How can auto insurance demand second EOU?

Submitted by bartelby3000 on Tue, 11/05/2013 - 16:56


My car was stolen in DC and I have since moved to West Virginia. The auto insurance carrier is demanding that I travel 6 hours to sit through a SECOND EOU!
I have signed the initial EOU transcript. How can they legally and ethically make such demands?

Posted: 06 Nov 2013 01:06 Post Subject:

They can ask and you can refuse. You should read your policy but it probably states that you need to submit the an EUO. But you have already done this. They can't keep taking EUO's until they hear what they want to hear. My recommendation is that you download a Proof of Loss form from the Internet, complete it and mail it to your carrier. Put a cover letter on it and give them 30 days to pay the claim. Also state that you are declining the 2nd EUO as you've already fulfilled your requirement according to the policy. I'd also _highly_ recommend that you file a complaint with your states Dept of Insurance.

As I said, they can ask for a second EUO but I doubt very much that they could deny the claim if you don't give a 2nd one.

Lastly, I'd say 6 hours is an unreasonable hardship. There is no reason why they would not be able to secure the service of an attorney closer to you.

Posted: 06 Nov 2013 11:55 Post Subject:

Lastly, I'd say 6 hours is an unreasonable hardship. There is no reason why they would not be able to secure the service of an attorney closer to you.

I agree. An EOU is performed at the insurance company's expense. So if they insist that a second EOU is necessary, make them come to you at your convenience. You have no other responsibility than to make yourself available one time.

When you make a complaint to "your state's Dept of Insurance", be sure to file the complaint in the DC, since that's where the claim originated. You can also file a complaint with the WV DOI, too, since you are now a resident of that state, but DC comes first.

Posted: 07 Nov 2013 08:37 Post Subject: 2nd EUO request

Thank you for both informative replies. I was worried that by declining a 2nd EUO, that Allstate/Esurance would have ammo to deny the claim. I will folow both avenues, proof of loss and filing complaint with state dept of insurance. Also, during the first EUO, the court report stated that I could waive my option to appear in person to sign the transcripts. The Allstate attorney interjected and demanded that I appear in person to sign the transcript...essentially forcing another last minute 300 mile trip 10 days later. Allstate/Esurance is a very shady institution...beware!!! Hopefully this all works out in my favor. Thanks again.

Posted: 07 Nov 2013 08:39 Post Subject: 2nd EUO request

Also, the policy reads;

Submit, as often as we reasonably require,
to examination under oath and subscribe
the same.
4. Authorize us to obtain other pertinent records

However, "reasonably" is the operative word...

Posted: 07 Nov 2013 08:42 Post Subject:

I've not had much dealings with EUOs (I've been depo'ed a few times) but it seems odd that someone could somehow be required to sign the transcript in person. Ialso fail to see the point in requiring this. I don't see why a notary would not serve the same purpose (this is why they exist).

Esurance has _always_ been shady. In that they were bought by Allstate does not lend them any credibility. I'd rank Esurance just above Mercury... and that is not saying much.

I'd mention in your letters and complaint that you've already met the requirment to give a statement under oath.

Keep in mind, they may very well deny your claim but that would be a different matter.

Posted: 07 Nov 2013 08:44 Post Subject: 2nd EUO request

Lastly; The insurance company is asking me to update my address on the website to my West Virginia address. I lived in DC at the time the car was stolen, and have since moved to WV...Esurance does not offer auto insurance here. Do I have anything to worry about as far as Esurance still covering my claim..even though I have since moved out of their coverage area?

Posted: 07 Nov 2013 08:47 Post Subject: 2nd EUO request

Exactly "tcope1"!!!
The only reason to require an in-person signature, especially after knowing my travel time, is to create inconveniences in building a straw case to deny the claim based on non-cooperation. I was baffled. Travel 6 hours to sign a document, even though it's optional?

Posted: 07 Nov 2013 11:21 Post Subject:

Do I have anything to worry about as far as Esurance still covering my claim..even though I have since moved out of their coverage area?

Your claim is based on when and where coverage was in effect at the time of the loss. Nothing to worry about.

As for a personal appearance to sign a transcript, tell them that the cost for your round-trip drive is going to be billed at $0.565 per mile (300 * .565 = $169.50, that is the 2013 federal business mileage rate), that your travel per diem to a "high-cost location" such as DC will be billed at the federal rate of $259 per day (2 x 259 = $518.00, and your overnight lodging will be billed at cost + 10% (estimate about $400 - $600 for that). Minimum invoice = $1087.50 (to $1287.50). Send it as a sort of ransom note -- "Please pay this amount in advance to guarantee my appearance at the signing." No advance money, no appearance.

Why not enjoy your drive to DC by staying there in a very nice hotel one night at their expense? You're just being "reasonable" in response to their "reasonable request" aren't you?

Give them the same sort of treatment you feel they are giving you. Too many folks wimp out on stuff like this. Take a harder line than they do! This should change their attitude and they should be willing to let you sign the transcript locally.

Posted: 08 Nov 2013 07:13 Post Subject: MaxHerr

GREAT PHILOSOPHY!!! They intentionally try and play the part of the bully, I love your suggestion. I'd also venture into throwing in the opportunity cost of a day of work that they're forcing me to relinquish :-) They don't realize the tools that we the consumers have available, some powerful stuff. Unfortunately, I already took the trip down the first time to sign the transcript :-(. I kept hearing/reading"deny claim do to non-cooperation" being thrown around in my research of similar incidents. I will use this angle to respond to their 2nd request for the EUO and transcript signing...if not, they are more than welcome to come out here to hold it. As far as them canceling my insurance, I actually welcome it. The car was stolen and they don't currently offer coverage in my area...more money in my pocket. Thanks to everyone...I'm relieved that I found this site!!!!

Posted: 08 Nov 2013 07:32 Post Subject:

I'd also venture into throwing in the opportunity cost of a day of work

You're right, I forgot to include that, too.

The car was stolen and they don't currently offer coverage in my area.

If you've replaced the vehicle, it should be insured by a company admitted to do business where you are. Don't worry about cancelling coverage affecting the prior claim. That cannot happen.

Posted: 09 Jan 2014 06:07 Post Subject: update

It's been 6 months since my car was stolen and Esurance is now attempting to schedule a 2ND EUO!!! I've filed a complaint with the Dept of Insurance and am now wondering whether I should pursue legal action against the insurance company?

Posted: 09 Jan 2014 07:13 Post Subject:

As I mentioned in my PM response to you, this has gone on long enough for the insurance company to ACCEPT or DENY your claim. Those are the only two choices.

Either your car was stolen or it wasn't. (You could be hiding it in a garage somewhere, like some fraudsters do, but I doubt it).

Because they have not said YES or NO to our claim, it's still too soon to file a civil suit. But it is time for an attorney to write a VERY STRONGLY WORDED letter setting a deadline for them to accept or deny the claim. 14-21 days from receipt of the letter at the very most, and if they miss that deadline, then a civil suit will promptly follow.

Have they even given a reason for another EUO? Remember, make them come to you this time.

Posted: 09 Jan 2014 08:18 Post Subject: update

They did not give a specific reason for the 2nd EUO. The attorney simply said that he had some "follow up questions" and requested a bank document. I requested a postponement of the first EUO because the bank document hadn't been received yet. He denied the request...only to turn around and ask me to supply the bank document as basis for a 2nd EUO. Very annoying, frustrating, and draining (mentally and financially) process dealing with Esurance!

Thanks again MaxxHerr and ALL

Posted: 10 Jan 2014 01:49 Post Subject:

Just a bunch of BS, if you ask me. Do not back down on your demand to make them come to you. It their case, if they are so dead set on the EUO, they have no choice. If they won't come to you and say they will deny your claim if you don't come to them, that's fine. You'll have a determination and can then sue for damages.

Posted: 10 Jan 2014 10:35 Post Subject:


Posted: 13 Jan 2014 05:23 Post Subject:

Welcome to the forums PaulineWBittner !! :) Wondering if you were really having any questions since this is not the right forum to introduce yourself.

Posted: 16 Jan 2014 10:23 Post Subject: VICTORY!!!!!

After following MaxHerr's advice, along with others who contributed, I finally received a very random email from a Total Loss Resolution Specialist this week! Since my last post, my most recent actions included sending in; proof of ownership, proof of loss, and a complaint to dept of insurance. In retrospect, my error was dealing director with the lawyer, instead of, at a minimum, cc'ing the claims supervisor. The supervisor was actually understanding and courteous, and seemed to reel in the overzealous behavior of their lawyer. The Esurance lawyer abruptly changed his tune after my Dept of Insurance complaint, but still requested another EUO...this time at my location of choice. After some back and forth regarding scheduling, and how he was going to attempt to have a court reporter meet me in West Va, after my work day, I received a random email from the Total Loss Resolution specialist who is moving forward with my claim evaluation. So, 7 months and a lot of grey hairs later, Esurance finally decided upon my claim. I wouldn't wish this headache on anyone, however, I learned a great deal regarding the claims process. Lessons learned; take a hard as nails approach/response to their tactics (thanks MaxHerr), email the insurance company so as to maintain documented communications, and the dept of insurance portal ARE YOUR FRIENDS...and lastly (try) not to let them intimidate you...because they are certainly trying their best to do just that. You're a valued customer while you're making your monthly payments, however when it's time for them to uphold their end of the agreement, they treat you like a criminal. Thanks again to everyone...this site is awesome.

Posted: 19 Jan 2014 03:28 Post Subject:

Glad things worked out for you. The lesson to be learned is that the insurance company is not always right. If you believe that you are owed something, stick to your guns and press for a resolution.

As the old proverb states, "The squeaky wheel gets the grease."

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