What Is An Examination Under Oath (EUO)?

by William Mattar | July 25th, 2016

examination under oathSimply put, an Examination Under Oath (EUO) is a formal process in which insurance companies may gather additional information after you submit an insurance claim. Following a car 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.

What Does EUO Mean?

Since No-Fault is paying your medical bills, they are entitled to ask you to attend what is called an Examination Under Oath.  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. 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.

How Can a Lawyer Help With An EUO?

If you have received a written request to attend an Examination Under Oath, or expect the insurance company to send one soon, it may be wise to contact a personal injury attorney. An experienced injury lawyer may be able to help by taking steps such as explaining the process of an EUO, gathering documents requested by the insurance company, and helping you prepare for questions that might be asked during the EUO. While a lawyer does not participate in the EUO, they are able to answer questions before and after the Examination Under Oath and will be at your side while it happens.

What Happens If I Don’t Attend An EUO?

It is very important you attend the Examination Under Oath 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. 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.

Has Your Insurance Company Requested an EUO? Call William Mattar.

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If your insurance company has requested an Examination Under Oath, call William Mattar. At William Mattar, we offer a free case evaluation if you or someone you know was injured in a car accident. Contact one of our car accident lawyers to get started today.