Examinations Under Oath in Florida Personal Injury Cases

After submitting an auto accident claim, you can anticipate that there  will be some level of investigation demanded on the part of your  insurer. Even if they do not suspect fraud, they will typically attempt  to decrease the value of your insurance claim or deny it all together if  they can find a valid reason for doing so. One of the most typical ways  that insurance companies tend to annoy clients is through a process  referred to as an examination under oath or EUO as it is commonly  referred. In this blog post, we will discuss EUO’s and explain how to  handle an EUO if your insurance company requests one.  

What is an Examination Under Oath?  

An examination under oath or “EUO” is a legal examination that is  conducted in the presence of a court reporter. The objective of the individual conducting the EUO will be to discover inconsistencies or  other problems with your testimony, which can after that be made use  of against you either in negotiations or in court. It goes without saying,  an evaluation or examination under oath can be difficult as well as  rather demanding for most people that have not been to one in the  past. While the insurance companies would prefer that you attend  EUO’s on your own, you have the right to have an attorney present  with you, and that is a right you should absolutely exercise. 

What to Anticipate Throughout an Examination Under Oath?

The insurance firm’s legal representative won’t inform you what type  of questions they will be asking, why they are asking them, or supply  you with any kind of information of that nature. The insurance  representative asking concerns will certainly desire to collect as many  details about the occurrence as feasible. Even more, you will certainly  almost definitely be asked questions several times with somewhat  different phrasing. This is often done to try to get you to make a  mistake and contradict yourself. Make sure you are ready for the fact  that there will probably be at least one legal representative from the  insurance company at the examination under oath in addition to the  court reporter. This tends to create a tense ambience especially if the  insured being questioned is not expecting a formal ambience. 

What Happens If I Fail to Comply with An EUO Request? 

Many insurance policies impose an obligation on the claimant to  comply with the post-loss investigation. Failure or rejection to comply  with the commitment to cooperate with an EUO request might  constitute a bar to any recovery against the insurance company.  However, there are some legitimate justifications for an insured’s  refusal to comply with an EUO demand. In Florida, many automobile  insurance companies include language in their policies that impose an  obligation on the insured to cooperate with all post-loss investigation  procedures. A non-cooperation clause, if properly drawn, can  sometimes relieve an insurer of its indemnification obligation regarding an insured who refuses to cooperate. Overall, like most  insurance-related items, it depends on the language used in the policy. 

Speak with a Personal Injury Attorney Today! 

Our firm represents families and individuals seeking reasonable  payment for their injuries. When an additional person is accountable  for your injuries, it is in your benefit to consult with an injury attorney.  Having a lawyer at your side throughout an EUO is your right and it  can help protect you from potential concerns with your insurance  claim. At Suarez & Montero, our group of accident lawyers have more  than 19 years of experience helping injury sufferers that have  sustained severe injuries in all kinds of crashes due to the negligence  or carelessness of others. Our group of automobile accident attorneys  have comprehensive experience representing clients in different kinds  of personal injury issues, including auto crashes, vehicle crashes,  motorcycle accidents, bicycle accidents, pedestrian accidents, slip and  falls, trip and falls, medical negligence, and more. If you, a friend, or  family member has been injured in any type of accident, do not hesitate  to contact the car accident attorneys at Suarez & Montero to receive  your free consultation. We serve clients throughout Florida including  those in the following areas: 

Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah,  Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami,  Tamiami, and Westchester. 

Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke  Pines, and Weston; and Palm Beach County including Boca Raton, Lake  Worth, and West Palm Beach.