Passenger Asked to Sit for a PIP Examination Under Oath

Attorney Answer

If you are asking that company to pay personal injury protection benefits, then yes — an examination under oath is part of the deal, and skipping it can cost you the benefits. Owning the car has nothing to do with it. What you should not do is walk in alone or ignore the letter.

Start with why a passenger is even in this position. Personal injury protection is not limited to the person whose name is on the policy. Fla. Stat. § 627.736(1) requires a complying policy to provide those benefits to the named insured, to relatives living in the same household, to people operating the insured vehicle and to passengers in it, up to a limit of $10,000 in medical and disability benefits. A passenger claiming under someone else's policy is exactly the situation the statute contemplates, and the claim brings the policy's conditions with it.

The examination requirement is written into the same statute. Fla. Stat. § 627.736(6)(g) provides: "An insured seeking benefits under ss. 627.730–627.7405, including an omnibus insured, must comply with the terms of the policy, which include, but are not limited to, submitting to an examination under oath. The scope of questioning during the examination under oath is limited to relevant information or information that could reasonably be expected to lead to relevant information. Compliance with this paragraph is a condition precedent to receiving benefits." The same paragraph adds that an insurer which, as a general business practice, requests these examinations without a reasonable basis is subject to the state's unfair insurance trade practices provisions.

Two things follow from that language, and they pull in different directions. Compliance is a condition precedent — that is the strong phrase in the paragraph, and it means benefits can be denied over a failure to appear. But the scope is limited by the statute to relevant information, or information reasonably calculated to lead to it. It is not an open license to ask about anything.

It is also worth being clear about what this is. An examination under oath is not a phone call with an adjuster. It is sworn testimony, usually taken by the insurer's attorney with a court reporter present, and the transcript can be used later to argue that your account changed or that treatment was unnecessary. You are entitled to have your own attorney present. In practice these are almost always handled with counsel on the claimant's side, and questions about scheduling, location and the scope of questioning are handled by that attorney rather than by the person who received the letter.

What you can do

1. Do not ignore the letter. Fla. Stat. § 627.736(6)(g) makes compliance a condition precedent to receiving benefits, and simply not appearing is the worst version of this.

2. Write down the date, time and place requested, and confirm the claim number and which policy the request is made under.

3. Gather your own records before anything is scheduled: your treatment dates, bills, the crash report and anything you have already sent the insurer.

4. Have a Florida attorney review the letter and the policy before you attend. You may be represented at an examination under oath, and this is the point at which most people are glad they made the call.

5. If the date or place does not work, ask in writing to reschedule rather than not showing up.

Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts with someone who can hear the whole story is worth more than any general guidance, including this page.

⏱ Time limits apply. Personal injury protection runs on its own schedule: under Fla. Stat. § 627.736(1)(a), the medical benefits depend on the injured person receiving initial services and care within 14 days after the crash, and the policy sets its own deadlines for requests like this one. Separately, Fla. Stat. § 95.11 governs the limitations period for an injury claim, and it changed in 2023 — accidents before March 24, 2023 fell under the former four-year negligence period, and later accidents under a shorter one. Have a Florida attorney check the dates that apply to you.