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F.A.Q on Examination Under Oath (“EUO”)

What is an Examination under Oath?

An Examination under Oath or EUO is a sworn statement given by someone who has made a claim due to car accident. The statement is usually requested by the carrier and is taken under oath. The statements are recorded by a court reporter with a transcript made available at a later time.

Does the carrier have a right to demand EUO of the patient?

The basis for the right to examine an insured is the insurance policy. The insurance policy defines the rights and duties for the parties. Included in most carriers’ policy is a notice that the insured (“persons seeking coverage under its policy”) might be required to submit to an EUO.

What types of questions are involved in the EUOs?

EUOs could be requested for questions involving coverage; eligibility; medical necessity of continued treatment; details on the accident; allegations of fraud; confirmation of address; etc.

Can a claim be denied for failure to attend an EUO?

Yes, most carriers’ plan denotes that failure to attend two scheduled EUOs results in a termination of benefits. Most carriers typically assert the defense of “failure to cooperate.” According to the case law, the alleged non-cooperation must be egregious (N.J.A.F.I.U.A. v Jallah, 256 NJ Super. 134 [App. Div. 1992]) and the carrier must show appreciable prejudice (Hager v. Gonsalves, 398 N.J. Super. 529, 534 [App. Div. 2008]) in order to exhibit such draconian remedy of denying the claim based on a failure to attend EUO.

What should I do once I (patient) get an EUO notice?

As a patient, you should immediately communicate with your counsel.

What should I (treating doctor) do once I get an EUO notice for my patient?

Alert the patient’s attorney and/or patient about the scheduled EUO. In the alternative, you immediately contact our office if the case is in arbitration. If you have any questions regarding scheduled EUOs, you may contact our office to discuss same.

What should I do if I as the treating doctor get an EUO notice directed to me?

Forward the notice to our office promptly and contact our office immediately.