What Happens at an Examination Under Oath in Illinois?
An examination and review of what happens at an Examination Under Oath in Illinois by an experienced Insurance Attorney. This procedure can significantly effect the status and outcome of your insurance claim, as such being forewarned is forearmed in recovering your losses from the insurance company.
What is an Examination Under Oath?
An Examination Under Oath (“EUO”) is an oral statement given by the insured to an insurance company employee or legal representative and concerns your insurance claim. In Illinois, it is taken under the terms and conditions of the at-issue policy of insurance. The examination under oath is different from a recorded statement given over the phone because takes place in the presence of a certified court reporter. The court reporter transcribes or writes down every word that is spoken. The written transcript of the EUO may be used in a court proceeding.
Why am I being called in for an Examnation Under Oath (EUO)?
You are being called in for an Examination Under Oath (EUO) because there is question about your First-Party insurance claim. A first party claim is a claim you make to your own insurance company. When an insurance company finds an “issue” with your claim that cannot be easily rectified with the facts and more information is needed from you, an examination is demanded.
If you made a claim for bodily injury, the insurance company may have questions about your treating doctor, how much medical treatment you had and the price or questions about a previous injury to the same area of the body.
What happens at the Examination Under Oath?
If the Examination Under Oathce-attorney (EUO) concerns damage to property, such as a car our your home, you will be asked questions about your background including some personal questions about your family. You will be asked financial questions, including whether or not you have filed bankruptcy, your personal debts and assets and credit history.
After your personal and financial background has been covered, the examiner will turn to issues with your claim. These questions may include details on how your property came to be damaged, burned, lost or stolen. There may be questions concerning proof of ownership or details about how you acquired the property.
Often, the insurance company has information about you and your claim that you are not aware of, including details of past claims or documents from its own investigation. The second half of the examination under oath will focus on issues that the insurance company has found in its investigation.
I Have Been Called for an Examnation Under Oath (EUO). What Should I Do?
Your EUO will be conducted by an attorney who has been hired and paid by the insurance company. It is easy to see whose side s/he is on from the outset. Further, you have been called in because the insurance company has found an “issue” with your claim, which, is not usually something neutral.