If you are in an automobile accident and file a claim under your personal injury protection benefits (PIP), your insurance company may require a few things from you before they begin making or continue making payments under your PIP benefits. Florida Statute § 627.736 allows insurance companies to do this. Once you file a claim for PIP benefits, you may receive a request from your insurance company to do one, or multiple, things before they will pay for your medical expenses under your claim. Some of these requests are, but not limited to, recorded statements, examinations under oath (EUO), and mental or physical examinations.
The most common request from an insurance company is a recorded statement. During these recorded statements, the adjuster for the insurance company will ask a variety of questions surrounding the accident and your treatment and injuries. Questions that may be asked include: “How did the accident occur?”, “What are your injuries?”, and “What providers are you currently treating with?” It is important to answer these questions accurately and honestly. Answers to these questions will allow the adjuster to learn more about the accident itself and your injuries.
Another type of examination that can be requested by an insurance company is an examination under oath (EUO). A EUO is very similar to a recorded statement in the sense that there will be a representative from the insurance company asking you questions surrounding the accident and your injuries. There are typically 3-4 parties present at a EUO. They include: the insured, the insured’s attorney if they have one, a representative from the insurance company, and a court reporter. The court reporter will swear you in prior to the examination beginning and will record all questions and answers. Again, it is very important, as you are under oath, to be as honest and as accurate as you can be with your answers. Thus, if you do not know the answers to something, you should indicate that you do not know or cannot remember.
Finally, an insurance company may require you to undergo an independent medical or mental examination. The insurance company will hire a doctor and require you to present to that doctor’s office for a medical examination. The doctor will then examine you, write a report, and present that report to the insurance company. The doctor will typically note in their report whether or not they believe your injuries are a result of the motor vehicle accident, and whether or not they believe future treatment is warranted. At these examinations, it is very important to report all current pain and injuries as they will be included in the doctor’s report. You do not want anything left out. Keep in mind, these doctors are hired and paid for by the insurance company. They are there only to examine you and will not make any recommendations as to your injuries and treatment.
Being required to undergo any sort of examination by an insurance company can be an intimidating process. To protect yourself and ensure the best outcome for your personal injury case, it is important to hire an experienced, aggressive attorney, who will stand up to the insurance companies and fight for you. If you find yourself in this situation, call Dennis Hernandez & Associates, P.A. today and let us help you ensure the best outcome for your personal injury case.
Contact Dennis Hernandez & Associates, PA at (855) LAW-DENNIS or for more information visit www.dennishernandez.com if you or a loved one is seeking advice from a personal injury attorney in Tampa Fl.
