Examinations Under Oath (EUO)

An examination under oath is sworn questioning the mandatory no-fault endorsement lets the insurer require: on request you must "as may reasonably be required submit to examinations under oath by any person named by the Company and subscribe the same" (11 NYCRR 65-1.1). The insurer may demand an EUO only on objective standards giving specific objective justification, must hold it at a place and time reasonably convenient to you, and must say when scheduling it that lost earnings and reasonable transportation expenses will be reimbursed (11 NYCRR 65-3.5(e)). Full compliance with the coverage's terms is a condition precedent to suing the insurer (11 NYCRR 65-1.1).

Missing an EUO can cost you the claim. Compliance with the coverage's terms is a condition precedent to suing the insurer (11 NYCRR 65-1.1), and the Second Department treats failure to appear for a properly demanded EUO as a material breach that precludes recovery (Interboro Ins. Co. v Clennon, 113 AD3d 596 (2d Dept 2014)). The insurer still carries the proof; in Clennon it showed two proper demands, two non-appearances and a timely denial. If the demand lacked objective justification, was set at an unreasonable place or time (11 NYCRR 65-3.5(e)), or was never properly mailed, contest the denial in arbitration or court. Ask at once to reschedule.

Expect questions aimed at proof of claim: how the accident happened, who was in the vehicle, your injuries and symptoms, where you treated and what was done, prior accidents and injuries, your work and lost time, and your insurance and household. The regulation ties the EUO to proof of claim and requires specific objective justification for demanding it (11 NYCRR 65-3.5(e)). Answer truthfully and only what is asked. Bring identification, a list of treating providers and wage records. The insurer must reimburse lost earnings and reasonable transportation costs (11 NYCRR 65-3.5(e)), and you will be asked to sign the transcript (11 NYCRR 65-1.1).

Yes, within limits. The endorsement obliges you to submit to examinations under oath "as may reasonably be required" (11 NYCRR 65-1.1), so a second examination is permitted when reasonably required. Each demand must rest on objective standards with specific objective justification, and each session must be at a place and time reasonably convenient to you, with lost earnings and transportation reimbursed (11 NYCRR 65-3.5(e)). Insurers are also told not to demand verification without good reasons and to complete it expeditiously (11 NYCRR 65-3.2(c)). A repeat demand that serves no verification purpose can be challenged as unreasonable in arbitration or court (Insurance Law § 5106(b)).

You may bring your attorney; claimants' attorneys attend as a matter of course and insurers expect them. The regulations do not bar counsel; they require the insurer to hold the examination at a reasonably convenient place and time and to reimburse your lost earnings and transportation costs (11 NYCRR 65-3.5(e)). Your attorney prepares you for the subject areas, checks whether the demand and scheduling followed the regulation, and objects on the record to questions unrelated to proof of claim. The transcript becomes evidence, and you must subscribe it (11 NYCRR 65-1.1). Bring the scheduling letter so counsel can check the date, time, place and mailing.