During an insurance claim, you come across a procedure called an Examination Under Oath every so often. This is relevant when it comes down to property damages, personal injury, or other types of loss that you have to go through insurance with. As a result, it becomes an official hearing, almost like a legal deposition. Something like this doesn’t happen as often, but when it does, it leaves people in suspense, confusion, and additional stress. This can get triggered for one or many reasons. Sometimes, insurance companies have questions regarding your claim. When searching those questions may potentially open up to more questions, which often leads to an Examination Under Oath. The following will shed light on this matter and how KAASS LAW can help anyone with this through a scheduled consultation.
What is an Examination Under Oath (EUO)?
To start, an Examination Under Oath is a type of interview that is conducted by an insurance company. Through this interview, the insurance company would hire an outside attorney or firm as their designated representation. It is a recording procedure where you, as the policyholder, have to answer a series of questions. The insurance company has the right to conduct an EUO as part of its investigation. The purpose is finding the legitimacy and extent of the loss. This right is usually outlines the terms and conditions of your insurance policy.
Can a Policyholder Refuse to Participate in an Examination Under Oath?
No, a policyholder cannot refuse to participate in an examination under oath. In fact, a policyholder’s claim can be denied based on failing to submit to an examination under oath.
What a Policyholder Should Know Before Participating in an Examination Under Oath?
The following is a list of things, although not a complete list, that the policyholder should know before participating in an examination under oath:
- The insurance company may conduct the examination only to get information that is relevant and reasonably necessary for handling or investigating the claim;
- The insurance company may not conduct an examination for any improper purpose, such as to harass or intimidate an insured;
- The examination may only be conducted at a reasonably convenient place, upon reasonable notice, and for a reasonable length of time;
- The insured may be represented by their counsel and may record the examination in its entirety;
- The insurance company, through its counsel, may notify the policyholder that they may request a copy of the transcript in order to review and make corrections, if necessary;
- Objections can be made during an examination; however, if an objection results in the policyholder failing to provide information that is material to the claim, the insurance company may deny the claim in whole or in part;
- A policyholder who submits a false or fraudulent claim may be subject to all criminal and civil penalties under California law.
Why Legal Representation is Crucial During an EUO:
Facing an Examination Under Oath without legal representation can be a significant disadvantage. Your attorney can provide invaluable assistance by:
- Preparing You for the Examination: Your attorney will review the likely topics of questioning and help you prepare truthful and concise answers.
- Protecting Your Rights: Your attorney will be present to ensure the insurance company adheres to proper procedures and respects your legal rights.
- Objecting to Improper Questions: Your attorney will object to questions that are irrelevant, privileged, or designed to confuse or mislead you.
- Ensuring an Accurate Record: Your attorney will review the transcript or recording . We can check for accuracy and ensure your testimony is properly documented.
- Preventing Misstatements: In the often stressful environment of an EUO, it’s easy to make unintentional misstatements. Your attorney can help you avoid these pitfalls.
- Leveling the Playing Field: Insurance companies have experienced legal teams representing their interests. Having your own attorney ensures a more balanced and fair process.
Contact Us
At KAASS LAW, we have extensive experience guiding California policyholders through the Examination Under Oath process. We understand the tactics insurance companies may employ and are dedicated to protecting your rights. Our goal is to ensure a fair outcome for your claim. If you have, under request, to submit to an EUO, we can:
- Provide you with thorough preparation and guidance.
- Attend the EUO with you to protect your interests.
- Object to improper questioning and ensure your testimony is accurate and under-recording.
- Review the transcript or recording and advise you on any necessary clarifications.
- We can help advocate for your rights throughout the entire insurance claim and its process.
Dealing with this alone can be stressful. Prior to your EUO, schedule a consultation appointment with our office so we may go over your case and offer solutions and preparations. Contact the experienced insurance attorneys at KAASS LAW for knowledgeable and dedicated representation to protect your rights and your insurance claim in California. We offer guidance on auto insurance and how it works. For further research, CA Department of Insurance offers a guide on learning terminologies and insurance coverage.