There is deposition testimony, which when people want to know what an EUO (Examination Under Oath) is the same thing. Both are sworn testimony, but an EUO doesn’t have a court case assigned to it.
Insured’s are made aware of an EUO towards the end of an auto theft investigation. If you have never had the opportunity to testify like this, the worst thing you can do is handle it on your own.
For years I have prepared insureds for EUOs and we have a 90% success rate of getting you past it and paid, when they had no intention of paying before the EUO.
Of course you tell the truth, but there is more than one way to tell the truth. EUOs are commonly given by outside attorneys. Yet, there are insurance companies that like to be cheap and let an investigator give an EUO.
The main thing about an EUO or a deposition is the ground rules are the same. There are no rules, other than the person taking testimony cannot assault you. Both do not reflect as to how you would testify in court because many times the questions aren’t relative in a trial. Now, if you admitted to having a felony or two, you can bet the insurance company is going to use everything possible to put you in a bad light.
Certain legal professions are used against the insured like that of exotic dancing. It is legal, but they emphasize this to make a woman look seedy and a prostitute.
Depositions and EUOs have one purpose. To destroy a person’s credibility and always remember, the deponent never wins.
This is the lawyers party. You are invited, but not allowed to have fun.
Recently, I had an attorney try to set me up for an argument all through their line of questioning. I didn’t take the bait and just agreed with her.
I have done enough depositions that I have intentionally set up the opposing attorney. One such case, I was having a good time. The lawyer will use a deposition to read you. This way if there are hot buttons, the attorney can make a guy easily upset look like a lunetic in court.
Well, here was the perfect opportunity to have fun. The deposition was not video recorded because I would have never dine what I did here. He stated to me “Mr. Painter, you are aware you are under oath, correct? I gave you three questions and you answered different each time. Actually, he gave three similar questions, each requiring a different answer. Well, he was trying to shame me. I stood up as he was sitting directly across me from the table. I raised my voice (controlled) and told him don’t ever question my credibility ever again!
Immediately, he called for a break. He left the room. The court reporter said to me, I have been in this business 35 years and never saw an expert get angry like that. I said mam, did I appear angry? She said, you sure did! I said good with a smile and said isn’t this court work all about theatrics? She realized there was no anger and it was a show.
He bought it hook line and sinker though. When in trial, he was growing very angry because he assumed I was a hot head. His face was red and that artery in the side of his neck, I thought is was going to burst. He did everything possible to get me angry and I was just cool and calm. I guess Mr. Professional that thought he was an expert on reading people was wrong!
I have jammed up many opposing attorney in trial. Some feel with a law degree they are smarter than everyone. Sometimes, they are wrong!
I will be putting much more information here. Look for it and please feel free to comment.
Copyright 2018. Rob Painter