What Is an EUO?
E.J. Simonsen | Nov 22, 2022
An EUO may be required if an insurance company disputes your claim. If you have been asked to participate, you need to be prepared. Here is what you need to know about what an EUO is, what it entails, and where you can get help.
What Is an EUO?
An examination under oath (EUO) is a formal procedure that an insurance company can request before a claim is processed. It can have multiple purposes, but most commonly functions to help insurance companies gather more information about a claim, prevent fraud, or allow the insured party to prove their losses.
What Happens In an EUO?
During an EUO, you (the claimant or insured) will be sworn under oath, which means you will legally swear to speak truthfully. A representative of your insurance company (typically a lawyer) will ask you several questions about your claim. All of their questions and your answers will be recorded by a court reporter.
An EUO can last for hours. Your insurance company wants to secure all the relevant facts and you want to ensure you’ve been given every opportunity to document the specifics of your claim. This is why you need to understand what you are facing and prepare yourself ahead of time, and why working with an attorney during that preparation period is critical.
Do I Have to Go to an EUO?
If you are summoned to an EUO, it’s important to attend. Otherwise, your insurer can deny your claim.
Here’s the caveat. If an EUO occurs, and you weren’t aware of it, there are a few viable reasons to justify your lack of attendance. Examples include:
- The manner in which your notice was given
- The timing of your EUO appointment
- Inability to have an attorney present
If you believe an EUO was unfairly requested, or took place at a time or location that was not convenient, you can get help by talking to an attorney.
Can My Attorney Help Me in My EUO?
An attorney can help you before, during, and after your EUO. However, it is important to understand what exactly they can and can’t do throughout the process.
Before the EUO
Your attorney can prepare you by explaining how EUO proceedings work, answering your questions, and helping you formulate responses to the questions you’ll likely be asked.
During the EUO
Similar to a deposition, your attorney can attend your EUO. But unlike a deposition, your attorney cannot interact or object to questions you are asked. They may only step in if things get out of hand or if questions become too personal.
After the EUO
If your insurance claim is denied or underpaid after your EUO has taken place, your attorney can help you create a plan of action for rebuttal. If necessary, they can support you in filing a lawsuit and demanding the damages you are owed.
Are EUOs Common?
EUOs are expensive for insurance companies, so it depends on which one you work with. Some insurance companies rarely request EUOs, while others do nearly every time for cases where they deny coverage. Some companies will use EUOs as an intimidation tactic to delay or challenge your case unfairly, which is another reason why it’s crucial to work with a lawyer if you are summoned.
Requested at an EUO? Contact The Lane Law Firm for Help.
If you’re having trouble with an insurance claim and your provider is requesting an EUO, make sure you have the right team at your side. Contact one of our insurance dispute resolution attorneys at The Lane Law Firm as soon as possible. We’re happy to help.