Examination Under Oath: Stolen Car

Once your car is stolen often the insurance company will set up an examination under oath (EUO). This is a deposition. You have the right to have an attorney to be with you during this EUO.

An insured’s failure to comply with an insurer’s demand for an EUO generally constitutes a material breach of contract which renders the insurer void of liability for the presented claim. Recorded statements taken of the insured by the insurer are not a substitute for an EUO and do not excuse the insured from submitting to one.

During an EUO, all questions considered material and relevant to the claim must be answered by the insured. The refusal of an insured to answer such questions, whether under advice of an attorney or not, may result in a legitimate denial of the claim.

Generally the insurer, in addition to a demand for an EUO, will demand that the insured produce certain documents to assist in substantiating their claim. Refusal to comply with the demand to produce the requested documents, if material and relevant to the insurer’s investigation, will likely result in a legitimate basis for denial of the claim.

It is very important that if your car is stolen that you immediately contact a lawyer to represent you. If you have any questions regarding your stolen car or your insurance company please contact our office.

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