PIP Examination Under Oath in Florida: What It Is, Whether You Must Go, and What to Do If You’re Denied

A letter arrived from a law firm hired by your auto insurer. It demands that you appear on a certain date to answer questions under oath, and that you bring documents. Or you’ve already been told your PIP claim is denied because you didn’t appear.

Do you have to attend a PIP examination under oath in Florida? For most current policies, yes. Since January 1, 2013, section 627.736(6)(g), Florida Statutes, makes complying with a policy’s EUO requirement a condition of receiving PIP benefits. Missing an EUO can cost you the entire claim, not just future treatment. The law also limits the insurer. Questions must be limited to relevant information, and the policy itself has to require the EUO.

I’m Alexander Licznerski. I prepare clients for EUOs, attend with them, and challenge denials when insurers misuse the process.

“The Insurance Company Wants to Depose Me”: What an EUO Is

An examination under oath is a recorded question-and-answer session, much like a deposition. A lawyer hired by your insurance company asks the questions. A court reporter swears you in and records every word, and a transcript is prepared afterward.

It is not a lawsuit, and you are not being sued. It is not a medical exam either; that’s an IME, which is a different requirement with different rules. An EUO is part of the insurer’s investigation of your claim, and your sworn answers can be used to deny it.

The notice may call it an “examination under oath,” “EUO,” “sworn statement,” or “recorded statement under oath.” It usually comes from a law firm, not the adjuster. It typically lists a date, time, and location, plus a list of documents to bring.

Why Insurers Ask for EUOs, and What Florida Law Allows

Am I being accused of fraud? Not necessarily. Insurers use EUOs to confirm the facts of a claim: who was in the car, where the car is garaged, who lives in the household, how the accident happened, and what treatment you received. Some insurers request EUOs far more often than others, regardless of the claim. That said, an EUO is an investigation, and you should treat it seriously.

What the law says. Section 627.736(6)(g) provides three rules:

Rule	What it means
Anyone seeking PIP benefits must comply with the policy’s terms, including an EUO	This covers the named insured and other people claiming under the policy, such as household members and passengers
Compliance is a condition precedent to receiving benefits	Failing to comply can defeat the whole claim, not just later treatment
Questioning is limited to relevant information, or information reasonably expected to lead to it	The EUO is not a license to explore unrelated parts of your life

There is also a check on abuse. An insurer that, as a general business practice, requests EUOs without a reasonable basis is subject to the unfair-trade-practices provisions of the insurance code.

Two limits that matter in real cases:

• The policy must actually require it. The statute enforces the policy’s terms. Florida courts have refused to enforce an EUO demand when the PIP portion of the policy didn’t provide for one. Always check the actual policy language.
• Older policies follow older law. In Nunez v. GEICO General Insurance Co. (Fla. 2013), the Florida Supreme Court held that before the 2013 amendment, insurers could not make an EUO a condition precedent to PIP benefits. Claims under policies issued before January 1, 2013 are rare now, but they still come up.

Before Your EUO: How to Protect Your Claim

Do not ignore the notice, and do not simply skip it. Because an EUO is a condition precedent, a no-show is the fastest way to lose an entire PIP claim.

1. Read the notice the day it arrives. Note the date, location, and the document list. Put the date in your calendar.
2. If the date or place doesn’t work, ask to reschedule in writing, before the date, and keep a copy. Offer alternative dates. An ignored, documented reschedule request is strong evidence later.
3. Talk to a lawyer before you go. Florida PIP law does not bar you from bringing counsel, and you should. A lawyer can object to irrelevant questions and overbroad document requests, and can make sure the record is accurate.
4. Gather the documents, but get them reviewed first. Typical requests include your license, registration, policy, lease or proof of residence, photos, medical bills, and sometimes tax returns or bank records. Some requests may be overbroad. Don’t refuse on your own; have it addressed properly.
5. Expect it to take time. EUOs can run from under an hour to several hours, depending on the insurer and the claim.
6. Tell the truth, and only what you know. Short, accurate answers. “I don’t know” and “I don’t remember” are acceptable when true. Don’t guess about dates, speeds, or distances. Inconsistent answers, not honest gaps, are what insurers use to deny claims.
7. Ask for the transcript. You’ll want to review it for errors.

Missed Your EUO, or Denied After One?

Denied for failure to appear

This is the most common EUO denial letter. Because attendance is a condition precedent, insurers often deny the entire claim, including treatment before the EUO date. That makes these denials worth examining closely. The facts around the notice and the scheduling often decide the case.

What I check first:

• Does the policy actually require an EUO for PIP claims? If the PIP section doesn’t provide for one, the statute’s condition precedent may not apply.
• Policy date. Was the policy issued before January 1, 2013? If so, Nunez may bar the denial.
• Notice. Was it sent to your correct address? Did it arrive in time? Was it sent to your lawyer if you had one?
• Reschedule requests. Did you or your provider ask to reschedule, and did the insurer respond?
• Location and timing. Was it scheduled somewhere or at a time that made attendance unreasonable?
• Who was asked to appear. Was the person summoned actually someone seeking benefits under the policy?
• Reasonable basis. Was there any reason for the EUO, or does this insurer demand them routinely?

Denied after attending

Sometimes the insurer holds the EUO, then denies the claim based on your testimony. Common examples are “material misrepresentation” about a household member or garaging address, or an alleged inconsistency about the accident. These denials turn on the transcript. Get it, read it against the denial letter, and have both reviewed. A misstatement has to be material to justify a denial, and insurers sometimes stretch minor inconsistencies.

If an EUO was requested but not yet held

Payment deadlines don’t disappear because an EUO is pending. If the insurer suspects fraud, it must notify you in writing within 30 days of the claim. It must then pay or deny within 90 days of the claim, with interest if it pays. Insurers that use EUOs to stall indefinitely may be violating those deadlines.

What to Do Now

Florida’s PIP statute has no formal appeal of an EUO denial. The legal path is a statutory pre-suit demand letter under section 627.736(10). The insurer then has 30 days to pay with interest and a penalty, after which the dispute can go to county court. If your EUO hasn’t happened yet, the most valuable step is preparing for it properly.

If you’re the patient

If you have an EUO notice, call before the date. I’ll review the notice, the document list, and your policy, and I can attend the EUO with you. If you’ve already been denied, send me the denial letter and the EUO notice. If you attended, include the transcript.

Get help with your EUO. Send a photo of the EUO notice or denial letter. I’ll review it myself and call you back, usually the same business day. Call or text 813-934-3519 or fill out our online contact form.

If you’re a medical provider or billing team

An EUO no-show denial can erase every bill for a patient, past and future, in a single letter. I represent the patient, not the practice. The assignment for the disputed claim is revoked, the patient brings the claim, and where the law allows, the insurer pays the legal fees. Your practice does not.

Your front desk is often the first to hear about an EUO notice. A simple step helps: when a patient mentions one, suggest they don’t ignore it and that they get it reviewed before the date.

Request a free 90-day denial audit. Send a de-identified list of EUO denials from the last 90 days with insurer, date, and amount. Within a week, you’ll get a short written assessment of which look challengeable. Call 813-934-3519 or fill out our online contact form.

If you’re a personal injury attorney

The PIP EUO transcript is sworn testimony about the accident, the injuries, and prior conditions. The bodily injury defense may get it. Having PIP counsel at the EUO protects the injury case as much as the PIP claim. I handle the PIP side only. I put a written non-solicitation commitment on every referral, and your client stays your client.

Refer an EUO or EUO denial. Send the notice or denial letter. You’ll get a straight answer quickly, usually within two business days, and faster if the EUO date is close. Call 813-934-3519 today.

Treatment, Bills, and Who Pays the Lawyer

You can keep treating. An EUO notice or denial is a payment dispute, not a medical decision. Ask your provider how they’ll handle bills while it’s pending. Medical payments coverage, health insurance, or the at-fault driver’s coverage may help in the meantime.

Who pays the lawyer. HB 837 (2023) ended the one-way fee statute that once made insurers pay the claimant’s lawyer in most PIP suits. An EUO no-show denial often denies the entire claim. When the insurer has totally denied coverage, I may bring a declaratory judgment action under Chapter 86, where section 86.121 lets the court award the insured’s attorney’s fees against the insurer. Courts disagree about what counts as a total denial, especially if some bills were paid first, and no Florida appellate court has settled it. I check the payment history up front and tell you plainly where your claim stands. If I attend an EUO with you before any denial, I explain the fee arrangement in writing before you sign anything.

PIP Examination Under Oath FAQ

What is an examination under oath for car insurance?

A recorded, sworn question-and-answer session conducted by a lawyer for your insurer, with a court reporter present. It’s part of the insurer’s investigation of your claim.

Do I have to attend an EUO for PIP in Florida?

For policies issued on or after January 1, 2013 that include an EUO requirement, yes. Compliance is a condition of receiving PIP benefits. Questions must be limited to relevant information.

Am I being accused of fraud?

Not necessarily. Some insurers request EUOs routinely to verify facts like household members and garaging address. Treat it seriously either way.

Do I need a lawyer for an EUO?

You aren’t required to have one, but you should. A lawyer can object to irrelevant questions and overbroad document requests, and protects both your PIP claim and any injury case.

Can I reschedule my EUO?

You can ask. Do it in writing, before the date, with alternative dates, and keep a copy. A documented request matters if the insurer later claims you failed to appear.

What questions are asked at an EUO?

Usually your background, household, vehicles, where the car is kept, how the accident happened, your injuries, prior injuries, and treatment. Questions must be relevant to the claim.

How long does an EUO take?

It varies, from under an hour to several hours, depending on the insurer and the claim.

What happens if I miss my EUO?

The insurer may deny the entire PIP claim. Whether that denial holds up depends on the policy language, the notice, rescheduling efforts, and the circumstances. Get it reviewed.

Do passengers have to attend EUOs?

Anyone seeking PIP benefits under the policy, including passengers and household members, must comply with the policy’s EUO requirement.

Does it cost anything to have my EUO notice or denial reviewed?

No. Send it to me and I’ll review it at no charge.

Get Your EUO Notice or Denial Reviewed

An EUO is the one PIP requirement where a single missed date can cost you the whole claim. It’s also one where a lawyer in the room makes the biggest difference.

If you are…	Send me	You get
A patient with an EUO notice, or an EUO denial	The notice or denial letter, plus the transcript if you attended	A free review and a personal call back from Alexander
A medical practice or billing team	A de-identified list of EUO denials from the last 90 days	A free written denial audit
A personal injury attorney	The EUO notice or denial letter	A fast answer, plus a written non-solicitation letter

Call or text 813-934-3519, or email [email protected]. Serving Hillsborough, Pinellas, Pasco, Hernando, Citrus, Sumter, Polk, Manatee, and Sarasota counties from Oldsmar.

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This page provides general information about Florida law and is not legal advice. Every case depends on its facts. Contacting the firm does not create an attorney-client relationship.