How to Prepare for Examination Under Oath (EUO) During an Insurance Claim
Insurance companies use examinations under oath (EUOs) to fight back against insurance fraud. Every year, insurers lose billions to insurance fraud. As part of their due diligence for a claim, an insurer may request you to undergo an examination under oath.
You may or may not need to be concerned about an examination under oath. Keep reading to find out everything you need to know about an EUO and how to prepare.
What is an Examination Under Oath?
An examination under oath (EUO) is an interview during which the insurer or a representative asks questions related to your recent insurance claim.
The interview takes place under oath and in the presence of a court reporter. Typically, the insurance company uses a lawyer as a representative, and that lawyer asks questions related to your claim.
Even if you have a legitimate claim, your insurer could use the examination under oath to intimidate you, bullying you into accepting a lower settlement. Insurers could also use the interview as a “fishing expedition,” causing you to admit to something that weakens your claim.
Why is My Insurer Requesting an Examination Under Oath?
In most cases, insurers request examinations under oath as part of their normal due diligence.
Something about your claim may have triggered the insurer’s risk management system. Your claim may be 100% legitimate, but your insurer is simply doing its due diligence to ensure there’s no fraud taking place.
In some cases, however, insurers request examinations under oath because they believe the policyholder has committed fraud. The insurer may have discovered evidence of a fraudulent claim – like signs of arson in a house fire or commercial business fire claim.
Some insurers also use examinations under oath as a “fishing expedition.” They’re looking for any excuse to deny your claim. They could ask leading questions or try to intimidate policyholders with the ultimate goal of denying or reducing your claim.
What to Expect During an Examination Under Oath
An examination under oath is a formal proceeding during which the policyholder is questioned by a representative of the insurance company, under oath and in the presence of a court reporter. Typically, the representative of the insurance company is a lawyer.
Because the examination is “under oath,” you are legally required to tell the truth. You have legally sworn you’re answering questions truthfully.
During the examination, the insurance company’s attorney asks questions about the claim and the resulting damage. The purpose is to obtain all necessary information about the claim to ensure a smooth, accurate, honest payout.
Does an Examination Under Oath Mean I’m In Trouble?
It’s natural to be worried when you receive a request for an examination under oath from your insurer.
Let’s say your house burned down in an electrical fire. You filed a fire damage insurance claim, moved out of your home, paid for hotel accommodations and food for weeks, and are waiting for your insurer to begin repairing or replacing your home. Then, you get a notification to appear for an examination under oath.
Examination under oath can be intimidating: you’re sitting in a room answering questions under oath from a lawyer with a court reporter present. Even if you did nothing wrong, it can be a nerve-wracking experience.
Fortunately, examinations under oath do not mean you’re in trouble. In most cases, the insurer is simply doing its due diligence.
Examinations under oath are particularly common for high-value claims. Before an insurer pays out a multi-million dollar claim, for example, they may need to conduct greater-than-usual levels of due diligence.
In other cases, however, you do have something to worry about: the insurer may suspect foul play, and the insurer may use the examination under oath to catch you in a lie and protect itself from insurance fraud.
Ultimately, the purpose of an examination under oath is simple: to collect all of the facts from your case. The insurance company wants to collect all relevant information from the insured policyholder, giving the policyholder every opportunity to thoroughly document the claim before the insurance company makes a final decision to accept or deny the claim.
Am I Required to Attend My Examination Under Oath?
Insurance companies have the right to request an examination under oath from each policyholder.
Check your insurance policy. There should be a section referencing an examination under oath and your duty to appear. You could find it in the “duties after loss” section.
If you fail to comply with the insurance company’s request for an examination under oath, then you’re not technically breaking the law. However, you’re breaching the insurance contract you signed with your insurance company, giving your insurer an excuse to deny your claim. It makes you look guilty – even if you didn’t commit insurance fraud.
Consider Hiring a Public Adjuster to Prepare You for an Examination Under Oath
Many policyholders work with a public adjuster to prepare for an examination under oath – even if they have nothing to worry about.
Insurers could use examinations under oath as fishing expeditions, seeking a reason to deny an otherwise legitimate insurance claim.
Insurers also use examinations under oath to intimidate policyholders. They might bully you into accepting a lower claim than you initially expected because you’re so worried about your claim being completely denied.
For all of these reasons, it may be in your best interest to hire a public adjuster or lawyer to prepare for your examination under oath. These professionals can help:
- Prepare you for the examination
- Explain what to expect during the meeting
- Tell you what information to reveal and how to answer certain questions
- Prepare documentation and evidence before the meeting to reinforce your side of the claim
- Teach clients the “tricks” used by insurance companies to weaken a claim
- Help clients rehearse testimony to ensure your legitimate insurance claim is covered according the terms of your insurance policy
When an insurance company requests an examination under oath, it may be in your best interest to hire a public adjuster – especially if you have done nothing wrong. Failing to prepare for your examination could lead to denial of your otherwise legitimate claim, especially if you’re not prepared for the examination.
A good public adjuster pushes back against the examination under oath, fighting for the policyholder to ensure you receive the compensation you’re owed for your legitimate insurance claim.
Contact ClaimsMate today for a no-cost consultation with a public adjuster and prepare for your examination under oath.
Stephanie is a property insurance claim expert with over 20 years of experience working as an insurance adjuster, expert witness, appraiser and umpire. She is passionate about sharing her expertise, knowledge, tips and training to help both property owners and Public Adjusters in their pursuit of effectively managing claims and recovering the claim settlement they deserve after a loss.
