[Adverse Carrier or Responsible Party]
Attn: [Adjuster Name or Claims Department]
[Street Address]
[City, State ZIP]
[Today's Date]
RE: Evidence Preservation and Notice of Joint Scene Exam
| Our Insured: [Insured's Name] Our Claim No.: [Client Claim Number] Date of Loss: [Date of Loss] Loss Location: [Loss Address] | Police or Fire Report No.: [Report Number], [Department] Your Insured: [Responsible Party] Your Policy No.: [Adverse Policy Number, if known] Your Claim No.: [Adverse Claim Number, if known] |
Dear [Adjuster Name or Responsible Party]:
[Client Name] insures [Insured's Name] and is handling a claim for a loss that occurred on [Date of Loss] at [Loss Location]. [Your Company Name], as recovery agent for [Client Name], is investigating the cause of this loss for subrogation purposes, and you have been identified as a party of interest.
Forensic expert and joint scene exam
Please be advised that our office has retained [Expert Name] of [Expert Company] to examine the scene and evidence. [Expert Company] is hosting a joint scene exam on [Exam Date] at [Exam Time] at [Exam Location].
Please reply by [Reply Date, 9 business days from today] to confirm whether your office will attend the joint scene exam, and provide the name of your expert. You may contact [Expert Company] directly to coordinate:
[Expert Name]
[Expert Company]
[Street Address]
[City, State ZIP]
[Phone] · [Email]
Spoliation of evidence
All evidence related to this loss must be preserved, including [the scene, equipment, components, debris, photographs, video, and records]. Do not remove, repair, alter, damage, test, or discard any evidence until all interested parties have had the opportunity to examine it. If evidence is removed, damaged, altered, or discarded, you or your insured risk a claim of spoliation of evidence. Depending on the jurisdiction, spoliation can lead to court sanctions, a finding that the lost evidence would have been unfavorable, or a separate claim for damages.
If your office does not respond by [Reply Date], the joint scene exam will proceed as scheduled, and evidence may be documented, collected, and retained by [Expert Company].
Thank you for your prompt attention to this matter.
Sincerely,
[Name]
[Title]
[Company]
[Address]
[Phone] · [Email]