How To Request CCTV Accident Footage For Your Compensation Claim

Closed Circuit Television (CCTV)

Closed Circuit Television (CCTV)

Have you been injured or made ill because of an accident that was caused by negligence on the part of a business, organisation or another third party? If you have been injured or made ill because of an accident that was not your fault, you could be eligible to make a personal injury claim for compensation. To make a claim you can use a personal injury solicitor to handle your case if you want to. As part of the personal injury claims process, you or your solicitor may need to present evidence to prove that you were injured or made ill because of negligence on the part of another party that owed you a duty of care. If your accident was captured by CCTV, you can use this evidence to claim compensation. In this guide, we will explain how to request CCTV footage and gain access to surveillance camera footage after an accident. We will also explain how to make a personal injury claim for your accident.

There is no law saying that you need a personal injury solicitor to represent your case but if you chose to use one Accident Claims UK could provide you with an experienced solicitor to handle your claim. We have a well respected panel of personal injury solicitors who could handle claims up and down the UK. Our solicitors have up to thirty years of experience handling accident claims, so your claim is bound to be in safe hands. What’s more, your solicitor will always push to win you the maximum amount of compensation that you could be entitled to claim for your specific case.

To begin your personal injury claims process call Accident Claims UK today on 0800 073 8801 for your free consultation. If after speaking to you in-depth about your ordeal, we can see you have valid grounds on which to make a compensation claim, we could provide you with a knowledgeable personal injury solicitor to handle your claim, who will start working on your case right away. Call now to see how much compensation you could claim. We’re looking forward to hearing from you.

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A Guide On How To Get CCTV Footage For Your Accident Claim

In Great Britain, there are an estimated 4 to 5.9 million CCTV cameras in operation. CCTV cameras operate in public spaces, on privately owned land and on business premises, such as a shop. Although some people have concerns about the over surveillance of society, others argue that because CCTV footage can be used as evidence in a civil case or criminal case, it can actually be very helpful. For example, a study by Nottingham Trent University shows the importance of CCTV evidence. It found that in 65% of Police investigations CCTV footage was helpful. What’s more, the probability of a crime being resolved increased from 23% to 48%. If you are a private citizen who wishes to make a personal injury claim for compensation the good news is that CCTV accident footage can also be used to support your personal injury claim, whether your claim is settled out of court, or settled in a court of law.

In this guide to making a request for CCTV footage after an accident, we will explain how to make a data access request for CCTV footage, what role CCTV accident footage can play in your claim and will explain any problems you may have accessing CCTV footage. We will also explain how to make a successful compensation claim and how to find the right accident claims lawyer to handle your case.

Remember, if you have been injured or made ill because of an accident that was not your fault, you could be entitled to claim compensation. Call Accident Claims UK or use our online claims form, to find the right accident claims solicitor to handle your case.

What Role Could CCTV Footage Play In A Personal Injury Claim?

To make a successful personal injury claim, the claimant or claimant’s lawyer may have to present evidence to prove that they were injured or caused harm because of negligence on the part of another party. CCTV footage can be especially helpful if there is no other way of obtaining evidence. For example, if there were no eyewitnesses to back up the injured person’s claim or the eyewitnesses are giving contradictory statements. In some cases the defendant may dispute that they are liable (responsible) for the injuries and argue that the claimant caused the accident by misbehaving or making an error in judgement.

How Long Do CCTV Operators Retain Footage?

If you are thinking of getting access to surveillance camera footage after an accident, you must bear in mind that most organisations do not retain CCTV footage permanently. At Accident Claims UK our clients often ask us, “How long do councils keep CCTV footage?”, “How long do stores keep CCTV footage?” The police recommend that organisations and businesses that film CCTV footage, retain the footage for 31 days at a time. However, some organisations keep CCTV footage for less time. For example, Transport For London (TFL) only keeps footage from the London Underground trains for 72 hours. If you are injured or made ill in an accident that was not your fault, requesting CCTV footage of the accident should be a priority. If you are seriously harmed to make the request yourself, get a friend or family member to do it.

When Could CCTV Footage Be Disclosed To Me?

We often get asked, “how to get road CCTV footage?”, “how to get CCTV footage from traffic lights?” or “how to get CCTV footage from a council?

If you have been involved in an accident due to Data Protection you have the right to request access to CCTV of the accident. We will now look at what your rights are, and advise you on how to make a data access request.

Your Right To See CCTV Footage Under The Data Protection Act

The Information Commissioner’s Office (ICO States that the Data Protection Act 1998) gives individuals the right to access information that is held about them, by another party.

Who can view CCTV footage? Under the Data Protection Act 1998, a person may request access to CCTV accident footage, showing them or their property. If you require CCTV accident footage showing you or your property, where other people are also visible, the other people’s faces may be blurred out to protect their privacy.

What Is A Subject Access Request?

Clients often ask us how to get CCTV footage of themselves. To request CCTV footage after an accident you need to send a Subject Access Request (SAR) to the owner of the camera in writing. Remember that CCTV footage is usually kept only a short while so following an accident it is important to act quickly.

How to submit a Subject Access Request:

  • Identify who owns the CCTV camera. This may be obvious, for example, if you had an accident in a shop or on the grounds of a business. If not, the owner of the CCTV camera will usually be identified on a sign on, or around the camera.
  • Send a Subject Access Request to the owner of the CCTV camera, requesting the footage you require in writing.
  • To prove that you are the person you are requesting to see footage of, provide copies of ID in your Subject Access Request.
  • You should also include the following in your written request: the date and time of the accident you wish to gain footage of, a description of yourself and a description of the accident that happened.

The owner of the CCTV footage should charge you £10 for requesting CCTV footage. How long does it take to get ATM footage or CCTV footage of other situations? The owner of the footage should provide you with the footage within 30 calendar days of you making your data access request for CCTV footage.

This government guide to getting access to surveillance camera footage after an accident, has more information.

Problems Accessing CCTV Footage

There maybe reasons when CCTV footage may not be accessible, firstly, the footage may be being used by the Police in a criminal investigation, which will be put at risk if it is released. The footage may also not be made available to you if other people appear in the footage, although providers will often get around this by obscuring the faces of the other individuals in the pictures to protect their privacy.

Unfortunately, there are other instances where companies and organisations are reluctant to release CCTV footage. For example, researchers at the Open University Milton Keynes made 17 Subject Access Requests to receive CCTV footage in which they appeared. Unfortunately, they only received the footage 6 out of 17 times.

Collecting Evidence For A Personal Injury Claim

If you are injured or made ill because of an accident that was not your fault, you could be entitled to claim compensation. To claim compensation, your personal injury lawyer will have to present evidence that another party was at fault for your injuries/illness through negligence. As well as using CCTV footage, there are many other things you can do at the scene of your accident to collect evidence to support your claim.

Of course if you are seriously or critically injured or ill your first priority should be getting the right medical help, calling an ambulance if necessary. A friend or family member can stay behind and collect evidence to support your claim, if possible.

How to collect evidence to support your personal injury claim:

  • Talk to eyewitnesses, take down their names and contact details. They may be able to testify on your behalf later on.
  • Collect photographic evidence by taking pictures, using a date stamp if possible. You can photograph the hazard that caused your accident, your injuries if they are visible or any damage to your property.
  • If you are involved in a road traffic accident, speak to the other driver and exchange contact details. Make a note of the license plate number, colour, model and make of the other vehicle. After your accident do not sign anything given to you by the other driver, their lawyer, or their insurance company without first consulting your solicitor.
  • If you make any purchases relating to your accident keep the receipt. This can include taking a taxi to the hospital or buying medication. This can be used as evidence and you may be able to reclaim the costs as special damages.
  • Go to a doctor’s surgery or hospital Accident & Emergency (A&E) department, for treatment. Not only will you get the medical care that you need but you will receive a medical report which will provide evidence of your injuries.
  • If you are injured in a workplace or within the grounds of a business premises such as a shop or hotel, report your injury to the management and make sure that the details are accurately recorded in the accident book.

CCTV Data Protection Considerations For Businesses

If your business uses CCTV to protect itself, you must display a sign informing people that use the premises that they are being filmed. Only required personnel must be able to see the footage for appropriate business purposes. You must not release the CCTV footage to be used in a way that was not intended, for example releasing images or the film to the media, or publishing footage on the internet. The Information Commissioner’s Office must also be informed of your intention to film CCTV footage on your business premises.

Is CCTV covered under GDPR? Yes. If you receive a request for CCTV footage after an accident, from an individual who was involved, then you must provide them the footage within 40 working days. If other people appear in the footage you must obtain written permission from them to use the footage or blur their faces in order to protect their privacy.

How Compensation For Injuries Is Calculated

If you make a successful personal injury claim, your compensation package will include general damages and special damages. General damages are the primary part of a compensation claim and are usually the largest part. They are awarded to compensate the injured person for the pain, suffering and loss of amenity that they have experienced as a result of their injuries/illness. If you have been injured or made ill because of an accident that was not your fault, you are probably curious to find out how much compensation you could potentially claim. Use our personal injury claims calculator to estimate how much compensation you could claim in general damages for your injuries.

Location of injuryCompensation (With Uplift)Injury Comments
Hand Injuries£132,040 to £189,110Total or Effective Loss of Both Hands
Hand Injuries£52,310 to £79,360 Serious Damage to Both Hands
Hand Injuries£27,220 to £58,100Serious Hand Injuries
Leg Injuries£90,320 to £127,530The Most Serious
Leg Injuries£51,460 to £85,600Very Serious
Knee Injuries£65,440 to £90,290Severe
Knee Injuries£13,920 to £24,580Moderate
Ankle Injuries£46,980 to £65,420Very Severe
Ankle Injuries£12,900 to £24,950Moderate
Toe Injuries£12,900 to £29,770Severe
Toe InjuriesUp to £9,010Moderate

The calculator does not estimate how much you could claim in special damages. We will give you more information about claiming special damages for an accident, below.

How Are Special Damages Calculated?

In addition to general damages, successful claimants are also awarded special damages. These are reimbursement for any expenses the client has experienced because of their injuries. These can include the following:

  • Medical expenses: This can include reimbursement for medicines, surgery, physiotherapy or any other type of medical treatment.
  • Travel expenses: You can claim back the cost of parking at a hospital, taking a taxi to the hospital, or alternative transport if you couldn’t drive after your injuries.
    Home and car adaptations expenses: You can claim funds to adapt your home or car as needed if you have been made disabled by your accident.
  • Mobility equipment: If you have been made disabled by your accident you can claim compensation for any mobility equipment you may need.
  • Care expenses: If you are now in need of at-home care, you can claim funds to pay for this.
  • Loss of income: This can include reimbursement of any salary payments or in-work benefits you missed out on, whilst you were recovering from your injuries or any future loss of earnings.

No Win No Fee Claims For Accidents And Injuries

If you claim compensation with Accident Claims UK, you will get the option to make a no win no fee claim. This means that instead of paying an upfront fee, you will only have to pay your solicitors fee if you win. For many of our clients, it is the more affordable way to claim, as your solicitor fee is deducted from your compensation packet. It also means that there is less financial risk involved for you, because you won’t have to pay your solicitors fee in the unlikely circumstances that you don’t win.

To learn more about no win no fee and begin your personal injury claim, call Accident Claims UK today for your free consultation.

Let Our Solicitors Do The Hard Work For You

To make a personal injury claim you may want to use an accident claims solicitor, like the ones that Accident Claims UK can provide. Call us today to find a solicitor and we can collect your CCTV footage on your behalf, as part of the personal injury claims process.

Begin Your Injury Claim

To begin your accident claim for compensation call Accident Claims UK today for your free consultation, or use our online claims form to contact us. If we can see that you have a valid compensation claim, one of our excellent lawyers will start working on your claim as soon as possible. Call now, we’re looking forward to hearing from you.

Helpful Resources

A Government Guide To Requesting CCTV Footage Of Yourself – Further information relating to obtaining CCTV footage.

A Government Guide To Data Protection And Your Business – Data protection information for businesses.

The Information Commissioner’s Office Guide To CCTV Filming Carried Out By Others – Related information from the ICO.

A Guide To Car Accident Claims – How Much Compensation Can I Claim For A Car Accident? – Our guide on how to claim compensation for a car crash.

Accident At Work Claims – How Much Compensation Can I Claim? – Our guide on how much you could claim if injured in the workplace.

Article by RB

Edited by MM.