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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33102
Experience:  Began practicing law in 1992
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One of my cars got stolen ,, I've given affidavit of events

Customer Question

One of my cars got stolen ,, I've given affidavit of events notorized and 1 hour recording n questions of the day of event plus affidavit to police signed but I'm still being harassed by insurance now they want me to sit under oath with their lawerys an answer all the same questions again. Police investigator has closed his investigation but insurance has concerns as they told me over a phone call. I'm the victim but they are making me feel I'm the criminal..do I have to go to their lawyer n stenographer as they are asking me...submit to examination under oath is what they are telling me I must do..
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Unfortunately, there's a 99.9% chance that you do. Every insurance policy I have ever seen, and I have seen a lot of them, have a requirement in them that you submit to an "examination under oath" (also known as an EUO) upon request by the insurance company as a prerequisite to them paying under the policy. A very few policies have language that is slightly different and requires that you "cooperate fully" with any requests that the insurance company makes which would include an examination under oath.
Expert:  Dwayne B. replied 1 year ago.
The reason that I didn't say it is 100% that you have to submit to the questioning is because, in theory, there could be an insurance policy out there that doesn't have that language in it but that is in theory only because in the hundreds of them I have looked at I have never seen one that did not.
Expert:  Dwayne B. replied 1 year ago.
You are allowed to hire your own lawyer and bring them with you to the EUO and it isn't a bad idea if you have the funds to do so, not because you aren't going to tell the truth but because sometimes the lawyer for the insurance company phrases things in such a way that it can create an opportunity for them to deny the claim based on your answer and if you have your own lawyer there they can spot that issue as it comes up and handle it by making the other lawyer ask the question in a different way or helping you correct the answer.
Expert:  Dwayne B. replied 1 year ago.
If your question has been answered completely then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I will be offline for a couple of hours but should be back later this evening and if have any follow up questions I'll pick up and answer them when I return.