Do you feel intimidated by a request for an examination under oath? This formal questioning is a routine part of an insurance company’s investigation, but you might feel apprehensive about it.
Here, we’ll explain an examination under oath (EUO) in Alabama to help you prepare for the insurance company’s questions.
What Is Under Oath Questioning?
At an EUO, a lawyer or other insurance company professional will ask you questions. Before the questioning begins, you will legally swear to tell the truth, placing you under oath.
A court reporter records your answers. This makes the process more formal than typical insurance company questions.
Why Does an Insurance Company Examine Under Oath?
An insurance company usually examines under oath because it wants to get truthful information and prevent fraud.
An EUO encourages truthful answers because it carries criminal penalties—you could be convicted of perjury if you give a false statement.
But sometimes an insurance claim examination under oath is carried out because the insurance company wants to intimidate you or delay the process.
If you think this is the reason you were asked to complete an EUO, you should contact an experienced attorney for advice.
Tips for Examination Under Oath
What do you need to know before you attend this formal questioning? Here are some tips we share with our clients who face an examination under oath:
- You must attend the EUO. If you ignore the request to attend, the insurance company could deny your claim.
- Review potential questions before your EUO and think through your answers. This practice can help you feel less flustered when you are under oath.
- You generally can’t “plead the fifth” if you don’t want to answer a question. The Fifth Amendment protects criminal defendants, not people involved in insurance disputes.
- Try to politely answer questions and stay calm even if the insurance company’s attorney seems hostile.
- If you don’t remember a detail about your claim, say so. Don’t guess because an incorrect guess could jeopardize your claim.
If you hire an attorney to help with your insurance dispute, the lawyer can review these and other tips with you to prepare for your EUO.
Do You Need an Attorney Present?
When you receive a request for an examination under oath, you should immediately contact an attorney. An EUO is an official legal proceeding, and everything you say there becomes part of the record.
If you become flustered and answer a question incorrectly, you could lose a lot of money and face criminal penalties.
An attorney can prepare you for the types of questions you are likely to receive at the EUO and attend the proceeding with you. However, your attorney can’t object to questions or ask you additional questions under oath.
Contact an Experienced Attorney for Your Examination Under Oath
If you have received a request for an EUO, you need an attorney on your side to guide you through the process. At the Fob James Law Firm, we help clients facing stressful insurance disputes.
We pride ourselves in offering excellent client service, so we take fewer cases so that we can better focus on each individual client. Contact us today for assistance with your insurance claim examination under oath.
Fob James
Fob James obtained a B.S., in software engineering from Auburn University and then continued his education by getting his J.D. from Vanderbilt University School of Law. After working for a large regional firm for several years where he obtained awards for both individual and corporate clients, Fob found that his passion was fighting for individuals who have been seriously injured or wronged by others. Fob believes that the jury is the great equalizer to the power and influence that large corporations have in society.