Many California property insurance policies require that you submit to an Examination Under Oath regarding your insurance claim. The questions asked at an Examination Under Oath are given orally before a court reporter who administers the oath and transcribes the proceeding. The examination may only be conducted upon reasonable notice, at a reasonably convenient location, and for a reasonable length of time.
The Law Offices of Edward Misleh, APC is a Sacramento law firm, located in Sacramento, California that practices personal injury law. We represent clients in Sacramento, California and clients in Northern California with services they need and deserve when addressing injuries suffered from an auto accident or slip and fall due to another party’s negligence. Call now our Lawyer Hotline. We offer a free consultation and no upfront fees. We get paid only when we settle your case. Call now 916-443-1267 for your free consultation.
Examination Under Oath
An Examination Under Oath is typically conducted by a lawyer retained by the insurance company who will question the party making a claim for damages. You are entitled to have an attorney representing you when you attend the Examination Under Oath. Note that although your attorney can attend the examination, they do not have the right to ask questions. However, your attorney can protect you by objecting to questions on your behalf.
The purpose of the Examination Under Oath is to obtain information about your claim – the facts, circumstances surrounding your claim, and the amount of damages. Examinations Under Oath are frequently conducted under circumstances where the loss is undocumented or suspect. The insurance company may also require you to produce documents pertaining to your claim.
Production of Documents
Not only will you be required to answer questions during the examination, but will also be required to volunteer relevant information. Many if not most insurance companies will request that you produce documents at or before the Examination Under Oath. There are various reasons for this, such as to determine your whereabouts at the time of loss, your financial situation, etc.
The insurance company, through its lawyer, must notify you that you are entitled, free of charge, a copy of the transcript for your review. You are entitled to make sworn corrections to the transcript so that it accurately reflects your testimony.
Conditions of the Examination Under Oath
Once an insurance company requests an Examination Under Oath, the examination becomes a condition to the insurance company paying the claim. Although you must submit to the examination before the insurance company will pay the claim, there is no guarantee that the insurance company will pay the claim.
Objections to an Examination Under Oath
Objections to an Examination Under Oath are waived if not timely raised. If you have an objection such as to the reasonableness of the time, place, or method of examination, this objection must be timely raised or is waived. Only objections that may be made under state or federal law may be asserted. However, if asserting the objection results in you failing to provide information material to the claim, the insurance company may deny the claim in whole or in part.
To avoid any misstatements or conflicting testimony at the examination, you should request a copy of any previously recorded statement. However, where no litigation has been filed, and during the insurance company’s ongoing investigation, there is no legal obligation to provide a transcript or copy of the prior recorded statement.
CALL NOW TO MAKE AN APPOINTMENT FOR A FREE CONSULTATION