Personal Injury Attorney Serving Missouri & Illinois
What is an Examination under Oath?
An examination under oath is kind of like a pseudo deposition. It’s almost always in first-party cases. You might be like “what’s the first party case?” First party case is an uninsured motorist case that you’re making because you were hit by someone who didn’t have insurance or a hit and run driver against your own insurance company or an underinsured motorist claim. An Underinsured motorist claim is where you’re making a claim against your own insurance company because the driver who hit you didn’t have adequate insurance to value your injuries.
Basically, your insurance contract or your insurance policy is a contract between you and that insurance company. You both have certain rights and obligations under the policy. Whether you know it or not, you probably haven’t read it, you probably should do that. But, when you have a contract, both parties have obligations.
The insurance company may have an obligation to pay out for certain bodily injury or property damage claims, but you also have a right to cooperate that with them or you have an obligation to cooperate with them. They can kind of do that cooperative phase by doing or asserting what’s called an EU or an examination under oath. That is a sworn statement under oath that the insurance company takes, of you the claimant, about the facts and circumstances of the case. Typically always has to do with whether that policy was in effect at the time of the claimed injury. It has to do with coverage defenses. Does that contract of insurance apply to your claim?
So, an examination under oath, the best way to think about it is to think of it as a deposition about the insurance coverage for a first-party claim. And, for more about depositions you can check out our video on depositions.
If you are facing a personal injury case, it’s important you speak to an attorney, contact us today.