Generally an examination under oath (EUO) is a sworn statement that is taken without pending litigation. It is oftentimes requested by an automobile insurance company following an accident. Generally, an insurance policy is going to required its “insured” to give an EUO at its request. The issue thus becomes who is an insured. Certainly it is anyone who is listed as an insured under the policy. Further, it is anyone seeking “first party” benefits from the policy. So in an automobile accident, if you are the insured seeking personal injury protection (PIP), medical payment coverage, uninsured motorist (UM) coverage, then you very likely are required to give the insurance company a statement or EUO, whether you are listed on the policy or are seeking benefits as an omnibus insured. Similarly, if you are a passenger in someone else’s car and are seeking UM coverage, then you too are very likely, via the terms of the insurance policy and Florida law, required to give the insurance company a statement or EUO. By comparison, if you are seeking what is called “third party” benefits, like if another car causes an accident and you are making a claim against the other driver, then in general you are not required to give that insurance company a statement or EUO in Florida. It can be confusing and clearly cases by case it is important to only give statements and EUOs to insurance companies who are entitled to such. It is recommended prior to giving a statement or EUO that you contact a Florida lawyer for information as to whether you are required to give a statement or EUO after a car accident.
If you have been in a car accident where you believe the other car was at fault, please call Drucker Law Offices for a free consultation at 561-483-9199 (Boca Raton Main office) or 954-755-2120 (Coral Springs satellite office), 561-967-3840 (Lake Worth satellite office) or 305-981-1561 (Miami satellite office). The law firm helps client who have been in an accident and fees and costs are only charged if money is recovered. The accident lawyer also helps client and prepare client for statements and examinations under oath (EUO).
Of course, every case is unique and has to be judged based on the specific facts of the case. The advice in this blog is intended to be general in nature and should not to be construed as specific advice for a case, as a slight difference in the facts could ultimately change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states or another country could vary significantly from Florida.
