Understanding an examination under oath
An examination under oath is a formal insurance interview in which you answer questions under oath, usually with a court reporter making a record. The request often arises from the insurance policy rather than a lawsuit. I would review the notice and policy before the scheduled date so that you understand what is being requested and how to respond.
Receiving a notice does not establish that you did anything wrong. It means the insurer wants sworn information relevant to its investigation. The appropriate response depends on the coverage involved and the wording of the request. In a personal injury matter, the request may concern benefits or the circumstances of the collision.
Careful preparation helps you protect your coverage and explain the facts accurately. That begins with identifying the insurer's asserted authority, the subjects to be covered and any documents it wants you to supply.
How it differs from a recorded statement
A recorded statement is commonly taken by an adjuster, sometimes over the telephone. An examination under oath generally involves more formal questioning and a transcript. A deposition is also sworn testimony, but it occurs within litigation under the applicable discovery rules. These procedures should not be treated as interchangeable.
The insurer's attorney represents the insurer. You can seek advice from your own counsel about preparing and attending. The extent of questioning and the way objections are handled may differ from a deposition, so counsel should explain the actual procedure rather than assume ordinary courtroom rules will apply in precisely the same way.
Questions may address who lived in the household, how a vehicle was used or what happened during the incident. The relevant subjects depend on the claim. Before the examination, I want to understand the coverage issue the insurer is investigating so that the preparation is directed to the real questions.
Reviewing the policy and the request
Insurance policies often require cooperation, and failing to respond to a proper request can create a coverage dispute. The consequences are not identical in every case. The contract, governing law and circumstances of the response must be considered. An insurer's demand is therefore something to address, not simply leave unanswered.
The New Jersey decision in Jallah discusses examinations in the PIP context and illustrates why the source and scope of the request matter. A general statement that an insurer can ask anything it wants would be too broad. The review should focus on the applicable policy and the kind of benefits being sought.
If you cannot attend on the proposed date, communicate through counsel and seek an agreed alternative. Keep the correspondence showing what was requested and how you responded. Addressing the problem before the appointment is more useful than trying to explain an unexplained absence afterward.
Handling the document request
Read the requested categories carefully. Some records may be readily available, while others may be held by an employer or provider. Tell counsel what you have and where the remaining information might be obtained. Do not assume that an unavailable document can be replaced with an estimate or a newly created version.
Financial and medical requests deserve particular attention because they can contain sensitive information. Counsel can evaluate relevance, confidentiality and appropriate objections. That review should preserve legitimate cooperation while addressing requests that need clarification or a narrower scope.
Keep existing records intact. If there is a missing document, explain the problem honestly. If an answer depends on a record that has not yet arrived, that is useful information for the preparation. The process should distinguish what you know personally from what the documents may later establish.
Preparing to give accurate testimony
I would review the timeline and earlier statements with you so that unfamiliar dates or wording do not become unnecessary sources of confusion. Reviewing a document may refresh a memory, but it does not give you personal knowledge of something you never observed. That distinction should remain clear in the testimony.
Answer the question you understand. If the wording is unclear or combines several subjects, ask for clarification. It is appropriate to say that you do not remember an exact date when you do not. A reasonable estimate should be identified as an estimate, with its basis explained if asked.
Symptoms can change over time. An early description made immediately after a collision may not capture everything that developed later. Explain the progression accurately rather than feeling compelled to repeat an incomplete description. The medical timeline and your actual experience should be reviewed together.
What happens afterward
The insurer may request additional information or make a coverage decision after the examination under oath. Keep any follow-up letter and send it to counsel promptly. A new request should be reviewed on its own terms, including the response date.
Ask how the transcript will be handled and what procedure applies if an error needs to be identified. Corrections should be accurate and transparent. They should not be used to replace truthful testimony with a more convenient answer. If a record has been misunderstood, counsel can help explain the proper way to address it.
The broader injury claim may continue while a benefit or coverage question is being reviewed. Those issues should be coordinated so that an answer in one file is not taken out of context in another. Bring the complete notice, the policy information you have and any deadline to the initial discussion. That provides a concrete starting point for protecting your rights and responding appropriately.
Sources and Further Reading
About Michael B. Fusco
Michael B. Fusco is a New Jersey personal injury attorney certified by the Supreme Court of New Jersey as a Civil Trial Attorney. Read Mike’s biography and credentials.
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General Information
This article provides general information, not legal advice for a particular situation. Laws and policy terms must be applied to the actual facts. Reading this article or contacting the firm does not, by itself, create an attorney-client relationship.