An Examination Under Oath (EUO) is similar to a deposition. However, unlike a deposition, numerous rules of evidence and procedure do not apply. There is no judge to call if you want to complain. The rules and case law favor the insurance company. The stated purpose of the EUO is to get information. The real purpose of the EUO, however, is for the insurance company to find any reason to deny the claim. During the EUO, a lawyer representing the insurance company will question you under oath. You will be asked to produce documents both before and after the EUO. If you handle any part of the EUO wrong, the claim can be denied.
DO I NEED A LAWYER FOR AN EUO?
You don't need a lawyer for an EUO but the real question is, should you hire one? Look at the question another way: why go without one? What do you really have to gain by handling this process without one? Once an EUO is requested, the dollar amount of the claim is no longer the real issue. The primary issue is whether this will become a criminal investigation or prosecution. Thus, it would be crazy not to hire a lawyer when so much is at stake.
HOW DO I HANDLE AN INSURANCE FRAUD INVESTIGATION?
An insurance fraud investigation is very serious business. In some states, an insurance fraud conviction will land you in prison even if you are a first offender. Thus, you should never handle an insurance fraud investigation by yourself. Anything you say can be used against you. No matter how innocent you are, you have a lot to lose. No matter how guilty you are, the right lawyer can help prevent you from being charged and then convicted. Too many people think that getting a lawyer shows that they have something to hide. This thinking is incorrect and has led too many people to make the wrong move. Don't make this mistake. Hire a lawyer ASAP at the first sign of trouble.