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Must You Submit To An Examination Under Oath If Injured In An Auto Accident:
Recent changes in Florida’s no-fault or PIP law permits insurance companies to require an insured individual injured in an automobile accident to attend an examination under oath prior to receiving insurance benefits.
The examination under oath permits the insurance company to determine whether coverage applies and whether potential defenses exist which might permit the carrier to avoid making payments. Such examinations are usually held over the telephone, and I always insist that I be present with the client when the examination is conducted.
A 2013 decision makes clear that such examinations may be required prior to the payment of benefits. If the insured fails to appear, the insurance company may be excused from paying benefits.
However, in some instances the insured’s refusal to attend may be justified or excused if the conditions imposed by the insurance company are onerous or unreasonable.
If you or a loved one is injured in an automobile accident, you should consult with an experienced personal injury attorney prior to undergoing an examination under oath. I personally represent those injured in automobile or motorcycle accidents caused by the negligence of another driver.
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