Freundlich & Littman, LLC

Examination Under Oath Lawyers

An examination under oath is a routine insurance procedure, and a recorded one. Preparation is what keeps it from becoming a problem for your claim.

4.9 out of 5 · 145+ reviews
  • Free, confidential case review
  • No cost, no obligation
  • A lead attorney and dedicated legal team
Avvo Rating 10.0 SuperbThe National Trial Lawyers, Top 100Super Lawyers, Austin Ross Freundlich100 Million Dollar Advocates Forum

It's Easy to Get Started

Get a free case review.

By submitting you agree to be contacted by Freundlich & Littman, LLC. Submitting this form does not create an attorney-client relationship. Attorney advertising.

Prefer to talk now? (215) 545-8500

Insurance Litigation

An examination under oath is a procedure insurance companies use after you file a claim. It is a quasi-legal proceeding: you appear before a representative of the insurer, a court reporter records everything said, and you take an oath to tell the truth just as you would in a deposition or at trial. The questions are deliberately structured to resemble a deposition, because the purpose is fact-finding. The insurer is investigating and gathering the information it wants in hand before it makes a determination on your claim.

1

Lead attorney on every case we take, backed by a dedicated legal team you work with directly.

You are not required to bring an attorney, but it is strongly advisable. An attorney cannot answer for you or coach your testimony. What an attorney can do is object to improper questions and recognize when the insurer or its counsel is doing something that is not strictly above board. The insurer's representative will have a lawyer in the room, and neither of them is there to protect your interests.

Our work on an examination under oath is preparation as much as attendance: understanding the claim, understanding what the insurer is likely probing for, and making sure you walk in ready rather than surprised. Prepared for the questions the insurer will ask, an examination under oath is not a strenuous ordeal. Unprepared, it becomes a transcript the insurer can build a denial around. Consultations and case evaluations are free.

Examination Under Oath

There are many situations where you might take an examination under oath. The attorneys at Freundlich & Littman, LLC want you prepared for an examination under oath. If at any time you need legal representation for an examination under oath in Philadelphia, do not hesitate to contact us.

An examination under oath is a routine procedure in the insurance world. If you prepare enough for the questions that the insurance company asks, it will not be a strenuous ordeal. This article will discuss what an examination under oath is and how to prepare for one.

A legal oath is a pledge to tell the truth during a legal procedure. An examination under oath is procedure typically held by insurance companies. In many ways, it is a quasi-legal proceeding. After you file a claim with your insurance company, they may need you to report to a representative from the agency. A court reporter will be there to take down everything said, just as in a deposition or trial. You will take an oath to tell the truth. After the oath, the questioner will ask you a series of questions. Insurance companies design these questions to mimic a deposition. In a deposition, as you may have seen on popular media, is a fact-finding exercise. It allows the insurer to investigate and have all the information needed before making a determination on your claim.

Frequently Asked

Examination Under Oath Lawyers: Frequently Asked Questions

What is an examination under oath?

It is a procedure held by an insurance company after you file a claim. A court reporter takes down everything said, you swear an oath to tell the truth, and a questioner asks you a series of questions modeled on a deposition. The insurer uses it to investigate before deciding your claim.

Is it the same thing as a deposition?

Not exactly, but it is built to work like one. It is a quasi-legal proceeding rather than a court proceeding, held by the insurer, with a court reporter present and testimony given under oath.

Do I have to have a lawyer with me?

You are not required to bring one, but it is strongly advised. The insurer's representative will have an attorney present, and neither of them has your interests at heart. Having your own counsel in the room changes what the insurer can get away with asking.

What can my attorney actually do during the examination?

Your attorney cannot assist with your answers, since the testimony has to be yours. What your attorney can do is prevent improper questions and identify anything the insurer or its counsel does that is not above board.

Why is the insurance company asking for this?

It is a routine part of the insurance world rather than a sign that something is wrong with your claim. The examination lets the insurer investigate and collect all the information it wants in hand before it makes a determination. The transcript then becomes part of the claim file it decides on.

How should I prepare?

Review the facts of your claim and the documents you submitted, and go in knowing what the insurer is likely to ask about. If you prepare adequately for the questions, the examination is generally not a strenuous ordeal.

What does it cost to have you represent me at one?

The initial consultation and case evaluation are free. Contact us as soon as you have a date, because the value of counsel here is largely in the preparation beforehand. Calling the week of the examination leaves far less room to get you ready than calling when the notice arrives.

Do I Need An Attorney?

You are not required to have an attorney present at an examination under oath, but it is strongly advised to have one. Even though an attorney cannot assist your answers, but they can prevent bad questions. The insurer’s representative will have an attorney, but neither individual has your interest at heart. An attorney will be able to spot if your insurer or insurer’s attorney is doing anything that isn’t strictly above board. Contact us today for a free consultation and case evaluation.

Ready to talk to an attorney about your insurance litigation matter?

Get a free, confidential case review, no cost, no obligation.

Call (215) 545-8500
Website by WorkspaceCMS.ai