Spoliation
Spoliation is the loss, destruction, or material alteration of evidence relevant to litigation. The exam tests preservation duties, triggers, and the technician’s limits.
Core rules
- The duty arises when litigation is reasonably anticipated - not only after a lawsuit is filed. A preservation letter, subrogation notice, or arson investigation can trigger it.
- Preserve origin and cause evidence: failed components, burn patterns, debris, and samples. Photograph before moving; tag and log custody.
- Do not clean, discard, or repair evidence without documented authorization from the party controlling the claim.
- Maintain chain of custody and storage conditions; avoid destructive testing without agreement.
- If instructions conflict, stop and escalate to the adjuster, counsel, or supervisor.
- Ordinary restoration can destroy evidence; sequence work so evidence is recorded first.
Worked example
A technician is asked to clean a fire-damaged garage. An investigator has not yet determined whether a motorcycle was the origin. The technician photographs the motorcycle and fuel system, tags the area, and limits cleaning to unaffected areas until released. Reasoning: cleaning the origin area could destroy burn patterns and failed parts. Preservation costs less than sanctions for spoliation.
Traps that cost marks
Equating adjuster approval with legal release; cleaning origin areas first; discarding debris; no chain of custody; assuming a cause is obvious and no preservation is needed.