How can I get video tape from the traffic cameras? Is it easy to get it?

I had a car accident two weeks ago, and someone hit me from the back when both of us were making the right turns (I was in front of her, we were in two seperate lanes), and the rear door on the passenger side of my car was dented. I didnt call the police at that time and the other driver stopped me to call the police because it was small accident. And we exchanged the bussiness card and insurance info. I thought it was obviously her fault and she should pay to repair. But after that, she told the insurance company that "I jumped into her lane" so it was my fault. But she was lying. So the insurance company said they won't repair my car. Shall I call the police to file a report now? is that late? if possible, how can i get the video tapes from the street camera?

Atlanta, GA -

Attorney Answers (7)

Robert G. Rothstein

Robert G. Rothstein

Personal Injury Lawyer - Marietta, GA
Answered

You can and should file a police incident report but that has no more credence than what the other driver has to say. You should have already reported it to your ins. co. If you had collision coverage they will fix your car (you pay deductible) and they will go after her and their atty. will decide whether to subpoena the video or not.

Disclaimer: This response is provided to you by attorney Robert G. Rothstein (404) 216-1422 for educational and... more
Neil William Putnam

Neil William Putnam

Car / Auto Accident Lawyer - Hapeville, GA
Answered

Unless you have a witness who can back your version of how the collision occurred, you have a proof problem. In Georgia, your word is no better than the other driver's or vice versa. Assuming there was a traffic camera that recorded the collision, you should send an 'open records' request in writing to the appropriate authority and try to get a copy of the video. It is a long shot but it is worth the effort. Unless you have a witness, you will need the video. Insurance companies are in the business of collecting premiums not paying claims and unless you can prove the other driver was at fault, they usually will not pay.

Steven Mark Sweat

Steven Mark Sweat

Car / Auto Accident Lawyer - Beverly Hills, CA
Answered

This may require a subpoena. Consult an attorney in GA.

Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
Robert M Lorey

Robert M Lorey

Car / Auto Accident Lawyer - Portland, OR
Answered

I concur with Mr. Sweat. You should consult an attorney immediately to protect your legal rights. First, it might be too late to file a police report -- that would be an issue of Georgia law. Second, if there is a traffic camera at the intersection and if it saw anything you will need to move very quickly to make sure that any images are retained. Even with digital video or still pictures, storage space is not infinite and policies for retaining those images vary widely by jurisdiction.

Many attorneys offer free or low-cost initial consultations. It is possible that such an initial consultation would give you sufficient information to proceed or even lead to an agreement to retain an attorney to assist you with the matter.

www.integrityoregon.com

Good luck!

Christian K. Lassen II

Christian K. Lassen II

Car / Auto Accident Lawyer - Philadelphia, PA
Answered

A local lawyer can subpoena it

Glen Edward Ashman

Glen Edward Ashman

Personal Injury Lawyer - East Point, GA
Answered

You've learned the hard way to ALWAYS call the police for every accident, get witnesses at the scene, take lots of pictures, and call a lawyer immediately.

It's not always possible to have good traffic video of an accident in progress, but when it exists, it can make a difference. It would be hard to get it without a lawyer or the insurer seeking it.

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Bradley Joel Benham

Bradley Joel Benham

Personal Injury Lawyer - Woodland Hills, CA
Answered

Consult with an attorney. This may require a subpoena, but it could be as easy as public records request (basically, a letter requesting government documents).

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