Preservation letters after an accident
In plain English: a preservation letter (sometimes called a spoliation or litigation-hold letter) is a written request telling someone to keep specific evidence, like CCTV, dashcam video, vehicle data or maintenance records, because it matters to a claim.
Why speed matters
A lot of the best evidence disappears on its own. Many shops and businesses record over CCTV within days or a few weeks. Trucking companies may not keep driver logs, GPS or dashcam footage indefinitely. A damaged car may be repaired, sold at auction or scrapped before anyone downloads its event data recorder. A preservation letter puts the other side on notice early, before that happens.
What a good letter covers
- The date, time and exact location of the accident, plus vehicles, people or the area involved.
- The specific evidence to keep: video from named cameras, dashcam and telematics data, event data recorder downloads, driver logs, incident reports, maintenance and inspection records, phone records where relevant, and the vehicle or object itself.
- A time window, for example from one hour before to one hour after the incident.
- A request to keep, not just "not delete": automatic overwriting should be suspended.
- Who to contact and how to arrange copies or an inspection.
Who to send it to
The other driver's insurer, the at-fault business or property owner, a trucking or delivery company, a bus or rideshare operator, nearby shops with cameras, and sometimes your own insurer or the tow yard holding your vehicle. Send it in a way you can prove, like recorded delivery or email with a read receipt, and keep a copy.
What happens if they ignore it
A letter doesn't force anyone to comply the way a court order does. But if a party knew evidence was relevant and destroyed it anyway, a court may penalise them. In the US that is called spoliation, and judges can instruct a jury to assume the lost evidence would have hurt the party who lost it. Courts in the UK and Canada can draw similar negative inferences.
Ask for evidence. Don't enter private property, access someone else's phone or car data, or take items yourself. In serious cases, a lawyer can send the letter and, if needed, ask a court for an order.
Related: event data recorder · dashcam footage · chain of custody · what to do after an accident.
Related terms
General information, not legal or medical advice. Rules differ between US states, the UK and Canadian provinces, so check the law where your accident happened. How we write and check · Legal disclaimer