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(602) 345-1818Updated September 14, 2026
Video, vehicle condition and electronic records can change or disappear after a crash. An evidence preservation letter after an Arizona car accident identifies what should be retained while the claim is investigated. The practical goal is to reach the right holder before an overwrite, repair or disposal prevents an inspection. There is no universal deadline after which every kind of evidence disappears.
This guide explains what the letter does, who may hold useful material and how preservation differs from obtaining a copy. A letter creates a record of the request. It does not stop a recording system, guarantee compliance or automatically impose a new legal duty on an unrelated business.
An evidence preservation letter, sometimes called a spoliation letter or a litigation-hold letter, is a written demand sent to any person or entity likely to possess relevant evidence. It identifies the accident, identifies the categories of records and physical evidence at issue, and instructs the recipient to preserve that evidence intact pending resolution of the claim.
That’s it. It’s a notice document. It does not compel anyone to hand anything over. It doesn’t file a lawsuit. It doesn’t create a court order. What it does is establish, in writing and with a documented delivery date, that the recipient was on notice of the evidence’s relevance. That notice date matters later if the evidence goes missing.
The NHTSA Special Crash Investigations program uses crash-scene, vehicle and occupant evidence to investigate selected crashes. A civil investigation can likewise require several sources. Identify who actually possesses the requested material instead of assuming that one insurer controls everything. Possible holders include:
Match the request to each holder and confirm the correct recipient. A towing company may control the vehicle while an insurer holds inspection photographs and a separate vendor hosts fleet video. Ask about those divisions of control and save any referral to another custodian.
Describe the evidence in enough detail that the recipient can locate it. Identify the collision date, time, location, vehicles and a reasonable time window around the event. Ask for relevant originals and associated metadata where applicable. A narrowly described request is easier to act on than an unexplained demand for every record the business has.
Name each category. Name the date range. Name the vehicles by VIN if you have them.
This is where retention windows matter. If you don’t know how long each holder keeps things, you don’t know how urgent the letter is.
EDR or vehicle data: Availability and retention depend on the vehicle, module and type of event. Some information may be locked after a deployment event; other data can be overwritten. Repair, replacement of a module or destruction of the vehicle can affect access. A qualified examiner should identify what the particular system records and how to preserve it. Do not assume a sale or one ignition cycle automatically erases every record.
Business surveillance: Retention depends on the recorder, storage capacity, settings and whether someone saved the clip. Ask promptly whether the camera recorded the roadway at the relevant time and when unsaved material is overwritten. A visible camera does not establish that useful footage exists. Do not wait for a guessed three-day or thirty-day window.
Traffic cameras: Some systems provide live monitoring without an archived recording. Others may retain selected recordings or event data. Ask the actual agency about the specific camera and record; a live image on a traffic website is not proof that the crash can be retrieved later.
Commercial hours records: FMCSA explains that 49 CFR § 395.8(k)(1) requires motor carriers to retain records of duty status and supporting documents for at least six months. That is a minimum retention period, not a rule requiring deletion at six months. Other duties or a litigation hold can require preservation beyond an ordinary schedule. Identify separate video, dispatch and maintenance records rather than assigning every truck record the same period.
Tow yard photos and vehicle condition. As soon as the vehicle is released, moved, or repaired, physical evidence changes. Tow yard intake photos may be deleted on a rolling schedule.
911 audio and CAD logs. Retention varies by agency, sometimes months, sometimes longer, but public records requests take time and audio is easy to lose track of.
Prioritize records that are both relevant and at risk, then verify what was actually preserved. A request sent today may be useful even if another record has already been lost. Avoid treating urgency as proof that any particular holder has destroyed evidence.
Keeping evidence and obtaining access are separate tasks. The next step depends on the holder, the record and whether litigation has begun.
A preservation letter tells the recipient to hold the evidence. It does not require them to send it to you. Production is a separate step. Getting the actual records in your hands requires one of the following:
A gas station can voluntarily save and provide a relevant clip, but the letter alone does not compel production or establish an automatic duty to you. Ask for written confirmation of preservation and identify a way to obtain the original file. If access is refused and evidence is critical, counsel can consider appropriate legal process. Do not enter private areas or access a recorder without permission.
Understanding that split matters because it changes strategy. If a piece of evidence is critical and the holder is uncooperative, you may need to file suit sooner rather than later to get subpoena power.
Arizona courts can address a party’s loss of relevant evidence through remedies suited to the circumstances. Souza v. Fred Carries Contracts, Inc.,191 Ariz. 247(App.1997) considered unintentional destruction and rejected an automatic dismissal approach. The court examined factors including responsibility for the loss, prejudice and available alternatives. A letter can help document knowledge of relevance, but no sanction follows automatically from delivery.
An adverse-inference instruction is one possible remedy in appropriate circumstances. It is not a substitute for preserving the actual evidence, and its availability depends on the facts and governing law. Do not assume a missing video improves the claim more than a preserved video would.
An unrelated holder presents a different issue. In Lips v. Scottsdale Healthcare Corp.,224 Ariz. 266 (2010), the Supreme Court rejected a general negligent third-party spoliation theory and explained that unilaterally telling someone a duty exists does not create it. The court did not broadly decide every possible intentional third-party claim. Existing duties, agreements, court process and the particular conduct matter.
Send a focused request promptly once relevant evidence and its holder can be identified. Do not postpone emergency care or assume that contacting a firm means a letter has already gone out. Confirm who is responsible for each request and what steps have actually been completed.
Trucking records have different federal schedules. Hours-of-service records generally have a six-month minimum. Driver qualification files generally remain through employment plus three years, with different rules for specified documents, under 49 CFR § 391.51. FMCSA’s employer-notification guidance reproduces the qualification-file requirements. A routine retention schedule does not authorize destruction when a separate preservation duty applies. Ask about each category, the available date range and any litigation hold.
Rideshare and delivery cases have their own wrinkle: the driver’s app records, the company’s dispatch data, and the driver’s phone are three separate holders with three different retention practices. Each needs to be named.
Use a delivery method that creates a record and reaches the person who can act. Depending on the recipient, options include:
For critical records, consider more than one channel and request written confirmation identifying what was preserved. A mail receipt shows delivery; confirmation from the custodian can answer whether the relevant file still exists and has been secured. Escalate unanswered requests according to the actual risk.
Keep the original returned receipts. Keep the tracking numbers. Keep the read-receipt emails. This is the audit trail.
A preservation letter does not file a lawsuit, serve a notice of claim or extend a deadline. Put evidence requests and legal deadlines on the same checklist, but treat them as separate obligations.
Two other early items:
A.R.S. § 28-667 directs an investigating officer or public employee to complete a written report for specified crashes, including injury, death, property damage above $2,000 or a citation. It generally calls for completion within 24 hours after the investigation, with a later-completion exception for unusual circumstances. This is not a promise that the public can obtain a completed report 24 hours after the crash. Request the report from the proper custodian and separately identify video, audio or other records needing attention.
An Arizona injury lawsuit against a private party generally has a two-year limit after accrual under A.R.S. § 12-542. A public-entity or public-employee claim generally requires a proper notice within 180 days after accrual under A.R.S. § 12-821.01, plus a separate lawsuit within one year after accrual under A.R.S. § 12-821. These are separate requirements, not extra time added to the private-party deadline. Identify the claimant, responsible parties and accrual date early. Minority, disability and other exceptions require individual review. A private contractor does not automatically become a public entity because it works on a public road.
A preservation letter changes none of these periods. Near a deadline, obtaining legal advice about the required notice or filing is more urgent than waiting for a record request to be answered.
No. You can identify the crash, describe relevant evidence and request that it be preserved. A lawyer can help identify additional holders, address legal process and arrange an inspection. Do not claim authority you do not have or assume the letter compels an unrelated person to comply.
Document the response and determine who controls the evidence and what legal duty applies. Counsel may consider an agreement, discovery or a court order. Possible remedies for loss depend on the facts, including duty, responsibility and prejudice. A refusal is not better than preserved evidence and does not guarantee a sanction.
Yes. A preservation request can be sent before a lawsuit or hiring decision. State the facts accurately and keep proof of delivery. Whether the recipient has a legal duty to preserve is a separate question; a letter does not automatically create that duty.
No. Accrual and the applicable law determine lawsuit and notice deadlines. The letter neither starts a new limitations period nor stops an existing one. Public-entity claims can require a 180-day notice and a separate lawsuit within one year after accrual.
Find out when and how it was lost, whether copies exist elsewhere and what duties applied at the time. Lack of a prior letter does not automatically mean there was no duty; a party may already have known litigation was foreseeable. Conversely, receiving a letter does not establish every element of a sanction or claim.
A letter requests preservation. A subpoena is formal legal process that can require testimony or production when properly issued and served, subject to objections and court review. A letter is not a subpoena, and a subpoena is not unrestricted permission to obtain private information.
We can review what evidence may matter, who may hold it and which requests should come first. Confirm any representation agreement and the steps the firm has undertaken; an inquiry alone does not mean preservation work has started. Bring the crash location, date, vehicle details and known witness or camera information.
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By Jared J. Pehrson | Impact Legal Car Accident Attorneys
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