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Business won't release surveillance footage of accident

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JG24482

Junior Member
I live in CA.

The accident happened when I was pulling into a parking lot that runs parallel to a street. The two are maybe five feet from each other.

I'm pulling into the drive when bam! A lady in an SUV who had been stopped at the stop sign for the street rams into me. She gunned her gas pedal, and now my bumper needs replacing.

Unfortunately, my dash cam didn't get the crash because the accident happened during a pause for the loop recording. But lucky me. The business nearby has a security cam pointed in that direction.

I attempted to file a police report but city cops wouldn't come. They said all traffic collisions are now the responsibility of the CHP. Wonderful. I didn't want us to wait 40-45 minutes for an officer to show up.

We exchange info and are on our way. I drive back the next day and ask the business permission to view the footage. They say unless I have a court order or police order I won't be able to have any footage. Fine I understand that.

But they said the footage will be erased within seven days. 3 days have passed. I had an extremely busy last few days at work and haven't been able to contact the other insurance company. I did let mine know the next morning after the day of the crash. I plan on calling the other insurance this morning when they open.

Basically, it's a rear ended type crash but a complex one because of how the parking lot driveway and the street are set up to the main road. I know in CA road laws I had the right of way since I was still on the main road and getting ready to turn. The lady in the SUV was not clear to pull out. The way she hit my bumper was because as she was pulling out of the street, I was turning right into the driveway from the main road.

What do I need to do to make sure the business hands over the evidence? I'm driving down to CHP later to see if I can get a police order. Or at least something to prevent the business from erasing the footage.

I'm worried because the lady tried to argue because there was already blue paint (from when I slightly backed into a pole at 2mph) that she didn't cause the damage. But there is still a big paint transfer matching her car color.
 


justalayman

Senior Member
You so what you are doing. The business has no obligation to retain the footage without a courts order. If they wil retain it at the request of the cops, all the better for you. If the police refuse to do anything or the business refuses after all, it's unlikely you would have time to get before a judge seeking a courts order.


Your delay, regardless of how busy you are at work or anything else is entirely on you. (Not being snippy. Just telling you it won't make
Any difference to anybody but you.)
 

adjusterjack

Senior Member
What do I need to do to make sure the business hands over the evidence?
You can file a lawsuit and, at the same time, have a subpoena issued and serve it on the business.

Whether you can get that done by the end of the week is anybody's guess.

Or, you can go back to the business with some hundred dollar bills and see if they will sell you the video before it gets erased.
 

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