Is a Personal Injury Defendant Responsible for Insurance Company’s Spoliation of Evidence?

Free Case Review
100% Secure & Confidential

Results

$12.5 Million
Brain Injury
$7.2 Million
Brain Injury
$5 Million
Wrongful Death
$4 Million
Trip & Fall
$3.6 Million
Motorcycle Accident
$3.2 Million
Work Place Injury
$2.7 Million
Sexual Battery
$1.9 Million
Work Place Injury
$1.5 Million
Trucking Accident
$1.2 Million
Auto Accident
$1.2 Million
Auto Accident
$1 Million
Premises Liability
$750K
Auto Accident

Whenever there is an airplane crash, you inevitably hear the media talk about the “black box,” i.e., the data recorders that often provide accident investigators with valuable evidence when trying to piece together what went wrong. These days, many cars contain their own black box-type devices, which can prove equally valuable when preserving evidence for a potential personal injury lawsuit. Of course, this only helps if the vehicle itself is properly preserved and not lost or destroyed following the accident.

French v. Perez

A recent decision by the Georgia Court of Appeals, French v. Perez, addressed just such a scenario. This case revolves around a December 2014 auto accident. The plaintiff was a passenger in his sister’s car. It collided with another vehicle operated by the defendant and owned by the defendant’s wife.

The defendant’s cae was insured by State Farm. Shortly after the accident, the defendant’s wife signed title of the car over to State Farm, which took immediate possession. Two weeks later, the plaintiff sent State Farm a standard notice to “preserve any evidence related to the accident,” which included the car and its black box recorder.

State Farm apparently ignored this request and proceeded to sell the vehicle. Several months later, the plaintiff filed a personal injury lawsuit against the defendant. (The plaintiff initially sued his sister as well, but later dismissed the claims against her.) The plaintiff then moved for sanctions against the defendant, alleging he was responsible for the “spoliation” of evidence, i.e., the insurer’s decision to sell the car and the black box.

The trial judge denied the plaintiff’s motion. The Court of Appeals agreed to review the issue. A divided three-judge panel upheld the trial court. The majority noted the plaintiff never actually put the defendant himself “on notice” that the car and the black box needed to be preserved. Rather, the plaintiff notified the insurance company. The plaintiff did not even notify the defendant’s wife, who was the actual owner of the vehicle at the time of the accident. The Court of Appeals said it would be unfair to hold the defendant “responsible for State Farm’s disposition of the vehicle.”

Judge Christopher J. McFadden, the third judge on the panel, disagreed with the majority and wrote a separate dissenting opinion. McFadden pointed out that under the terms of the insurance contract, the defendant “expressly or by implication, authorized State Farm to act for him in the resolution of” the plaintiff’s claim for damages. In other words, State Farm acted as the defendant’s agent when it ignored the plaintiff’s request to preserve the car and sold it off.

Responding to McFadden, the majority said the insurance contract itself was not in the record and therefore not properly considered as evidence. And in any event, it was not clear whether the defendant–as opposed to his wife–was actually a “named insured.” Indeed, the majority pointed out Judge McFadden himself did not explain “whether a resident relative of the named insured is also in an agency relationship with State Farm.”

Learn More In Our Recent Blog Posts

Georgia Sees String of Recent Dog Attacks

Georgia has seen a worrying string of dog attacks in recent weeks. Some of these dog attacks have left seniors ...
Learn More

Deadly Motorcycle Accident Reported in Cobb County

In June of 2025, Fox 5 Atlanta reported a fatal motorcycle accident in Cobb County. The crash was so severe ...
Learn More

Hit-and-Run Driver Found in Cobb County After Two Crashes in Ten Minutes

When police track down hit-and-run drivers, most people celebrate this as a victory. However, these negligent drivers are often caught ...
Learn More

USPS Says 6,000 Workers Were Savagely Mauled by Vicious Dogs in 2024

Although dangerous dogs in Cobb County threaten virtually everyone, postal workers are particularly at risk. This was highlighted after the ...
Learn More

Multiple Cars Crash Into Georgia Homes and Buildings

Within the space of a single week in June of 2025, multiple cars crashed into homes and buildings in Georgia. ...
Learn More

Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
Free Case Review
100% Secure & Confidential
Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

Call (770) 758-1664
Available 24/7

Free Case Review

"*" indicates required fields