Cctv Evidence: A Game-Changer For Auto Insurance Claims?

In today's world, cameras are everywhere, and car accidents are no exception. After an accident, insurance companies may request CCTV footage as part of their claim investigation, often to disprove liability. This can include traffic cameras, security cameras, and even personal smartphone recordings. While this footage can be used against you, it can also support your version of events and help prove you were not at fault. It is within your rights to access and use this footage under the Data Protection Act.

How to get CCTV footage of an accident

CCTV footage of a road accident can be invaluable in proving who was at fault and can be used to support an insurance claim or as evidence in court. Here is a step-by-step guide on how to obtain CCTV footage of a road accident.

Step 1: Act Quickly

Some organisations have a policy to erase CCTV data regularly, with some deleting footage weekly and others monthly. Therefore, it is important to act quickly to secure the footage.

Step 2: Identify the Owner of the CCTV Camera

In some cases, the owner of the camera will be obvious. For example, if the accident occurred in a supermarket car park, the cameras will most likely be owned by the supermarket. However, if you are unsure, look out for a sign or notice attached to the camera with contact details.

Step 3: Contact the Owner

Send an email or letter to the camera owner requesting they provide footage of your accident. Include the following information to help them identify the correct recordings:

• The exact time and date of the accident
• Your car's registration number, make, model and colour
• Proof of identity
• A description of yourself

Step 4: Make a Formal Request

If your initial request is denied, you may need to make a formal request. In the UK, this is called a Subject Access Request (SAR) under the Data Protection Act 2018 and the UK GDPR. The organisation should respond to your request within 30 days. Mark your request as urgent as the footage may be deleted before then.

Step 5: Contact a Solicitor

If you are struggling to obtain the CCTV footage, a solicitor may be able to help. They can send what is known as a spoliation letter to the owner of the footage, reminding them of their duty to preserve the evidence. They can also make a formal request on your behalf and guide you through the process.

Additional Sources of CCTV Footage

CCTV cameras are used in various places where road accidents may occur, including supermarket car parks, on buses, in high streets and other busy areas, outside business premises, in multi-storey car parks, and in private properties. Dashcams are also becoming increasingly common and can provide valuable footage of an accident.

Important Considerations

• Be aware that your request for CCTV footage may be refused if other people can be identified in the footage and their faces cannot be obscured, or if releasing the footage would jeopardise an ongoing criminal investigation.
• If you are requesting footage of an accident that occurred on a public road, contact your local police, who should be able to put you in touch with the relevant traffic control centre.
• If the accident occurred on private property, you may need to contact the owner of the property directly to request the footage. They are not obliged to release it, but many will do so in good faith.
• If the accident was captured by a traffic camera or red light camera, you will likely need the help of a lawyer to access the footage as these cameras are owned by different entities with specific requirements for releasing the footage.

Using CCTV footage as evidence

CCTV footage can be used as evidence to support your version of events following a car accident. This can be particularly useful in proving that you were not at fault and can help your insurance claim.

How to Get CCTV Footage

CCTV cameras are used in various places where car crashes may occur, including supermarket car parks, on buses, on high streets and other busy areas, outside business premises, in multi-storey car parks, and in private properties.

If your accident was captured by residential CCTV or by another road user's dashcam, you can simply approach the owner and ask them to send you a copy of the footage. However, for CCTV cameras operated by local authorities, businesses, or central government, the process is more complicated.

Firstly, you must act quickly as some organisations will have a policy to erase data regularly, either manually or automatically. Legally, you are entitled to request a copy of CCTV recordings of yourself. To do so, identify the owner of the security camera. If you're not sure who owns the camera, there may be a sign with contact details attached to it. Send an email or letter to the owner, providing:

• The exact time and date of the accident
• Your car's registration number, make, model, and colour
• Proof of identity
• A description of yourself

Data Protection Laws

The Data Protection Act 2018 and the UK GDPR give you the right to request any personal information held about you, including camera recordings. You can make a verbal or written request, known as a Subject Access Request (SAR). The organisation you contact will usually have 30 days to respond and cannot charge you for this.

When Access to CCTV Footage May Be Refused

There are a few reasons why your request for CCTV footage may be refused:

• Other people are identifiable in the footage, and it is not possible to obscure their faces
• The footage could jeopardise an ongoing criminal investigation
• Other people in the footage cannot be edited out to protect their identity

Using CCTV Footage for a Car Accident Claim

When making a car accident claim, you will need evidence to show how the accident occurred, who was to blame, and how you were injured. CCTV footage can help to prove liability and strengthen your claim.

Other evidence that can support your claim includes:

• Details of any witnesses
• Photographs of the accident scene
• Medical records if you were treated for injuries
• Evidence of any costs incurred due to your injuries

The role of a lawyer in an accident claim

• Legal Expertise and Experience: Lawyers are well-versed in local, state, and federal traffic and insurance laws, which is crucial for determining liability and navigating the claims process.
• Investigation Skills: They work with accident reconstruction specialists to analyze the scene, examine evidence, and reconstruct the events leading up to the accident. They also know how to gather and preserve evidence such as witness statements, police reports, medical records, and surveillance footage.
• Dealing with Insurance Companies: Lawyers know how to negotiate with insurance companies and opposing legal counsel. They can counter unsatisfactory offers and advocate for their client's best interests.
• Settlement Negotiations: Attorneys can negotiate on behalf of their clients to reach a fair settlement without requiring litigation. They can also communicate with insurance adjusters and defense attorneys to secure a satisfactory settlement.
• Understanding Damages: Lawyers can evaluate their client's losses, including medical bills, property damage, lost wages, and pain and suffering. They can also project future damages for long-term injuries or disabilities.
• Litigation Skills: If a settlement cannot be reached, a skilled lawyer will pursue litigation and represent their client in court. They understand relevant court procedures and employ successful legal strategies to get the best outcome for their client.
• Communicating with Insurers: Attorneys handle all communications with insurance companies, preventing their clients from accidentally compromising their cases by admitting fault or accepting a low settlement offer.
• Gathering Evidence: Lawyers will go back to the accident scene to gather necessary evidence and take photographs. They will obtain accident and police reports and speak with investigating officers and witnesses.
• Organizing Medical Records: They will organize and communicate with healthcare providers to obtain missing medical records, ensuring that the records include the necessary information to prove the extent of the client's injuries and their connection to the accident.
• Negotiating with Lien Holders: Lawyers will work to reduce the amount of money owed to lien holders, such as health, disability, or workers' compensation insurers, resulting in a higher payout for their client.

What to do if your insurance company denies your claim

While auto insurance companies do have the right to access and use CCTV footage to challenge the validity of a claim, there are steps you can take if your insurance company denies your claim. Here are some things you can do:

Carefully Review All Notifications:

When you receive a notification or letter from your insurance company, review it carefully. This document should outline whether your claim was paid in full, delayed, partially paid, or denied, as well as specify the reasons for the decision. Understanding the reason for the denial will help you plan your next steps and determine if an appeal is necessary.

Be Persistent:

If you believe the denial was improper, don't give up. You have the right to appeal the decision according to the insurance company's guidelines. Make sure you know exactly what information and supporting documentation you need to submit with your appeal, as procedures may vary. Your appeal should include a detailed explanation of your reconsideration request and any relevant evidence.

Act Promptly:

It is important to submit and resubmit claims in a timely manner, within the timeframe specified by the company or the applicable laws in your state. If you delay, your claim may be adjudicated based only on the information you initially provided, and any requests for reconsideration or appeal may be denied as untimely.

Understand the Appeals Process:

Familiarize yourself with the insurance company's appeals process. Knowing their policies and procedures will help you effectively respond to their actions and decisions. Keep up-to-date information on the claims adjudication and appeal processes, as this knowledge can empower you to navigate the process more confidently.

Maintain Records:

Whenever you communicate with the insurance company, keep detailed records. Store information such as the reason(s) for the denial, the actions taken by your office to follow up, and the outcome of your interactions. These records can be invaluable if you need to take your appeal to higher levels, submit complaints, or pursue subsequent litigation. They can also help you identify patterns and avoid future claim denials.

Seek Help:

Handling denied insurance claims can be frustrating, time-consuming, and complicated. Remember that help is available. By consulting with experts, such as attorneys or independent claims adjusters, you can gain a better understanding of your options and improve your chances of a successful appeal. Additionally, if you continue to encounter reimbursement problems with a particular insurance company, you can contact your state insurance commissioner's office for assistance.

The benefits of CCTV in accident claims

CCTV (Closed-Circuit Television) is becoming increasingly common in the UK, particularly in urban areas. While some people are concerned about the erosion of privacy and civil liberties, CCTV can be very useful in the event of an accident.

Proving liability

CCTV footage can be used as evidence to support an accident claim and prove liability. This is especially useful in road traffic accidents where liability is in dispute.

Supporting a personal injury claim

If you've been injured in an accident that wasn't your fault, you may be able to claim compensation. To do so, you'll need to prove that a third party breached their duty of care, causing your injury. CCTV footage can be invaluable in establishing the circumstances of an accident and proving liability.

What to do if you want to request CCTV footage

If you want to request CCTV footage of an accident, you'll need to act quickly. CCTV footage is often stored for a few weeks or months, but it may be deleted after this time. You'll need to identify the owner of the CCTV system and make a request in writing or verbally. The owner should provide you with the footage, although they may charge a fee. In some cases, they may invite you to view the footage on-site if they are unable to share it with you.

Data protection laws

The Data Protection Act 2018 and the UK GDPR give you the right to request any personal data, including CCTV footage, that an organisation holds about you. Organisations are usually required to respond to your request within 30 days and cannot charge a fee. However, if other people are identifiable in the footage, the owner may refuse to provide it to protect their privacy.

Frequently asked questions