Articles Tagged with testimony

Two scenarios occur shortly after a motor vehicle accident.  Your own automobile insurance carrier or a carrier providing PIP benefits may call you and request a recorded statement also known as an Examination Under Oath.   This is a sworn statement conducted by your insurance carrier and although required should never be given without retaining an attorney experienced in accident law and procedure.  The following is an excerpt of the statute mandating the insured/claimant’s contractual /statutory authority to request what is known as an EUO.

An insured seeking benefits under ss. 627.730–627.7405, including an omnibus insured, must comply with the terms of the policy, which include, but are not limited to, submitting to an examination under oath. The scope of questioning during the examination under oath is limited to relevant information or information that could reasonably be expected to lead to relevant information. Compliance with this paragraph is a condition precedent to receiving benefits. An insurer that, as a general business practice as determined by the office, requests an examination under oath of an insured or an omnibus insured without a reasonable basis is subject to §626.9541 Fla. Stat. (2016).

The second scenario occurs as follows: