An EUO stands for Examination Under Oath.
According to the politicians in Tallahassee, this is just a nice little interview, where your insurance company is going to ask you some simple questions to help you get your claim paid. (Please notice the heavy sarcasm!).
In the words of Joe Biden, that is a bunch of Malarkey!
An EUO is not a nice, little “tell us what happened” talk with the insurance company. Instead, it is an adversarial cross-examination, similar to a deposition, that your insurer is going to use to harass you, embarrass you, and flat-out try to find anyway humanly possible not to pay your claim. They will come in and ask you about your marriage, work, sex life, criminal history, and eventually, they will ask about the accident and your doctor (and your lawyer) and try to paint you all as frauds. It doesn’t matter if it is an auto accident, or a homeowner’s claim – this is their goal in this exercise.
In the context of the new PIP auto insurance law, EUO’s just got a lot more important to your claim. Why? Because now, an EUO is considered a condition precedent to having any coverage at all. What that means is that if you fail to comply with the insurance company’s request for this intrusive examination, your claim could be denied in full, because legally, you never complied with a condition creating the coverage. Thus, despite having paid every dollar of your premium, failure to comply with an EUO request would mean your auto insurer has no legal obligation to pay your claim.
Sound complicated or scary? It can be and it should. But if you have the right legal representation, you can face this intrusive examination and pass with flying colors. There are rules that the insurance company still has to follow, like they must first give you the full policy, or you have zero obligation to submit to anything. Secondly, the EUO request must be reasonable in nature. So, they cannot just call you or fax you and tell you to come today or tomorrow. That is not reasonable notice. Lastly, you have the right to have a lawyer at your EUO. Is that a good idea, when you know the company is attempting to void your entire claim? Sounds like it to me. I would love to tell you that insurers play by the rules in these things, but that simply doesn’t happen a lot. A ton of EUO’s are done by insurance adjusters, not attorneys, who all have Perry Mason syndrome, and thus, question you in a very hostile, and flat-out unprofessional manner. Again, an experienced attorney can help prevent the overzealous adjuster from not playing by the rules or overstepping their bounds.
Don’t be fooled by insurance lobbyist talk, and think this is a “friendly little chat.” That is simply the false sense of security, and naïve understanding that the insurance company wants you to have about this important matter. Remember, an EUO is not a way for an insurance company to simply “get the facts” of your claim – it is a way to eliminate your claim. Prepare accordingly.
Michael T. Gibson is an Auto Accident Lawyer in Orlando. The law firm of Michael T. Gibson can help you obtain compensation for medical treatment, loss of wages, pain and suffering, etc. that you have incurred as a result of a car accident. Call 407-422-4529 or visit the website at www.autojusticeattorney.com.
