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.
