I missed my No Fault Examination Under Oath (EUO)! Can this affect my benefits?

by William Mattar | July 25th, 2016

Following a motor vehicle accident in New York, it is likely that your medical expenses related to the accident will be covered by your Personal Injury Protection (PIP), more commonly referred to as No-Fault insurance.  Remember that in New York, No-Fault often pays your medical expenses, regardless of whether you are the at fault driver in the accident.

Since No-Fault is paying your medical bills, they are entitled to ask you to attend what is called an examination under oath, or “EUO”.  An insurance carrier may require that you attend an EUO, pursuant to New York State Department of Financial Services Regulation No. 68 (11 NYCRR 65).  Missing the EUO can have significant consequences.  An insurance carrier commonly invokes their right to conduct an EUO when they want to question you regarding the losses you are contending.

It is very important you attend the EUO on the date and time scheduled with your attorney.  In the event you are unable to attend, it imperative that you reschedule by speaking with both your attorney, and the No-Fault adjuster.  If you miss your EUO twice, there can be significant consequences for you.  A missed EUO often leads to a denial of benefits.  This will impact your ability to pay for medical expenses and to recover lost wages or to pay for other necessary expenses related to the accident.  It is in your best interest to cooperate with No-Fault and to attend the EUO at the date and time scheduled.

Take preparation for your EUO seriously.  An EUO is like a deposition during litigation.  An EUO is sworn testimony, meaning it is under oath and subject to perjury laws, and in the presence of attorneys and a court reporter.  What you say can be reviewed at a later time and may impact your personal injury case, positively, negatively, or otherwise, depending on the testimony given.

For more on time deadlines and other important information, ask the New York auto injury lawyers at William Mattar.