After a car accident involving injuries, an Examination Under Oath (EUO) gives an opportunity for a representative of a car insurance carrier to question their insured under oath in the presence of a court reporter. As a policy holder, you are required to comply as part of the car insurance company’s accident claims investigation process. It is a contractual obligation. The insurance company has no duty to perform its major responsibility (to cover your losses) unless you comply with the terms of the contract.
The purpose of an Examination Under Oath is to determine:
- Was their coverage at the time of the accident? (any material misrepresentations on the PIP application?)
- Was there a legitimate accident?
- Was there a resulting injury?
- Is/was the medical treatment being received reasonable and necessary?
The obligation to submit to an EUO is codified in Florida Statutes, but goes back over a century. There is a US Supreme Court case called Claflin v. Commonwealth Ins. Co. from 1884 that explains how the insurance company has a right to obtain all information with regard to facts material to their rights so that they may determine the extent of their obligation and to protect them against false claims. That last part is essentially the real purpose of an EUO — your carrier is looking for a reason to deny coverage.