22 Jan  What Is An Examination Under Oath?

Everything You Need to Know About an Examination Under Oath

Because most of us have little experience in legal matters, learning that you have been requested to participate in an examination under oath can be nothing less than terrifying! What is the difference between a deposition and an examination under oath? Do you need a lawyer to represent you during an examination under oath? These are just a few of the many questions that are likely taking over your thoughts. 

So, what is an examination under oath? An examination under oath is a contractually obligated legal proceeding. Similar in some ways to a deposition, a representative of an insurance provider questions an insured individual to verify the legitimacy of an insurance claim. The primary purpose of an examination under oath is to prevent insurance fraud, shedding light on the validity of the claim.

From this definition alone, you may have serious concerns regarding your insurance claim! However, it is important to note that the request to participate in an examination under oath does not necessarily mean that your insurance claim will be denied. In many ways, it is simply a due process for the insurance company to mitigate risk and minimize fraudulent claims.

In this post, we will share some important facts about examinations under oath. We will also provide you with valuable tips for preparing for an upcoming examination under oath. Through this information, we hope to provide you with the insight and education you need to approach your examination under oath without unnecessary stress.

Examination Under Oath: What Is It? 

Simply put, an examination under oath is just that: an opportunity for a representative of an insurance company to examine your insurance claim while you are under a legally binding oath. This is likely slightly intimidating, even for the most experienced individual. Learning that your insurance claim is under investigation is a serious matter! 

The purpose of an examination under oath is to produce additional facts regarding an individual’s insurance claim, determining its legitimacy. From this information, the insurance company will decide whether the claim is a covered event or if it falls under the category of insurance fraud.

Most often, your examination under oath will take place in either an attorney’s office or a neutral location such as the office of a court reporter. While examinations under oath are legally binding and serious events, a judge is not present. 

A representative or attorney for the insurance company will conduct the examination under oath, posing questions that they deem pertinent. As the subject of the examination, you must answer each question clearly and concisely. You must remember that you are under a legally binding oath during this time! 

It is in your best interest to work with a Tulsa lawyer as you prepare for your examination under oath. And while your lawyer will be able to attend the examination, they will not be able to participate in any way.

Minimizing Insurance Fraud Through Examination Under Oath

In the United States alone, it is estimated that there are nearly $80 billion in fraudulent claims made each year. From this number alone, you can easily see the importance of examinations under oath. While it is never fun to be the subject of an examination under oath, this process drastically reduces the insurance rates of everyone insured by the company. 

Without examinations under oath, insurance companies would pay billions of dollars each year in fraudulent claims. These costs must be recouped in some way, likely resulting in higher insurance rates across the company. So, while it may be an inconvenience to participate in an examination under oath, try to remember that it is in your best interest.

After all, if your insurance claim is legitimate and you are not attempting to commit insurance fraud, you should have no reason for concern! 

Legal Depositions vs. Examination Under Oath

A series of questions while under a legally binding oath sounds a lot like a deposition, doesn’t it? In many ways, legal depositions are quite similar to examinations under oath. The primary difference between these two types of examinations is their purpose. While examinations under oath are only conducted by insurance companies to identify fraudulent claims, depositions occur for a wide variety of cases.

A legal deposition provides an opportunity for a lawyer to ask questions regarding the case they are working on in hopes to uncover additional information to aid them in their case. While an insurance company may participate in a deposition in some form, they are never the party conducting the deposition. 

You can learn more about the difference between examination under oath and depositions here.

Tips for Examination Under Oath Preparation

Much like a deposition, or any other important meeting for that matter, proper preparation is key to your success in an examination under oath! Here are a few examination under oath tips for success for preparing as the date of your examination under oath approaches.

Contact an Experienced Lawyer

First and foremost, you must contact an experienced lawyer! While you may be tempted to navigate the examination under oath on your own, this will likely not provide you with an optimal outcome. Your lawyer will not be able to participate in your examination under oath. 

However, they will be able to guide you through the preparation process, providing you with the information you need to succeed. Additionally, a lawyer is an invaluable resource for you as you will have many questions to ask before the date of your examination under oath.

It is wise to research several lawyers in your area to find one who specializes in examinations under oath. 

Ask Questions to Clarify Important Information

To have a successful examination under oath, you must understand the information that the lawyer presents. Even if you feel as though your questions are silly, it is wise to clarify any confusing information. Approaching your examination under oath with confidence will contribute to your success.

Understand the Importance of Examination Under Oath

Although your examination under oath may simply be a formality, it should not be taken lightly! Examinations under oath are incredibly important. From the information you provide, and how you present yourself, you could be denied the payment you are seeking through your insurance claim! 

It is important to treat your examination under oath as the important event that it is. Through proper preparation and expert legal advice, you will be able to achieve the outcome you desire.

Review All Documents & Information in Preparation for EUO

During your examination under oath, you will be required to review and present documentation and information relevant to the insurance claim. It is important that you carefully review each piece of information that you will share during your examination. Meticulously gather any information that you may deem necessary.

Your attorney will likely provide you with a list of information and documentation that you may need to present during your examination under oath. Some of the documents on this list may include the following: 

• Bank Records
• Tax Returns
• Medical Records
• Construction Documentation
• Insurance Policies
• Past Insurance Claims
• Telephone Records
• Social Media Records

 

These are just a few of the many items that the attorney representing your insurance company may request. If you do not have a certain document that is requested, your lawyer must communicate this with the insurance company before your examination. They may request an additional document or alternative information. 

Present Yourself Professionally During Examination Under Oath

Presentation is everything in important matters like examinations under oath. You must present yourself professionally in the way that you interact with lawyers, in how you conduct yourself throughout the examination, and in the way that you dress. 

On the day of your examination under oath, it is important to dress professionally, appropriately, and conservatively. This meeting will take place in an attorney’s office. However, it should be treated with the same respect as if it was a courtroom. The clothing that you wear to an examination under oath should be similar to what you would wear to a deposition.

Communicate Clearly & Provide Concise Answers

The success of your examination under oath depends almost entirely on the answer you provide during the examination. You must remember that you will be under a legally binding oath during this entire process. For this reason, everything you share must be entirely accurate, to the best of your knowledge.

Additionally, a court reporter will record all examinations under oath. This official report will determine the outcome of the event. You must communicate clearly and provide concise answers to each question asked of you. This will ensure that the information you share is correct on the record. Additionally, it will leave little room for error due to miscommunication. 

Ensuring a Successful Examination Under Oath

Examinations under oath are certainly not a fun experience. However, with the help of an experienced lawyer as well as adequate preparation, you can ensure a successful examination. Remember, if you are not attempting to commit insurance fraud, you really have nothing to worry about!