This may require a subpoena. Consult an attorney in GA.
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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.
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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).
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 informational purposes only.No attorney-client relationship has been created hereby. Other attorneys may have different opinions or responses. If you found this response helpful, please indicate Best Answer to Avvo. Thank you.
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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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.
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