What is an Examination Under Oath? The easiest was to define it is that is sworn testimony in front of a court reporter. Your testimony is subject to the charge of perjury if deliberately deceptive.
When an insured is under investigation the first reaction is to retain an attorney to defend them. Why is the wrong choice? Because, the attorney can’t defend and just gives a false sense of security. I can do anything an attorney can do and more–I can actually defend my client! Insurance claims investigation are my business!
For those experiencing an upcoming Examination Under Oath (EUO) you have three options:
- Retain an attorney. The down sides are the insurance company has 100 attorneys to your one.
- Attorneys know the law but an insurance investigation has nothing to with the law.
- You no longer have direct contact with investigator and all contact has to be done through the lawyer.
Option #2 You can retain me: Since my background is so diverse I can approach the investigation and examination under oath in a dynamic way in which an attorney can’t.
- Depending on requirements I can approach overtly or covertly. I have 30 years experience in claims investigations and 25 years as a court qualified expert witness. This gives me the ability to have the foresight as to how the invetigator will handle the case. I can do more than an attorney can do. I can actually defend my client!
Option #3 is you can handle the investigation yourself with the warning that most likely you have no experience with insurance investigaions like us seasoned pros. You will find afterwards you wish you would have said something else. You will also find your words are turned against you and your claim will cost likely get denied.
I am even including some free information if you do decide to go it alone:
- Most common issue with insureds that insurance companies exploit to their advantage. Shut up and only say the minimum you can get by with!
- If it is a yes or no question stick with that and don’t expound.
- Don’t guess. If you don’t know the answer, You don’t know the answer!
- Let’s say there is a question on your finances. Q) Can I bring my stock portfolio to show how i was surviving? A) Absolutely not! If you aren’t asked for it, never supply information!
- You may have this situation: 20 years ago I had a felony conviction. Will that come up! Yes, and it is knowing how to address it that is important. Most insurance companies work together and they are all linked through ISO and chances are they know a lot about you.
- Can I lose my job because of an insurance investigation?
- A) You sure can and if licensed that license could be in jeopardy as well if the questions are not answered correctly.
- What kind of questions are asked at the EUO? An EUO is similar to a deposition. Obviously the questions will be about the claim, your finances, but the rules are that there are no rules. You can be asked of things that have nothing to do with any of that. If working with me, you might go” How did Painter know they were going to ask me that?
- What if I refuse to go to the EUO? You will then be denied for non-cooperation.
- What if I just drop the claim? Will they still investigate the claim? Depends on the information known by the investigator. They may continue to investigate especially if they think they can get a prosecutor to listen.
- It does not matter the guilt or innocence of the insured. What matters is if they can build a believable case against the insured. The narrative does not have to be true!
The Attorney Can’t prepare the insured properly in many cases. They know the law, but a claims investigation and examination under oath has nothing to do with the law! Many times the attorneys just let the insured rattle on saying far too much! One of the best examples I use is that the insured is at an examination under oath and gets asked a question they are not comfortable with. They look over at the attorney and hope for help! The attorney goes “Objection!” Well, now the insured is relieved. Unfortunately that relief lasts for seconds and the insured is told they have to answer the question! The difference is I can actually defend the insured in these troubled times!
The insured would take a break and call me on my dedicated line and we would find the best answer. I state this however in 10 years I have prepared the client so well, such a scenario has arisen maybe 5 times in 10 years! How can an attorney prepare the insured? They can give legal citations to remember that are not relevant. What do they know about SIU investigations and their ability to mitigate them is extremely limited! I have 30 years as an insurance fraud investigator and commonly I know how the paradigm will play out before the investigator or insurance attorney does.
Experience: I have 25 years as an expert witness opposing evil unprofessional unethical insurance defense firms with sworn testimony in depositions and in trial. They have done everything to put me out of business, but I am still here in spite of them! That is why the insured needs me on the team! Lawyers generally have one skill-the law for something that does not involve the law!
“Don’t I require an attorney because the examination under oath is being given by an attorney?” Absolutely not! in fact, for all you know your attorney and the insurance attorney are golf buddies looking at the insured as a duck!
What if I don’t Want To Deal With The Investigator Anymore answering his questions during the investigation? My lawyer could handle it. So can I! Depends on the specific situation causing me to work in different capacities. I am far more versatile than an attorney. Sometimes I am stealth. Others I make my involvement known. Well how can you talk to the investigator about my claim? Well, I can do this 2 different or both ways. I am a Texas Licensed All Lines Public Adjuster. Texas reciprocates with 30 other states. I can also operate under Power of Attorney restricted to only the disposition of the claim and sometimes both. In fact, I was sitting in with my client for an examination under oath last week on her home fire claim.
Different Skill Sets I Employ: There have been claims I had different hats on and in an auto theft claim they thought they were going to deny on forensics, I supplied a report for my client on her vehicle illustrating 6 different ways the vehicle could be stolen without her key fob. All 6 could not be confirmed or denied because of the fire damage to the vehicle! She had that report with her at the examination under oath and the investigator had it entered with the court reporter as an exhibit! Because of my intervention her claim was settled in two days!
Available Almost Any Time: It’s 10:45 pm on a Sunday at the time of this writing. I just received a phone call from a potential client. Tell me what civil attorney offers those services? Some are shocked to contact me on a holiday too! My clients are everything to me. I offer consultation in all 50 states and Canada.
Covid 19 Concerns: My service is also covid 19 complaint friendly-no contact! Most Examination Under Oaths have gone virtual. Everything my client an I do is through the telephone, video conferencing, email or digitally. 25 years deposition and trial testimony experience as an expert witness and successfully servicing clients in this arena for over a decade.
Why do I have repeat clients? Because they love the professionalism but more than that, the passion to defend them! If I was financially independent I would do this for free, but unfortunately I am not and like everyone else have bills to pay.
First Initial Consultation To Evaluate Your Situation is of no cost to you. If I can’t help you I will let you know that too. If I feel you may need legal advice from an attorney because I don’t give legal advice as a non-attorney, I will tell you that too. -Insurance investigations are a minefield the insured is walking through. The carrier does not want to pay the claim and will use any avenue possible to deny the claim. I keep my client from getting blown up! The investigator does not care about the insured. If they can’t live in their house or they don’t have transportation, they don’t care. All that is important to the investigator is their reputation to their employer!
In auto theft claims insurance companies facilitate fraud by contracting fake forensic locksmiths that will claim the last time the insured’s reported stolen car was last driven with what appears to be the insured’s key! Can they prove their conclusions scientifically? Of course not! They don’t have to because they have scammed the courts with the magic forensic title. Then the investigator creates a narrative from their imagination for a believable motive and that is the perfect mixture for a denied claim or worse!
In an Examination Under Oath: What is worse than a denied claim because the insured didn’t answer the questions correctly during the investigation? The insured may have given honest answers to the best of their knowledge, but the reality is that is not enough. The insured needs to supply the correct answers with proper context! Otherwise worse is when the investigator refers the claim to a prosecutor and the prosecutor either indicts the insured or has them arrested immediately for felony insurance fraud. At that point the insured needs to retain a criminal defense attorney and if it’s going to trial. more money will be required to retain expert witnesses,