San Antonio Examinations Under Oath Lawyer

If you file a claim under your commercial, auto, or home insurance policy, your carrier may require you to participate in an Examination Under Oath (EUO). This means they’re asking you to provide sworn testimony pursuant to an investigation for your insurance claim. For help discussing the process and preparing for your EUO, contact an experienced San Antonio Examinations Under Oath lawyer.

I’m Jon Michael Smith, an AV Preeminent attorney in San Antonio with more than 30 years of legal experience helping clients with many different types of insurance issues. I can help business representatives and individuals with the EUO process. I work hard to protect corporate and individual rights, and I can help discuss how to comply with relevant Texas insurance law.

How Do Fraud Claims Affect Insurance Premiums?

The Coalition Against Insurance Fraud reports that fraudulent insurance claims cost insurers approximately $308 billion each year. American consumers are paying for insurance fraud annually. Also, this means that when you pay your insurance premiums, about 12% or more of these premiums go directly to fraud. Fraud is suspected in approximately 10% of all property-casualty losses claimed under insurance policies.

Back in the 80s, the American Insurance Industry Association estimated that between 15% to 20% of all claims under insurance policies were fraudulent, which cost insureds approximately $13.75 billion in insurance premiums. As you can see, fraud claims have continued to rise and continue to cost Americans money each year.

What Are the Basics of an EUO?

An EUO is the formal process an insurance company uses to question its own insured under oath to gather relevant information. When an insurance company doubts a claim’s validity, suspects fraud, or simply needs more info before paying out on a claim, they may require you to sit for an EUO.

Based on the language included in your policy, you are required to attend, and you must truthfully answer questions. You typically sit and answer questions from a skilled insurance defense lawyer whose job it is to cross-examine you. A court reporter types their questions and your answers. Honestly, the attorney may try to trip you up, and there are consequences for lying under oath during an EUO.

Your testimony then becomes part of the official record of your claim, which can be used as part of the carrier’s decision process or later in court. If you fail to participate in the EUO, it could lead to a denial of your insurance claim.

Is a Deposition the Same Thing as an EUO?

A deposition is similar to an EUO, but they are slightly different. They both involve a person providing sworn testimony, but a deposition usually is part of a legal claim. An EUO is part of the fact-finding process of an insurance claim before a legal claim is formally filed. Additionally, an EUO is only governed by a relevant insurance contract, while the deposition process must follow Texas court rules.

How Should I Prepare for an EUO for My Insurance Claim?

With an EUO, your carrier wants to make sure your claim aligns with your contractual obligations under your specific insurance policy. There are a few proactive steps to take in order to prepare for your EUO based on your specific insurance claim. You can:

• Review your policy. It’s helpful to review your policy terms, the exclusion language, and your obligations and the obligations of your carrier that are outlined in your policy. You can then prepare yourself for any questions or topics of concern that might be addressed during your EUO.
• Gather information. You can help gather all evidence to support your insurance claim, like accident reports, police reports, healthcare bills, medical documentation, receipts, and all correspondence relating to your claim. If you can provide supportive documentation during your EUO, it typically supports your insurance claim and your credibility.
• Consult an attorney. A Texas attorney with experience handling EUOs can provide invaluable legal assistance during the process.

If you complete these steps, you can better prepare yourself for your EUO hearing.

Should I Consult an Attorney?

Yes, it’s important to consider speaking with an experienced local attorney to help with your EUO preparation. A lawyer with experience handling EUOs can:

• Help explain the entire process
• Prepare you for questioning
• Explain the potential ramifications of the EUO
• Attend your EUO to ensure your individual rights are protected
• Discuss how to answer questions
• Make sure you aren’t accidentally negatively impacting your claim with your responses
• Discuss at length what information is helpful to disclose
• Help advocate for your rights
• Make sure your insurance carrier takes your claim seriously

Some people inadvertently answer questions in a way that could potentially hurt their claim. In general, hiring your own attorney can help you level the playing field and provide substantial legal guidance. A lawyer can help advocate for your rights and make sure your insurance carrier takes your claim seriously.

What Else Do I Need to Know About EUOs?

It’s important to provide truthful answers, even to personal or difficult questions. Your EUO is not confidential, and everything you discuss is considered “on the record.” It’s not a private meeting. You should plan to cooperate and participate in the process unless your attorney advises you otherwise. They can fully review your specific policy language and discuss whether you must attend an EUO hearing.

Contact an Experienced San Antonio EUO Attorney – Call Jon Michael Smith

Consult an experienced insurance claims attorney about your EUO examination in order to protect your rights and interests. Even if you feel like your insurance claim is straightforward and legitimate, it’s always important to speak with an attorney who can provide objective and reliable legal advice. I have helped policyholders throughout Central Texas.

I’m attorney Jon Michael Smith, and I am board-certified in Texas for consumer and commercial law. Insurance attorneys like to pursue potential fraud claims and ask tough questions. I can prepare you for your EUO, address your concerns, and answer your important questions. Together, we can review your claim circumstances, and I can protect your rights.

My office is conveniently located in Austin, near US 183 and the Capital of Texas Highway (Loop 360). As a client, you’re welcome to contact me directly to set up a consultation with an experienced San Antonio Examination Under Oath lawyer.