Examination Under Oath (“EUO”)
You have been injured in a motor vehicle accident (“MVA”) or suffered a house fire and have property damage. You notified your insurance representative, completed all the necessary paper work, such as an Application for Benefits for MVAs. Now it is time for your representative to investigate the incident and you may be asked to attend an EUO.
But what is an EUO?
Firstly, it is important to note that in relation to an MVA, the Ontario Statutory Benefit Schedule requires that you cooperate with your insurance representative and attend an EUO.
While property damage claims do not have the same obligation, it is often written into the claimant’s policy and as such, it should be abided by.
An EUO takes place in a formal setting with the attendance of a court reporter. You are placed under oath and the entire process is recorded and transcribed. The goal is for the insurance representative or their lawyer to ask you questions regarding the incident, injuries and any other damages suffered.
These questions must be answered honestly and carefully. It is important to remember that not all questions are allowed and your answers should be answered with either a ‘yes’ or a ‘no’.
Many people don’t know how to differentiate between the questions they should answer and those that are out of line.
Also, you may be asked to provide certain documents such as those of identification to the representative, which is allowed. However, many other requests should be denied as they do not have a right to them. Determining what the representative have a right to request is difficult, so be very careful and wary about this.
Do I have to attend an EUO?
While you must attend an EUO when asked especially those pertaining to an MVA, you are exempt from doing so if your health does not permit it. Specifically, if you have mental or physical conditions that prevent you from attending, you may be excused from this step.
However, whether you are able to attend or unable due to health problems, you should contact a lawyer and ask questions specifically relating to your matter. This will better prepare you for the EUO and allows you to determine if you should attend one with a lawyer, as the outcome of the EUO may affect the outcome of the investigation and as a result, your entitlement to recover any of the damages.
Disclaimer: The foregoing is for informational purposes only, and should in no way be relied upon as legal advice. For legal advice tailored to your circumstances, please contact PINTO LAW by email or telephone.