Recorded statements and EUOs are different
| Recorded statement | Examination under oath | |
|---|---|---|
| Who asks | An adjuster, often by phone | The insurer’s lawyer, in person or by video |
| Under oath? | No | Yes, with a court reporter |
| When | Early, often within days of the crash | Usually when the insurer suspects a problem |
| Typical focus | How the crash happened, injuries, treatment | Residency, household members, vehicle ownership, garaging, prior injuries, work history |
What the law says about EUOs
The no-fault act does not mention EUOs for ordinary PIP claims. In Cruz v State Farm (July 17, 2002), the Michigan Supreme Court held that EUO provisions may be included in no-fault policies but are enforceable only to the extent they do not conflict with the act. An EUO may be used to get information about the fact and amount of your loss. It cannot be used to avoid the insurer’s duty to pay within 30 days of reasonable proof or to avoid penalties for late payment.
The Court of Appeals repeated that limit in Gueye v State Farm (2022), a published decision, and held that EUO and medical exam requirements are an enforceable condition of suing for uninsured and underinsured motorist benefits, because those benefits are governed by the policy rather than the statute. If you are also making a UM claim, skipping an EUO can defeat it. See uninsured and underinsured drivers.
For claims through the Michigan Assigned Claims Plan, MCL 500.3173a makes attending an EUO part of the claimant’s duty to cooperate. You are presumed to have cooperated if you attend an EUO scheduled on at least 21 days’ notice at a reasonably convenient place, and benefits are suspended while you fail to cooperate.
Why insurers schedule an EUO
Most EUOs are about the application, not the crash. The insurer is looking for a material misrepresentation that would let it rescind the policy: an unlisted driver in the household, a car garaged at a different address, or a business use. Under Sherman v Progressive (April 20, 2026), misrepresentations like these can support rescission whether or not they were intentional. See fraud claims and policy rescission.
Insurers also use EUOs to compare your sworn answers with medical records, social media and surveillance. Inconsistencies, even innocent ones, become the basis for a fraud defense.
How to prepare
- Ask for the request in writing, with the date, place and the documents the insurer wants.
- Review your own records first: your insurance application, declarations page, prior claims, medical history and work records.
- Know your household: everyone who lived with you on the crash date and every vehicle they owned or drove.
- Answer only what is asked. If you do not know or do not remember, say so. Do not guess at dates or numbers.
- Correct mistakes on the record. If you realize an answer was wrong, fix it before the EUO ends or in writing afterward.
- Get the transcript. Ask for a copy and read it for errors.
You may bring a lawyer to an EUO. Given what is at stake, you should. For recorded statements, see what not to say to an adjuster.
Never give a recorded statement to the at-fault driver’s insurer without advice. That insurer has no duty to pay you PIP and is building its defense to your injury claim.
Sources: MCL 500.3142; MCL 500.3173a; Cruz v State Farm Mut Auto Ins Co (Mich. Sup. Ct., July 17, 2002); Gueye v State Farm Mut Auto Ins Co (Mich. Ct. App., Sept. 22, 2022); Sherman v Progressive Mich Ins Co (Mich. Sup. Ct., Apr. 20, 2026).
Questions people ask us
Do I have to give a recorded statement to the insurance company?
You must cooperate with your own insurer’s reasonable requests for information about the claim. You do not have to give a recorded statement to the at-fault driver’s insurer. Before any recorded statement, gather the facts and, if the claim is significant, talk to a lawyer.
What is an examination under oath?
It is a formal interview by the insurer’s lawyer, under oath, with a court reporter. It is like a deposition, except no lawsuit has been filed. Your answers can be used to deny the claim or to seek rescission of the policy.
Can my insurer refuse to pay PIP because I did not attend an examination under oath?
Not automatically. In Cruz v State Farm (2002), the Michigan Supreme Court held that an EUO clause in a no-fault policy is enforceable only to the extent it does not conflict with the no-fault act. It cannot be used to avoid prompt payment. For claims through the Michigan Assigned Claims Plan, attending an EUO is a statutory duty.