How Insurance Companies Use Surveillance in Car Accidents

Surveillance cameras are everywhere – in businesses, parking lots, traffic intersections, and even private residences. People also have cameras on their phones. So, if a camera did not catch a car accident, an iPhone likely did. When a car accident occurs, surveillance footage can provide crucial evidence in a personal injury claim by showing exactly what happened. However, obtaining and using surveillance video is not always straightforward. For someone involved in a car wreck in Maryland, surveillance footage can be one of the most important pieces of evidence in their pursuit for financial compensation for their injuries, and property damage.

These video recordings often reveal key details about how the car accident occurred, clarify who may be at fault for the accident, and provide vital support for an insurance claim or legal case, helping them move forward during a difficult time. Car accidents are stressful, but the stress does not always end once the car crash is over. If you have filed a personal injury claim, your insurance company may start watching you – literally. Surveillance is a tool used by insurers to verify personal injury claims, but it can feel like an invasion of privacy.

Understanding how and why insurance companies conduct surveillance can help you protect your rights and ensure your legitimate claim is not unfairly denied. This article explains how surveillance footage can impact personal injury claims in Maryland, how to obtain video evidence, and what legal challenges may arise when using recorded footage.

Why Surveillance Footage Matters After a Maryland Car Accident

Surveillance footage can be a critical piece of evidence after an auto collision. It can offer a clear and unbiased account of events. Unlike witness testimony, which can be inconsistent or inaccurate, surveillance footage provides a visual record of what occurred. Video evidence can be particularly valuable in:

• Proving fault – Surveillance footage can reveal who caused the car accident, whether by running a red traffic light, speeding, or other forms of reckless driving.
• Supporting an insurance claim – Having video evidence can make it easier to negotiate with insurance companies and increase the chances of a favorable outcome.
• Documenting road conditions – Footage can also capture environmental factors, such as weather, traffic flow, or road hazards, that may have contributed to the auto crash, providing a fuller picture of the circumstances surrounding the car accident.
• Strengthening legal cases – If the car crash leads to a lawsuit, surveillance footage can be a powerful tool for attorneys working to prove liability.
• Proving injury severity – Surveillance footage can capture the force of impact and the moments immediately after the car wreck, offering visual evidence that may help demonstrate the seriousness of injuries sustained, which can be helpful when negotiating compensation or presenting a case in court.

Securing surveillance footage can be complicated, especially if footage is being withheld. A car crash accident lawyer can assist in filing subpoenas, negotiating with businesses or private individuals, and ensuring that any available footage is preserved for use in an insurance claim or at trial. Additionally, a lawyer can help gather other evidence, such as police reports and witness statements, to build a strong case if surveillance footage is not obtainable.

Steps to Obtain Surveillance Footage in Maryland

To understand where to look for video footage, it is helpful to know the different types of cameras that might record a car crash: traffic cameras, private security cameras, businesses, parking lots, and residential properties, dash cameras, publicly owned cameras on government buildings and public transportation systems, for example. Here are the key steps to follow to secure surveillance footage after an auto accident in Maryland:

• Identify nearby cameras – The first step in obtaining camera footage is identifying the potential sources of surveillance cameras near the car crash scene. Check for traffic cameras at intersections, security cameras at businesses, and private cameras on residential properties. If the car collision occurred in a parking lot or near a busy commercial area, there is a good chance a camera may have recorded it.
• Act quickly to preserve the footage – Surveillance systems typically have limited storage capacity, meaning older footage is often overwritten after a few days or weeks. It is important to request the footage as soon as possible to prevent it from being lost. Delaying the request may reduce the chances of obtaining the footage.
• Contact private businesses – If the car accident occurred near a business with security cameras, the next step is to contact the business and politely request access to the footage. Most businesses require an official request and some may need legal documentation like a subpoena.
• Ask residents for footage – For car collisions that occur in residential areas, homeowners may have security cameras that captured the car crash. In such cases, the best approach is to ask residents directly if their cameras recorded the incident.
• Request traffic camera footage – If the auto accident happened at or near an intersection, traffic cameras may have captured the incident. These cameras are typically operated by government agencies. The Maryland Department of Transportation (MDOT) does not have any method for storing traffic camera footage. MDOT maintains live traffic cameras throughout the state to monitor weather and traffic conditions.
• Filing a subpoena – If informal requests for surveillance footage are denied or ignored, a subpoena may be required to obtain the video footage. A subpoena is a legal order compelling the release of specific evidence, such as surveillance video. A car crash attorney can help file a subpoena, which is typically necessary if a business, private individual, or government agency is unwilling to share footage voluntarily.

Surveillance footage is not always easy to access, and in many cases, it may be deleted or overwritten if not requested quickly. Many injured car crash victims and their families rely on automobile accident attorneys to inquire about and obtain important video evidence.

Legal Considerations When Requesting Surveillance Footage

While anyone involved in a car collision has the right to seek out surveillance footage, there are several legal factors to keep in mind. For example, Maryland does not legally require businesses to release surveillance footage unless there is a court order or subpoena. But many businesses cooperate when a formal request by a lawyer is made. Other factors to consider include:

• Privacy laws – Some camera owners may refuse to release footage due to privacy concerns. However, footage of public spaces, such as roadways or parking lots, is generally not protected by privacy laws.
• Private property – Like businesses, Maryland does not require homeowners to release footage, even if their cameras recorded the car accident. In these cases, obtaining a subpoena through legal channels may be the only way to secure the video.

The Best Way to Address Surveillance Footage in a Car Accident Case

The best way to address an insurance company’s attempt to use video surveillance footage against you is to be honest. Do not exaggerate your injuries or lie about what happened to you. If you lie about one thing, your credibility will come into question, and any legitimate injuries that you sustained may not be given sufficient weight. To ensure a fair assessment and valuation of your injuries, be honest with everyone.

Contact the Law Offices of Larry B. Litt Today

If you or a loved one has been injured in a car accident and suspect your insurance company is watching you, or if you have already been shown video surveillance, do not try to handle it alone. An experienced personal injury attorney can help you understand your rights, interpret what surveillance footage really means, and defend your claim against unfair tactics. They will also make sure you are not harassed or misrepresented by the very system meant to support you.

Maryland cases are rarely cut and dry. Each case comes with its unique obstacles. The legal team at the Law Offices of Larry B. Litt is familiar with the different types of challenges associated with personal injury claims, including dealing with video surveillance evidence. We can put that experience to work for you. Contact us today at 443-844-1528 and schedule a free consultation.