Massachusetts Personal Injury and Workers' Compensation Law Blog
Examinations Under Oath and Massachusetts Car Accidents
Car accidents give rise to many questions. Who pays my medical bills? Who pays for lost wages? Can I collect pain and suffering? If you have been involved in a car accident and sustained injuries, there is a process you must follow with the car insurance company that insures the car you were in at the time of the crash. Keep in mind you have no obligation to provide a recorded statement to the insurance company for the at-fault driver.
Part of this car insurance process for some claimants entails having to attend an Examination Under Oath (EUO). Understand what this part of the process is is important for anyone who must attend an Examination Under Oath.
What Is An Examination Under Oath
For anyone in Massachusetts that has been injured in an automobile wreck in Massachusetts and is claiming PIP benefits, they may be required to submit to an EUO. This requirement is set forth in the standard auto insurance policy. Failure to attend may result in the insurance company validly denying payment for your car accident medical bills.
The insurance company’s lawyer will send you (or your Massachusetts car accident lawyer if you have one) a certified letter informing you about the EUO. The examination must be held within a reasonable distance from where you live.
What Happens At The EUO?
The EUO is generally held at the office of the attorney for the car insurance company. That attorney, along with a court reporter, will be waiting for you and your attorney in a conference room. You will be sworn-in by the court reporter and then the questioning by the attorney begins.
You will be asked many questions. Topics will cover your backgrounds, how the accident happened, your injuries from the accident, where you received treatment for the injuries, etc. You must answer the questions truthfully and your attorney has very little room to object to any question.
The EUO will take anywhere between 2-4 hours. At the conclusion of the EUO a transcript of the proceeding will be completed a couple of weeks later, and your car accident lawyer must be provided with a copy of the transcript.
Massachusetts Car Accident Attorney
If you are faced with an upcoming EUO, definitely don’t go without a Boston car accident attorney. Contact us today for your free consultation to see how we can help you.