Do Insurance Companies Hold The Examination Under Oath?

Legally, the victim of an accident has the right to seek a fair compensation for any damages or injuries. An insurance company supplies that compensation in the form of benefits. Still, an insurer does not always agree to provide such benefits, until the company has gotten the results from a specific type of examination.

The nature of the examination that might be requested by an insurer

The insurance company asks that the person it wants to examine first take an oath. The person that delivers that same oath has been injured in an accident. Having sustained an injury, the person that will be examined has the right to go after specific benefits. A victim’s willingness to be examined under oath helps to ensure the victim’s receipt of those same benefits.

The paperwork that needs to be completed before the examination

What takes place under oath might be described as an oral exam. Before it begins, the insurance company seeks written answers to a series of questions. Most of them are quite simple questions.

For example, the accident victim will be asked to prove his or her identity. At the same time, the person that has offered evidence of his or her identity will be asked to give a home address. Finally, the presentation of that same address normally gets followed by one further question. That question seeks to uncover any other information that might facilitate the processing of the filed claim.

The bulk of that added information should include facts on the circumstances of the accident. By the same token, it should make it possible for updates on the legal process to be sent to the proper address. If the plaintiff lives at one address but gets mail at a different address, then the insurance company ought to be alerted to that particular fact.

Restrictions that the legal system has placed on the insurance company

Unlike the independent medical exam, where the insurance company determines the place and time of that physical examination, the accident victim has a say in when and where he or she has agreed to speak under oath. The insurer must seek to set a date, time and location that match with the victim’s schedule.

Once a suitable time and location have been chosen, the insurer cannot simply call the victim, or the victim’s lawyer, and offer details on the time and location. Instead, the insurer must send them a written notice. Indeed, the insurance company should have the correct mailing address.

The final restriction serves to protect the victim. The person that will be examined does not have to enter the examining room unaccompanied. An injury lawyer in Oakville can serve as the victim’s representative. Having taken on the role of a representative, the injury lawyer can make sure that all of the questions relate to the victim’s benefits, and the extent to which the victim has a right to claim each one of them.