Often, when you file a claim for personal injury protection benefits under a policy of automobile insurance, the insurance company will ask you to attend what is referred to as an “examination under oath” (or “EUO”). The 2013 personal injury protection (PIP) statute (frequently referred to as the “No Fault Statute” or Florida Statute 627.736) was amended to require a person claiming personal injury protection benefits under a policy of insurance to attend an examination under oath upon the written request of the insurance company. The previous PIP statute made no such requirement, however, the new statute allows an insurance company to deny your claim for PIP benefits if you unreasonably refuse to attend your examination under oath.
Notice of an examination under oath will be in writing, therefore you will most likely receive a letter, oftentimes certified, asking you to appear at a designated location on a certain date and time. If you are unavailable to attend the examination under oath at the designated date and time, it is imperative that you notify the insurance company of your unavailability as soon as possible, preferably prior to the date of the examination under oath. It would also be preferable for you to notify the insurance company of your unavailability in writing. At that point, the insurance company should attempt to reschedule the examination under oath.
Three people will typically appear at an examination under oath: the person called to appear (you), a representative from an insurance company who will ask you questions, and a court reporter who will write down everything that is said. The court reporter will first ask you to take an oath, that is, to swear that all of the things you say during the examination are true, just like if you were testifying in Court. After you take the oath, the representative from the insurance company will begin to ask you questions. These questions will typically address how the automobile accident occurred; the injuries you sustained and treatment you received; and where and with whom you were living at the time of the accident.
Dealing with an insurance company can be very intimidating. The best way ensure that you are treated fairly by an insurance company is to retain the services of an attorney. For more information as to how to protect your rights, contact Katherine Ellis, Esq. today at Pacin Levine, P.A. at (888) 450-4909.
