If your insurance company has requested an Examination Under Oath (EUO), you may be wondering what it means and how it could impact your claim. An EUO is a formal proceeding where you must answer questions under oath about your accident and insurance policy.
This article will explain why insurers request EUOs, what to know, common pitfalls, and how a Massachusetts personal injury lawyer from our firm can help protect your rights. Understanding the process enables you to navigate it confidently and avoid mistakes that could harm your claim.
How Examination Under Oaths Are Defined
An Examination Under Oath (EUO) involves an insurance company questioning a policyholder under oath regarding a claim the policyholder has made. This process aids insurers in investigating claims and detecting potential fraud. Failure to attend an EUO can be considered a breach of the insurance contract, potentially leading to denial of coverage.
It’s essential to go into an EUO prepared and clear-headed. Talking to our accident lawyers beforehand can help you feel ready to answer the insurer’s questions.
Why Is My Insurance Company Requesting an EUO?
Insurance companies may request an EUO to ensure a claim aligns with policy terms. While this process is routine in certain cases, it can feel intimidating, especially if you’re unsure why it’s happening.
Common reasons an insurer may require an EUO include:
- Inconsistencies: If your accident details or injuries appear unclear or contradict other evidence, the insurer may want to confirm details and clear up any lingering questions about the accident.
- High–Value Claims: Large payouts may undergo extra scrutiny to confirm legitimacy.
- Gaps in Medical Treatment: Delays in seeking care can raise questions about the severity of your injury. It’s one reason to always seek medical care after an accident and to follow your doctor’s prescribed treatment plan.
While an EUO is not an accusation of fraud, anything you say can impact your claim. Insurers may look for discrepancies that justify denying your claim. Hiring our Massachusetts insurance claims attorneys can help you prepare and prevent misstatements that could be used against you.
How Can an EUO Affect My Insurance Claim in Massachusetts?
What you say during an Examination Under Oath matters. Insurance companies use EUOs to assess the validity of a claim, and any inconsistencies in your statements, even when done unintentionally, can be used to deny or reduce your compensation. If you provide confusing answers, contradict prior statements, or unintentionally misrepresent details, the insurer may argue that your claim lacks credibility.
Refusing to attend an EUO or failing to adequately prepare can also lead to a claim denial, as non-compliance may be considered a breach of your policy terms. Understanding your insurance policy and how your insurer uses EUOs is vital.
Our Massachusetts attorneys can help by reviewing your case and insurance policy, ensuring your statements align with the facts, and preventing common mistakes that could jeopardize your compensation.
What Should I Expect During an EUO in Massachusetts?
An Examination Under Oath typically takes place in a law office or virtually, with a court reporter or other official documenting your testimony. You’ll be questioned by the insurance company’s attorney about the accident, your injuries, medical history, and policy details.
Questions may feel repetitive or probing. It can be easy, especially if you’re nervous, to stumble over your words or make mistakes. However, you are under oath, which means false statements could lead to denied claims or even allegations of fraud.
Preparation is key. Our Massachusetts property damage lawyers can help you anticipate difficult questions and teach you how to answer in an honest, clear way. We can also attend the EUO with you so the insurance company acts fairly and doesn’t ask misleading or unnecessary questions. Having legal support can prevent mistakes that might otherwise harm your ability to recover compensation.
Common Mistakes to Avoid During an EUO
Avoiding common mistakes can protect your right to compensation. Try to avoid:
- Guessing or Speculating: If you don’t remember something, say so instead of guessing. Incorrect details can create inconsistencies. Simply say “I don’t know” or “I don’t recall” if you are unsure.
- Overexplaining: Stick to direct and factual statements. Oversharing could give the insurer grounds to challenge your claim.
- Contradicting Previous Statements: Even small inconsistencies can be used against you. Reviewing your claim beforehand is essential. Again, if you are unsure or don’t remember, it is better to say that than to guess.
- Speaking Without Preparation: Without reviewing accident details, medical records, and policy terms, you may unintentionally say something harmful.
What Happens After an EUO in Massachusetts?
Once your EUO is complete and the insurance company has reviewed the details of your case, they will make a decision about your claim. This process can take weeks, and the insurer may request additional documentation.
If the insurer finds your answers satisfactory, they may approve your claim and process payment. However, if inconsistencies arise, they may delay, reduce, or deny your claim. You may be protected by Massachusetts laws that require the insurer to state their reasons for denial.
A denial could be based on perceived misstatements, lack of evidence, or alleged policy violations. If your claim is denied, you have options. A Massachusetts personal injury attorney can appeal the decision, provide additional support for your claim, and challenge unfair claim denials.
A Massachusetts Lawyer Can Protect Your Rights During an Examination Under Oath
Understanding an Examination Under Oath alone can be overwhelming. You may be worried about saying the wrong thing and losing out on financial compensation you need to recover after an accident. Our Massachusetts law firm can tell you what you should know, speak your language (Spanish, Arabic, Creole, Greek, Portuguese, Russian, or Turkish), and charge nothing up front.
Contact our lawyers at GED Lawyers today to get started on your accident case. We’ll fight against insurer tactics and support you throughout the EUO and your case.
