# Preservation letter

> A preservation letter asks a person or company to keep specific evidence, such as video, driving logs or vehicle data, because a claim is likely.

Canonical page: https://accidentclaimfacts.com/glossary/preservation-letter/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

A preservation letter asks a person or company to keep specific evidence, such as driving logs, video or vehicle data, because a claim is likely. It is also called a spoliation letter or litigation hold letter.

## In a car accident claim

Evidence after a crash can disappear quickly. Store and traffic cameras often record over old footage, phones are replaced, and vehicles are repaired or scrapped. Some records have legal retention periods, but they are short: a trucking company must keep drivers' hours-of-service records for 6 months, and a truck's inspection, repair and maintenance records for 1 year, and for 6 months after the vehicle leaves the carrier's control.

Other evidence, such as dash-camera video, the truck's engine and crash data, dispatch messages and phone records, may not be covered by any keeping rule. A preservation letter lists those items and asks the recipient to keep them. Destroying evidence after such a request can be treated as spoliation, and courts can penalize it. Under the federal rules, for example, a court that finds a party destroyed electronic data to keep it from the other side can tell the jury to presume it was unfavorable. Once a lawsuit is filed, the same evidence can also be sought through discovery or a subpoena. Letters usually go to the other driver, their insurer, an employer or carrier, and businesses with cameras nearby. Our guides to [truck accidents](https://accidentclaimfacts.com/accidents/truck-accidents/) and [company vehicle accidents](https://accidentclaimfacts.com/accidents/company-vehicle-accidents/) list the evidence that matters most.

## Example

> **Example:** A tractor-trailer runs a red light and hits a car. Within days, a letter goes to the trucking company asking it to keep the driver's hours-of-service records, the truck's engine and crash data, dash-camera video, dispatch messages and the driver's phone records. If the company later destroys them, the injured person can ask the court for a sanction.

## Related terms

- [Spoliation](https://accidentclaimfacts.com/glossary/spoliation/)
- [Discovery](https://accidentclaimfacts.com/glossary/discovery/)
- [Subpoena](https://accidentclaimfacts.com/glossary/subpoena/)

## FAQ

### Is a preservation letter legally required?

No law requires you to send one. It puts the other side on clear notice that a claim is likely, which makes it harder for them to say later that they did not know to keep the evidence.

### Who sends a preservation letter?

Often the injured person's lawyer, but anyone with a likely claim can send one. It usually names the specific evidence and the dates it covers, so there is no doubt about what to keep.

## Sources

- [Cornell LII, Federal Rules of Civil Procedure, Rule 37](https://www.law.cornell.edu/rules/frcp/rule_37) — lost electronic evidence and the measures a court can take
- [eCFR, 49 CFR 395.8 Driver's record of duty status](https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395/subpart-A/section-395.8) — retention of hours-of-service records
- [eCFR, 49 CFR 396.3 Inspection, repair, and maintenance](https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-396/section-396.3) — retention of maintenance records