Almost every automobile insurance policy includes a requirement that the insured cooperate with the insurance company’s investigation of a claim. If you are injured as a result of an automobile accident, your insurance company may request that you submit to an Examination Under Oath. An Examination Under Oath is your insurance company’s opportunity to have you give a recorded statement while under oath. You must attend an Examination Under Oath if requested to do so by your insurance company. Failure to attend an Examination Under Oath will result in your insurance claim being denied. This could cause you, at a minimum, to become responsible for medical bills that would have been paid by your insurance company. Do not let this happen. Attend the Examination Under Oath, but do not attend it alone. Let your attorney know immediately that your insurance company has requested that you attend an Examination Under Oath.
Your attorney should attend Examination Under Oath with you. The Examination Under Oath may take place at a Court Reporter’s office or your attorney’s office. There will be a Court Reporter present. You will be asked questions by an insurance adjuster or one of the insurance company’s attorneys. Your attorney can and should be present. Your attorney is not allowed to make objections. Nonetheless, your attorney will still be able to ensure that your interests are protected within this environment. You are required to answer the questions posited to you. Do not answer these questions lightly. Be truthful and be smart. Below are some tips for answering questions at an Examination Under Oath:
- Limit your answers to the question asked.
- Do not volunteer information.
- Do not answer questions that you don’t understand. It is okay to ask the examiner to clarify or repeat a question.
- Do not guess. If you don’t know, say you don’t know.
- If you need to look at documents, such as your doctor’s records, in order to answer a question asked; tell the examiner that you cannot answer the question unless you are provided with the document.
- Take a break if you need it.
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An Examination Under Oath sounds innocuous, but it can have serious consequences beyond your personal injury protection claim. Remember that your personal injury protection insurer is likely the same company that provides your uninsured motorist coverage. Insurance companies can and will use the information they obtain in an Examination Under Oath to evaluate other claims you have with the insurance company. Take an Examination Under Oath seriously. Your personal injury case may depend on it.
NOTICE: The article above is not intended to serve as legal advice, and you should not rely on it as such. It is offered only as general information. You should consult with a duly licensed attorney regarding your Florida legal matter, as every situation is unique. Please know that merely reading this article, subscribing to this blog, or otherwise contacting Bogin, Munns & Munns does not establish an attorney-client relationship with our firm. Should you seek legal representation from Bogin, Munns & Munns, any such representation must first be agreed to by the firm and confirmed in a written agreement.