When pursuing compensation for personal injury, having evidence is critical. CCTV footage is a powerful tool that can provide a clear, unbiased record of events.
Video evidence is often instrumental in proving liability and supporting personal injury claims. Whether you’ve been involved in a road traffic accident, suffered a slip or trip or sustained an injury at work, CCTV can make all the difference in establishing fault.
So, can you request CCTV footage of an accident? Let’s explain.
Why is CCTV footage important for personal injury claims?
Camera recordings can strengthen your case in several ways:
- Unbiased evidence: It provides an impartial account of what happened.
- Conflict resolution: When there are conflicting testimonies, CCTV can clarify what truly occurred.
- Proof of negligence: It may capture hazardous conditions, unsafe actions, or negligence leading to the incident.
For example, in pedestrian injury claims, CCTV footage might capture a driver’s actions or poor road conditions that contributed to the accident. This clarity can be decisive in determining fault and securing compensation.
What are your rights to access CCTV footage?
When gathering evidence, it’s important to know what your rights are when trying to obtain CCTV footage of the accident. Here’s what you need to know:
- Data protection laws for CCTV: Under the Data Protection Act 2018, individuals have the right to access personal data held about them, which includes CCTV recordings where they are identifiable.
- Subject Access Request for CCTV footage: You can formally request footage of yourself through a Subject Access Request (SAR) to the organisation that owns the CCTV system (e.g., a business, council, or transport operator) to request footage that contains your image. The organisation typically has one month to respond, but they may extend this under certain circumstances
- Privacy limitations: Footage involving other identifiable individuals may not be shared outright but should still be reviewed for relevant portions.
It’s important to act quickly, as most systems retain footage for only 30 days before it’s deleted.
How to request CCTV footage
Identify the CCTV owner
The first step is determining who controls the camera. This could include:
- Local councils: For street and public-space cameras.
- Businesses: Shops, restaurants, or offices with private CCTV systems.
- Individuals: Homeowners with security cameras near the accident site.
Signs near cameras often indicate ownership, but if you’re unsure, you can contact local authorities for guidance.
Make a Subject Access Request (SAR)
To make a subject access request for CCTV footage, follow these steps:
- Write a clear request detailing the date, time, and location of the incident.
- Include identifying details, like clothing or other specifics, to make locating the footage easier.
- Attach proof of ID, such as a driving licence or passport.
A well-prepared SAR ensures compliance with data protection laws, CCTV requirements and helps avoid delays.
Work with councils or businesses
The process for requesting footage may vary:
- Local councils: Often have structured application forms and timelines.
- Private businesses: Requests may require direct negotiation or additional documentation.
If you’re unsure how to request captured footage, a solicitor can handle the process on your behalf, ensuring accuracy and efficiency.
Why you should act quickly
Time is of the essence when seeking video evidence for compensation claims. Most systems only store recordings for 30 days, making it essential to act promptly. Delaying your request increases the risk of critical evidence being overwritten or deleted, potentially weakening your case.
What happens if your request is denied?
If your request for CCTV footage is refused, it’s important to understand why. Common reasons include:
- Privacy concerns: Footage containing other identifiable individuals may be restricted.
- Technical issues: Lost or damaged recordings could make the footage unavailable.
Should you believe the refusal is unjustified, seek legal assistance to protect your rights regarding camera recordings and ensure fair treatment.
How can a solicitor help you obtain CCTV footage?
Solicitors with expertise in personal injury claims can simplify the process of obtaining evidence, including CCTV footage. They can:
- Draft and submit a subject access request for video evidence.
- Negotiate with councils or businesses reluctant to release recordings.
- Handle complex situations involving privacy concerns or legal roadblocks.
Many firms, like Injury Lawyers 4u offer no win, no fee services, ensuring that everyone has access to legal support without financial risk.
Other evidence to strengthen your claim
Captured footage is highly effective but should be supported by other evidence for a strong case. Consider gathering:
- Medical records: These verify the extent and impact of your injuries.
- Photographs: Visual documentation of the accident scene, injuries, and damage.
- Witness statements: Statements from those present add credibility to your account.
When combined with CCTV footage for personal injury claims, these forms of evidence create a compelling case for compensation.
Taking the next steps in your personal injury claim
Understanding how to request CCTV footage and acting quickly to secure it can significantly enhance your claim. For expert advice and assistance, contact Injury Lawyers 4u. Our expert lawyers have over 20 years experience in personal injury, and can guide you through the process and help access the evidence you need for a successful claim.