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How can I get a copy of store security tape to support parking lot hit and run accident

Bellingham, WA |

My boyfriend and I were in a Home Depot in Bellingham, WA. When we came out of the store his truck had a huge dent in the back half... someone had smashed into it in the parking lot and drove off.

Home Depot has security cameras and we gave our info to them. We also called the local police and filed a phone report with an officer who said to wait for Home Depot's input. Then we called his insurance company (Allstate) and they said to wait for Home Depot/Officer.

Long story short... now a week later Home Depot says they have nothing on tape (either can't see or they're too lazy to help).

What's the best plan of action now? My boyfriend's insurance has a $500 deductible.... is he really just left with nothing having to pay out of pocket to fix this ding?

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Attorney answers 2

Posted

Unfortunately there doesn't appear to be any basis for a claim against Home Depot. They provide a parking area for the convenience of their customers, but that doesn't obligate them to protect a customer's vehicle while it's there. It's a park at your own risk situation. Access to video tapes is at the discretion of Home Depot, unless there is a lawsuit filed and they are either requested via discovery (as in if you sued them directly) or via subpoena (as in you sue someone else, and request that Home Depot produce the tape). And unless that was done quickly, any footage they may have had may have already been destroyed.

Wish I had better options for you, but he may be stuck with his deductible on this one.

Posted

i WOULD CONSIDER FILING A LAWSUIT AND SUBPEONA THE TAPES. I WOULD ALSO BE INTERESTED IN KNOWING IF THERE WERE ANY OTHER TYPES OF ACCIDENTS/HIT AND RUNS. WERE THERE ANY SIGNS POSTED THAT SAID YOU WERE PARKING AT YOUR OWN RISK. ETC. ARE YOU SURE THAT SOMEONE HAD SMASHED INTO THE TRUCK. IS IT POSSIBLE THAT THE ACCIDENT HAPPENED IN SOME OTHER MANNER? WERE THERE ANY WITNESSES?

EVAN OSHAN
LAW OFFICES OF EVAN M. OSHANDISCLAIMER

Disclaimer to answers posted in internet newsgroups, message boards and websites may not and mst not be relied on as legal advise: The information provided in these answers should be viewed as general information on legal issues presented . Therefore, the answers provided by Evan M. Oshan, The Law Office of Evan Oshan, and Oshan & Associates, P.C. should not be viewed as legal advise firm and is not a substitute for an legal advise by a retained attorney or law firm. Answers presented do not create the attorney client privledge

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