Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
It's common for attorney to demand preservation of evidence, in fact the opposing party has the duty to do the same when there is potential litigation; otherwise the court can issue n adverse ruling. It was the right thing to do to give it to the insurer since they are the primary party responsible for the damages in the event you are sued. The question of whether the insurer's destruction of the vehicle despite this notice poses a problem for you really depends on whether the plaintiff can overcome the fact that workers compensation is the exclusive remedy for all workplace injuries. He can't do that absent a showing that you were extremely reckless in the maintenance of that vehicle - i.e., you knew it would be a safety hazard and made him drive it anyway...of course there's a bit of a catch 22 here because an inspection of the vehicle may be necessary to prove or disprove such recklessness. But, it is really the insurer's problem and not yours because they'll be the one's on the hook for damages if the judge sanctions the defense for not preserving evidence.
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