My client was in a really bad motor vehicle accident a couple of weeks ago. The other car pulled right in front of him. She never saw him coming. Both his truck and her passenger car were totaled. As a result, the Florida Highway Patrol impounded their vehicles in a storage yard. The son of the decedent hired some attorneys. They sent my client a letter demanding that he “preserve” his truck so they could get it inspected.
Is this enough to make him have to keep his truck in storage? NO.
In Florida the only time a person has to keep evidence is if:
- A Florida statute covers the situation. For example, healthcare providers must keep records of care they give to their patients;
- When he is under “court order” to preserve the evidence
- When there is a court proceeding and there is request to maintain the records in writing.
If you have any question about this, give me a call. No Charge. I’ll be happy to talk to you and clear it up.