My car was hit in front of a Bank in Fontana, CA. The driver apparently was on her phone when she hit the driver side front of my car as I was coming to a stop, and has since changed her statement. Now her insurance company is dragging their feet our our claim. The Bank Security Company was very helpful and stated to either have an Officer request release of the footage, or Subpoena the data. Of course the Police Department did not want to assist, and I know the tape will confirm who was at fault. Is there a process where I can Subpoena the video without going to court, so my Insurance Company can use this on our behalf, or do I have to file a Small Claims Suit first. I want to get this video before it is erased. Thanks
Car / Auto Accident Lawyer
You sound like you have a good case here. You should immediately contact a local California attorney to ensure you are receiving the maximum representation. I have represented clients in the past in your exact situation and we were able to gain the video. sue the other women for a multitude of things, and ultimately a very successful payday arrived to my client. Most of us offer free consultations so you have everything to gain by calling someone for a consultation today. I wish you the very best in this case.
Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www. KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
It is unlikely the bank will produce the video without a subpoena or police request, but one thing you can do right away is send them a letter (certified/return receipt) demanding that they preserve the video as it may contain evidence relevant to your case. Make sure to state the exact date and time of the accident, and since time is of the essence, you may want to also drop off a copy of the letter at the branch right away. As you seem to know already, you would be able to subpoena the video to support a small claims case, but unfortunately you would not be able to see it in advance, unless the bank agrees to give it to you before the hearing. http://www.courts.ca.gov/documents/sc107.pdf
Car / Auto Accident Lawyer
You should consult an attorney ASAP. There are countless objections to you gaining access to the video and an attorney will be able to navigate through them quickly and efficiently. If you feel you don't need an attorney simply put your request in writing but they will likely object claiming privileged.
Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
NY has a pre-action disclosure rule. Check with a local CA attorney from this board to see if California has a similar rule.
Ryan Finn * 518.213.0115 * Rfinn@hackermurphy.com * Referrals are the highest form of compliment
If the case has to go to court, do not forget to obtain her cellphone records as well.
I will evaluate your case for free. I can also refer you to an attorney to help you if I cannot help you. Joyce J. Sweinberg, Esquire 215-752-3732 www.jjsassoc.net Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.
Family Law Attorney
Send them a letter to preserve the evidence. Then you can either request it formally, but chances are they will not release it without a subpoena.
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You should immediately seek the advice and counsel of a local personal injury attorney. They can place the bank on notice to not spoliate evidence, and moreover, to answer your question on point, they can file suit even if it never goes all the way to trial and subpoena the tape. If you weren't injured, at least they can assist in resolution of your car damage claim.
We have been successful sending a demand to preserve evidence letter along with a request to forward a copy of the video with an offer to pay all expense for copying