What is an Examination Under Oath?Posted November 5, 2017
Before paying your property damage claim, your insurance company will investigate your case. The extent of the investigation will vary depending on the specific nature of the claim. In some cases, consistent with Oklahoma’s insurance regulations, your insurer may request that you submit to an examination under oath.
An examination under oath is a verbal statement that you give the insurance company. During the course of the examination, a person is typically asked relevant questions by the insurance company’s legal team. Here, our Oklahoma City bad faith insurance lawyers explain some of the basic things you need to know about property insurance claims and examinations under oath.
Why Is My Insurance Company Requesting an Examination Under Oath?
The somewhat unsatisfying answer to this question is that it depends. Your insurer may request an examination for many different reasons. One thing is certain: If your insurer is requesting an examination under oath, then it means that the company is not yet ready to pay your claim. It could simply mean that company needs a little bit more information. However, it could also mean that they are suspicious of some aspect of your claim. The investigation is still ongoing. Any and all information gathered during your examination under oath could impact the insurance company’s ultimate decision. As such, it is strongly recommended that you consult with an Oklahoma property insurance lawyer who can protect your rights.
How to Prepare for an Examination Under Oath
- Get Organized
You should keep in mind that the insurance company will be seeking information from you. Be sure that you are fully organized and ready to address any questions or concerns that they might have. Of course, you do not have to answer unfair questions, but you should be prepared with all of the available information.
- Do Not Lie or Misrepresent Your Claim
If you lie or mislead the insurance company, your misconduct can be used against you. If you do not know the answer to a question, that is acceptable. You are allowed to say that. However, if you are caught lying, you risk destroying an otherwise valid property insurance claim. Worse than that, you could even end up in serious legal trouble. Always be truthful when under oath.
- Hire an Attorney
There is no reason to go through an examination under oath on your own. You will be questioned by the insurance company’s lawyer, a trained professional who likely has years of experience. To level the playing field, you should have your own property insurance attorney in the room with you. Your attorney will be able to make sure that you are not being asked unfair questions.
Contact Our Oklahoma Property Insurance Lawyers Today
At The Bennett Law Firm, our top-rated Oklahoma bad faith insurance lawyers have helped protect the rights of many policyholders. If you need legal advice, please call us today at 405-272-0303 The Bennett Law Firm. We represent property owners and Oklahoma City and throughout the region, including in Moore, Norman and Shawnee.