What are my rights to a surveillance tape that proves I bear no fault for an accident?

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What are my rights to a surveillance tape that proves I bear no fault for an accident?

I was in an accident in a parking lot where I was traveling down my lane and collided with someone who was driving through all the lanes across the white lines. Their insurance is trying to assign me partial fault because they say I may have been speeding. Surveillance cameras in the parking lot caught the accident but will not release the footage without a subpoena. I was not speeding and do not agree that I was even partially at fault. The other party’s insurance say they will not change their decision. What should I do?

Asked on November 23, 2014 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you believe that the tape will exonerate you, then you should subpoena it: they are not required to give a copy of it to you except pursuant to court process or a court order. If you are unsure of how to subpoena or uncomfortable with the process, hire an attorney to help you; the lawyer can also help you more generally defend against liability and also seek compensation from the at-fault driver. (It doesn't matter if the other party's insurance claims they will not change their decision, since 1) when presented with evidence, such as the tape, they may choose to; and 2) you could always sue their driver and let the court decide who was at fault.)


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