQ

What are the possible outcomes of an EUO?

After your EUO has been completed, there are several possible outcomes. The specific circumstances of your case, the evidence provided to the insurance company, and the insurance adjuster’s assessment of your claim will all determine how your settlement unfolds. Some potential outcomes of an EUO include:

The insurance company makes a partial settlement offer
The insurance company denies your claim
The insurance company requests additional information or further investigation
The insurer approves your claim

If the insurance company’s assessment determines that you are in compliance with the terms of the insurance policy and your claim is valid, they should make you a settlement offer. That does not mean they will immediately settle for the full value of your damages, but with the right pressure from your bad-faith insurance attorney, you can show the insurance company that you are not intimidated and will not back down until you receive the fair compensation you deserve.

Can I refuse to attend an EUO?

The insurance company has the right to request an EUO. While you may not be breaking the law if you refuse to attend an EUO, you could have your claim for compensation be denied, especially if the insurance company considers the refusal a breach of contract. Sadly, many insurance companies try to intimidate claimants by requesting EUOs in an attempt to avoid their financial obligations. However, with our team on your side, you can keep the insurance company in check.

Do I need a lawyer at an EUO?

You are not legally required to have a lawyer present at your EUO, but doing so could greatly benefit your eventual insurance settlement. You do not want to risk giving inconsistent answers or saying something to the insurance company’s lawyer that could be misinterpreted or used to reduce your settlement. When you have a legal representative present, you will know how you should answer the questions asked, what to expect from the insurance company’s line of questioning, and feel confident providing the insurer with the answers they need to process your claim.

Consult a High-Powered Personal Injury Lawyer for Help Today

Now that you have more insight into how EUOs work and why insurance companies may order them, you may feel a little more prepared if you have been called on to answer questions regarding your claim. However, you do not need to go into this process alone. Your property damage attorney from Callender Bowlin can be present for your examination under oath which can help you protect your rights and safeguard the settlement you are entitled to.

Learn more about how to respond to your EUO demand and how we will start preparing for your questioning when you contact our office to schedule a no-cost, risk-free consultation. You can reach us through our confidential contact form or by phone to get started as soon as today.