What is an “EUO”? A contractual condition of your No Fault Insurance policy

When we purchase a policy of automobile insurance, very often we are not aware of the “conditions” that are attached to that policy to make it effective.

Auto insurance policies are contracts.  They are agreements that require 1) policyholders to pay premiums and 2) insurance companies to cover loss related to automobile accidents.  In New York, we are covered under the “No Fault” laws which will pay for medical, hospital, therapists, etc. costs, as well as lost pay and other miscellaneous expenses.

When we are making a claim under No Fault, we have agreed to “reasonably cooperate” with the insurance company and the terms of the policy (i.e., the contract).  One way in which insurance companies can request our cooperation is to demand that we testify at an “Examination Under Oath” (Or “EUO”).

An EUO is a type of hearing in which the Injured Person is asked questions (usually by an attorney) regarding the person’s accident, injuries, and treatment.  The Injured Person is given a written notice by mail that explains when and where the EUO will take place.  It also requests that the person brings medical records and other materials related to the accident.

Generally, you may cancel the first appointment.  However, if you miss your second appointment, this may result in cancellation of ALL benefits (and possibly cancellation of payment for all PRIOR unpaid bills).  We always advise the client to attend the second appointment.

Our office will accompany you to the EUO.  You will be guided through the process and prepared prior to the EUO.

The insurance companies use the EUO as a way to cancel benefits.  They project that a certain amount of Injured Persons will miss their second appointment (which will result in the insurance companies in saving thousands of dollars by not covering your bills).

At my law firm, we always contact our clients and alert them to the danger of cancelling the second appointment.  We also will help them prior to the EUO and protect their interests.

An attorney whose specialty is “Personal Injury” can identify the tricks used by insurance companies.  Since it is a business, the goal of insurance companies is to maximize profit (not necessarily to help injured persons).  You need the protection of my firm, which has been in existence since 1988.

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