White Collar Crime News

Examination Under Oath: How the Insurance Company Will Set You Up June 7, 2009

An insurance fraud charge usually starts well before the police get involved.  As I’ve said before, insurance companies employ large teams of investigators, lawyers and others who do nothing else but insurance fraud investigation.  Once they have enough evidence to deny the claim or get money back, they call the police and hand them a case tied up in a bow and ready to prosecute.

If you submit an insurance claim and the company suspects fraud, they will likely send you a letter for an “Examination Under Oath” or EUO.  An Examination Under Oath is basically a deposition, but since there is no actual case, they call it an Examination Under Oath.  An attorney will question you under oath about every last detail of your claim and everything you say will be taken down by a court reporter.

Thus, if you try to change your mind later on, the prosecutor on the case will hammer you as you gave a very detailed statement under oath.  So, your credibility will be shot regardless of whether you were mistaken or lying.  Regardless, your statement made during the Examination Under Oath will be used against you.   The worst part is that you can’t challenge the statement as you were not questioned by the police.

So, what to do if you get a letter requesting a Examination Under Oath?  Call an attorney and make sure that the attorney knows that he or she is doing when it comes to insurance fraud.  As I practice in every court in New Jersey, I would be more than happy to help you if you get a request for an Examination Under Oath.  The best part about getting an attorney for an Examination Under Oath is that it is rarely expensive and if you are never charged with insurance fraud, you will be saving many thousands of dollars in addition to the damage such a charge would do to your reputation.

Outside of New Jersey?

My consulting practice is available nationwide.  Hiring a litigation consultant to help defend you is a cost-effective way of getting a tough lawyer on your side.  Call me anytime to discuss your case.