Auto Insurance Claims: Insured Driver wasnt driving!, insurance fraud investigators, minor discrepancies

Question
My car was hit on 2/12. The driver of the car wasn't the insured owner but had permission to drive the car. And the driver and the owner don't stay at the same address. The insurance company send out an appraiser and give me a estimate. But i have to go the offices to undergo Examination under Oath. What are the insurance company trying to do? Are they going to fix my car? Do it have to be a special reason why the driver was driving with the owners permission? Im so lost and help!!!!

Answer
Hello,

From my experience, examinations under oath (EUO) should cause concern. It appears there are facts that the insurance company is questioning about the accident. EUOs are commonly used by the insurance fraud investigators (SIU). Since I don't know all the details, I cannot tell you what is in question, but something apparently has caused a red flag.

I commonly recommend taking an attorney to the EUO because everything you say can be held against you. Unlike criminal cases where one is arrested, he is Mirandized and given their rights, the civil procedure does not require it. The rules are still the same.

There may be just some minor discrepancies, or it could be much more. I am not trying to instill fear into you, but for the average person to go to an EUO unrepresented, is like leading the sheep to slaughter. Commonly, these involved a seasoned attorney and a special investigator (ex-cop)and they are there to intimidate you.

I hope every thing works out for you.

Rob