5 Things To Know About Examinations Under Oath In Florida
After a property damage insurance claim is filed, both the insurer and insured will have paperwork and procedures to complete. One of these procedures is an “Examination Under Oath”, or “EUO”. You may or may not have heard of these, or been through them before. In short, the Examination Under Oath is done at the insurance companies request, to obtain additional information or address any questions or disputed issues with the claim.
An insured may have several questions about what exactly the EUO process is, and what their rights are. Some questions may be:
- I didn’t request to have an Examination Under Oath. Am I required to participate?
If you’ve been asked by your insurance company to participate in an Examination Under Oath, you are required to participate. Consequences can include issues with the processing of your claim or even a denial of your claim. The EUO is a formal proceeding that allows the policyholder to support their claim of damages to their insurance provider. The examination consists of a series of questions from the insurer or their attorney to determine the validity of your claims, or which portions of your claims can be supported. The EUO is similar to a deposition during a lawsuit.
- What kind of questions will I be expected to answer?
The insurance company will likely have detailed questions regarding the circumstances surrounding the loss, itemizations of damages, records of payments you have made toward losses, inspection reports, and any other information regarding the incident and costs involved. They may also seek to know what repairs have taken place, or are still required. If you omitted any information in response to previous requests, they may wish to follow up on those requests as well.
It is critical to answer any questions they have carefully, accurately, and in as much detail as possible. Remember that the Examination Under Oath can help you as much as it does the insurance company in processing and completing an insurance claim.
- What information should I bring with me?
You may be asked to bring certain documents or other information, including financial information such as credit card statements. You should bring any items specifically requested, as well as any other documents or photos related to the property damage.
- Is this a court proceeding?
No. While an EUO may take place in a courthouse, with the assistance of a court reporter, it is not a court proceeding that is part of an open legal case. The examination typically occurs in the presence of a representative from the insurance company, their attorney, the insured, and their attorney if they choose to retain one. There is no judge or jury supervising the matter.
- Should I have an attorney with me?
While you are not required to have an attorney present during an EUO, it is always advisable to do so. An attorney with experience handling EUOs for homeowners can not only advise and assist during the examination, but can help you thoroughly prepare beforehand, avoid potential problems, and safeguard your insurance rights as a Florida homeowner. Although an Examination Under Oath is not an official court proceeding, statements made under oath can be used against you (or in your favor) during a future court hearing.
Our Daytona, Florida Property Damage Attorneys Can Assist Homeowners with Examinations Under Oath
The prospect of an Examination Under Oath can be daunting for an insured homeowner who is just trying to get compensation for their property damage. Having the guidance of a skilled property damage insurance attorney can simplify the process and help you avoid problems with your claim. At Bundza & Rodriguez, P.A., our property damage attorneys are thoroughly familiar with all aspects of the insurance claim process, including EUOs. We know what they are likely to ask and what tactics they may use to minimize or deny your claim. Don’t hesitate to call our Daytona law offices at 386-252-5170, or schedule a consultation with our Daytona Beach property damage attorneys online.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.7142.html
