Examination under oath
Sworn questioning a first-party insurer can require of a policyholder under the policy itself, separate from any lawsuit.
Collision Bureau is not a law firm and this is not legal or medical advice. It is general information about what happens after a crash. For advice on your situation, talk to an attorney licensed in your state or a treating clinician.
What it means
An examination under oath is a sworn, on-the-record interview that an insurer can require of its own policyholder under the terms of the policy. The policyholder appears, takes an oath, and answers questions from an attorney the insurer has designated. A court reporter records every word. The transcript becomes part of the claim file.
The authority for the examination comes from the policy itself, in a cooperation clause or a dedicated examination-under-oath provision. The policy obligates the policyholder to appear, to answer under oath, and to produce documents the insurer requests, within the limits state law places on all of that.
How it works
The insurer sends written notice of the examination with a date, a time, a location, and a list of documents to bring. The examination usually happens at the insurer's attorney's office, in a conference room, with the policyholder, the policyholder's attorney if they have one, the insurer's examining attorney, and a court reporter. The questions run through the subject matter of the claim: how the loss happened, who was present, what records exist, and what representations have been made in the application and the loss notice.
The transcript gets prepared, the policyholder has a chance to review it under state rules, and the insurer continues its claim decision from there. Nothing about the examination resolves the claim one way or the other. It is an information-gathering step the policy lets the insurer take.
Why it comes up
Examinations under oath appear mostly on first-party claims where the insurer has questions it wants answered under oath before paying. Uninsured and underinsured motorist claims, personal injury protection claims, and property claims with coverage questions are common settings. An examination often appears alongside a reservation of rights letter, because the two tools serve related purposes: preserve the insurer's position and build the record while the file is being decided.
What it is not
An examination under oath is not a deposition. A deposition is a discovery tool inside a lawsuit, with both sides represented. An examination under oath happens before any lawsuit, under the policy, and only the insurer asks questions. It is also not an independent medical examination, which is about physical condition, not about the facts of the claim.
Questions people actually ask
01Do I have to attend an examination under oath?
Most auto and homeowner policies include a cooperation clause that lets the insurer require an examination under oath on a first-party claim. Failing to appear can, in many states, allow the insurer to deny the claim on the policy itself. The scope of what can be asked, and what counts as sufficient cooperation, is governed by state law and by the policy language. What applies to your file is a question for an attorney licensed in your state.
02Can I bring an attorney?
Yes, and many people do. The attorney is there to make sure the examination stays within the scope the policy allows, to note objections, and to review the transcript afterward. The insurer's attorney, or an outside attorney it has retained to take the examination, runs the questioning. Communications with your own attorney before and after the examination are protected, and the attorney's role at the examination is defined by state rules on insurer examinations.
03How is an examination under oath different from a deposition?
A deposition happens in a lawsuit, under rules of civil procedure, with each side having a lawyer and the right to question. An examination under oath happens under the policy itself, before any lawsuit, and only the insurer asks questions. The oath is the same. The settings and the legal rules around them are different, and so are the consequences of refusing to appear.