What Is an EUO and What Is a Recorded Statement? Florida Rules and Your Rights
Written and reviewed by Daniel B. Reinfeld, Esq. | Last updated October 26, 2026
An EUO, or examination under oath, is a sworn interview that your own insurance company can require under your policy or the PIP statute. A recorded statement is an informal, recorded interview taken by an insurance adjuster, usually by phone. You can be required to attend an EUO, and refusing can cost you your benefits. You generally have no duty to give a recorded statement to the other driver's insurer.
What is an EUO?
An EUO is a formal, sworn question-and-answer session between an insurance company and its own policyholder. A lawyer hired by the insurer asks the questions, a court reporter takes an oath and records everything, and the transcript becomes part of the claim file. It happens before a lawsuit and outside any court.
It is not a deposition. No judge supervises it and Florida Rule of Civil Procedure 1.310 does not govern it. The source of the obligation is your insurance contract, and in a PIP claim the statute. My article on what a deposition is in Floridaexplains the court-controlled version.
Can an insurance company force you to attend an EUO in Florida?
Yes, when your policy or the PIP statute requires it, and refusing can end your claim. Section 627.736(6)(g), Florida Statutes, provides that a PIP insured must comply with the terms of the policy, "which include, but are not limited to, submitting to an examination under oath." The statute adds that compliance "is a condition precedent to receiving benefits."
In a first-party property claim, such as a hurricane or water damage claim, the EUO requirement is in the policy. Florida courts treat a failure to submit as a breach of the policy. In Stringer v. Fireman's Fund Insurance Co., 622 So. 2d 145 (Fla. 3d DCA 1993), the court held that failing to submit to an EUO was a material breach justifying denial. In Goldman v. State Farm Fire General Insurance Co., 660 So. 2d 300 (Fla. 4th DCA 1995), the court held the insurer need not show it was prejudiced, and it distinguished an EUO from a deposition because an insured in an EUO has a duty to volunteer information.
PIP law has its own history. In Nunez v. GEICO General Insurance Co., 117 So. 3d 388 (Fla. 2013), the Florida Supreme Court held that an EUO condition in a pre-2013 PIP policy was unenforceable under the statute as it then read. The Legislature then wrote the requirement into section 627.736(6)(g), effective January 1, 2013. For current PIP claims, attendance is a statutory condition precedent.
Can your lawyer attend an EUO?
Yes. A policyholder may bring an attorney to an EUO, and I recommend it every time. The attorney does not have the tools available at a deposition, and the insurer's lawyer controls the questioning, but your attorney can keep the examination within its proper purpose, object to improper questions, and protect you from answering what you do not know.
Before the EUO, your lawyer reviews the demand letter, confirms the date, place, and scope in writing, and gathers the documents the insurer requested. Insurers often ask for documents with an EUO notice, and the demand should be answered in writing, not ignored. Your lawyer also asks for a copy of the transcript and any recording afterward. The PIP statute does not address whether the insured can record an EUO, so ask in writing before the date.
What happens at an EUO?
You are sworn, then questioned for as long as the insurer's lawyer needs. Expect questions about the loss or accident, your background, your finances in a property claim, your medical history and treatment in a PIP claim, prior claims, and every document you produced. Questions are usually broad and can last hours.
The oath is real. A knowingly false answer carries perjury exposure, and an inconsistent answer is used to deny or limit the claim. The best preparation is to review your records with your lawyer, answer only what is asked, and say "I don't know" or "I don't recall" when that is true. Do not guess dates or amounts.
What distinguishes an EUO from a deposition is the duty of candor to your own insurer. In Goldman, the court noted that an insured has a duty to volunteer information in an EUO. That does not mean you should ramble. It means you cannot hide facts the insurer needs, and your lawyer should discuss where that line falls before you go.
What is a recorded statement?
A recorded statement is an interview, usually by phone, in which an insurance adjuster asks you questions about an accident or loss and records the answers. It is not under oath and no court reporter is present. The adjuster controls the questions and, in practice, the recording.
Both your own insurer and the other party's insurer ask for them. The purpose is to lock in your account early, before you have seen a doctor, learned the extent of your injuries, or spoken to a lawyer.
Do you have to give a recorded statement?
To your own insurer, you owe cooperation under your policy. To the other driver's insurer, you owe nothing. That insurer represents the person who may be responsible for your injuries and is looking for ways to reduce what it pays. Refusing its request has no legal penalty, and a polite "please direct all communication to my attorney" ends the call.
For your own insurer, the cooperation clause usually allows a statement about the accident facts, and it is reasonable to provide one with your lawyer's involvement. A recorded statement to your own insurer is not an EUO, and the cooperation clause is not a license to question you about everything the insurer wishes. Have your lawyer arrange the terms: the date, the scope, and a copy of the recording.
If you gave a statement already, you can ask for a copy. Florida discovery rules, including Rule 1.280, generally allow a party to obtain a copy of their own prior statement in a lawsuit, and your lawyer will request it.
How can a recorded statement hurt your claim?
A recorded statement can hurt you in four ways. It locks in your first description of the accident, often given while you are in pain, medicated, or confused. It asks about your injuries before you know what they are, so "I'm fine" or "just a little sore" becomes the headline. It invites you to estimate speed, distance, or time, and those guesses become fault arguments. And it asks about prior injuries and activity in a way that can make a pre-existing condition look like the whole story.
The fault point matters more since Florida adopted modified comparative negligence in 2023. A plaintiff more than 50 percent at fault generally recovers nothing, so a careless sentence about speed, lookout, or a phone can cost the whole case. My article on what a plaintiff is in Florida explains the rule.
Statements you make can be used against you. A recorded statement is evidence the insurer holds, and a party's own earlier statements are routinely used to impeach them at deposition and trial. Do not assume that because the adjuster was friendly, the recording is harmless.
EUO versus recorded statement: what is the difference?
An EUO is sworn, formal, transcribed by a court reporter, run by the insurer's lawyer, and compulsory when the policy or PIP statute requires it. A recorded statement is unsworn, informal, taken by an adjuster, and optional against the other side's insurer.
An EUO can end a claim if you refuse. A recorded statement to the other driver's insurer cannot. An EUO happens with notice, documents, and time to prepare. A recorded statement often arrives as a surprise phone call a few days after the crash. For the broader picture of what to do after a crash, read what to do after a car accident in Florida.
What should you do if an insurer asks for either one?
Do not answer on the spot. For an EUO demand, read the letter, note the date and documents requested, and call a lawyer the same day, because a missed date can be treated as a refusal. For a recorded statement request, say you will have your attorney contact them, and then do exactly that.
Write down who called, when, and what they asked. Keep every letter and email. If you are already represented, forward the request to your lawyer and do not respond yourself.
Frequently Asked Questions
What is an EUO in simple terms?
An EUO is a sworn interview that your own insurance company can require under your policy or the PIP statute. A court reporter records it, and the insurer's lawyer asks the questions.
Is an examination under oath the same as a deposition?
No. A deposition happens after a lawsuit is filed and follows Rule 1.310. An EUO happens before a lawsuit, is based on your insurance contract, and is not supervised by a judge.
Do I have to attend an EUO?
Yes, if your policy or the PIP statute requires it. Section 627.736(6)(g) makes compliance a condition precedent to PIP benefits, and Florida courts treat refusing a property-claim EUO as a material breach.
Can my lawyer go with me to an EUO?
Yes. Your lawyer can attend, object to improper questions, and keep the examination within its purpose.
What is a recorded statement?
A recorded statement is an unsworn, recorded interview, usually by phone, in which an adjuster asks about an accident or loss. It is not a court proceeding.
Do I have to give a recorded statement to the other driver's insurance company?
No. You owe that insurer no statement. Refer the adjuster to your attorney.
Do I have to give a recorded statement to my own insurance company?
Your policy requires cooperation, which usually includes giving facts about the accident. Have your lawyer arrange the terms and get a copy of the recording.
What happens if I refuse an EUO?
In a PIP claim you can lose benefits because compliance is a condition precedent under section 627.736(6)(g). In a property claim, a refusal can be treated as a material breach that justifies denial, and the insurer need not show prejudice.
Call Today. Discuss Your Insurance Request Directly With Dan
An EUO demand or a recorded-statement request can decide a claim before it starts. When you call Daniel B. Reinfeld, PA, you speak directly with Dan, not a call center, and he handles your case personally. Dan has practiced law in Florida for more than 25 years and spent years defending insurance claims before representing injured people, so he knows what the adjuster and the insurer's lawyer are trying to get from you. Consultations are free, and there is no fee unless we recover for you. Dan meets by phone, Zoom, at the hospital, or at your home, with evening and weekend appointments available.
Call (954) 923-6110 or email dan@reinfeldlaw.com.
Hollywood office: 2450 Hollywood Boulevard, Suite 706, Hollywood, FL 33020. Open Monday through Friday, 9:00 a.m. to 5:00 p.m., with 24/7 live telephone answering. Fort Lauderdale consultations by appointment at 110 SE 6th Street, Suite 1700, Fort Lauderdale, FL 33301.
Related guides: What to do after a car accident in Florida, What is a deposition in Florida, What is an affidavit in Florida, Hollywood property insurance claim lawyer, Hollywood car accident lawyer.
Sources: Section 627.736, Florida Statutes (PIP; subsection (6)(g), cooperation and examination under oath); Nunez v. GEICO General Insurance Co., 117 So. 3d 388 (Fla. 2013); Stringer v. Fireman's Fund Insurance Co., 622 So. 2d 145 (Fla. 3d DCA 1993); Goldman v. State Farm Fire General Insurance Co., 660 So. 2d 300 (Fla. 4th DCA 1995); Florida Rules of Civil Procedure 1.280 and 1.310.
This article provides general information about Florida insurance law and civil procedure. It is not legal advice, and reading it does not create an attorney-client relationship. Every case is different, and you should speak with a lawyer about your situation.
© 2026 Daniel B Reinfeld, PA
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