The Statement Under Oath (SUO):
A Powerful Tool Beyond the EUO
When handling claims, many professionals focus on Examinations Under Oath (EUOs) as a key investigative tool. However, there’s another important option that often gets overlooked: the Statement Under Oath (SUO). While the EUO is a contractual right, the SUO provides a flexible opportunity to gather critical information from individuals who are not insured under the policy.
Let’s explore how the SUO differs from the EUO and why it’s an essential part of the claims process.
What Is an SUO?
A Statement Under Oath (SUO) is similar to an EUO in structure and purpose. It involves:
- A question-and-answer session.
- Conducted under oath.
- With a court reporter present to document the proceedings.
The key difference? Unlike the EUO, the SUO is not a demanded contractual right. This means:
- No Obligation to Appear: The individual can decline to participate without penalty.
- Voluntary Cooperation: The success of an SUO often depends on your approach to gaining cooperation.
Who Should You Consider for an SUO?
An SUO is particularly valuable when dealing with independent witnesses or individuals who aren’t insured under the policy but have critical information. These are often:
- Independent, Indispensable Witnesses: Individuals who have no stake in the claim but possess knowledge that can clarify key aspects of the investigation.
- Professionals with Relevant Insight: For example, a mechanic in a trucking claim where a mechanical issue is suspected.
Identifying these witnesses and gaining their cooperation can provide the insight needed to resolve complex claims.
Overcoming the Belief Barrier
One of the biggest challenges in using the SUO is the misconception that non-insured individuals won’t cooperate. This belief can prevent claims professionals from even attempting to schedule an SUO. However, the reality is:
- Most Individuals Will Cooperate: When approached professionally and respectfully, people are often willing to provide a statement.
- Approach Matters: A courteous, well-planned request backed by a formal SUO letter can make all the difference.
In fact, with the right process, SUOs can have a high success rate. At our practice, approximately 98% of individuals agree to participate in EUOs or SUOs, demonstrating the importance of a positive and professional approach.
How to Conduct an SUO
Conducting an SUO follows a similar structure to an EUO, with a few key differences:
- The Request: Begin with a polite and professional request for the individual to participate.
- Confirmation Letter: Follow up with an SUO confirmation letter outlining the agreed date, time, and location.
- Court Reporter: Schedule a court reporter to document the session under oath.
The SUO letter plays a crucial role in solidifying the individual’s commitment and ensuring they appear.
Conclusion
The Statement Under Oath (SUO) is an invaluable tool for gathering information from individuals outside the scope of the EUO. By identifying key witnesses, approaching them respectfully, and using a structured process, claims professionals can uncover critical insights that lead to successful claim resolution.
Ready to learn more about using SUOs effectively? Join us for training to master both EUOs and SUOs in your claims investigations.
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Danny Vazquez
Danny Vazquez is the National EUO, LLC CEO.
Danny is a central leader on Claims, Investigations and EUOs in the insurance and legal industries.
As CEO, Danny took the knowledge and insights gained throughout his 25 plus years legal career to establish National EUO as the Nation's leading company on EUO services and EUO training.
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