Chris Finney, Trial Attorney
An examination under oath is kind of like a pseudo deposition. It’s almost always in first-party cases. A 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.
When Might I Have To Give An Examination Under Oath?
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 have a obligation to cooperate with the insurance company. The cooperative phase often requires the company to do or assert what’s called an EU or an examination under oath.
Examination Under Oath Defined?
An examination under oath 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.
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.