Blackwater Law personal injury solicitors advised and represent Ms Clark after she was seriously injured in an accident whilst a passenger on a motorcycle.
Posted on 30th August 2024
When you are involved in an accident, collecting evidence is crucial for a successful personal injury claim. CCTV footage can often provide invaluable insights into the circumstances surrounding the incident, potentially strengthening your case.
In the UK, individuals have specific rights regarding requesting CCTV footage for personal injury claims.
When to request CCTV footage to support your personal injury claim
- Immediately after the accident: If possible, inform the relevant authorities (e.g. police) about the incident and request that CCTV footage be preserved.
- When seeking legal advice: Consult with a personal injury solicitor who can guide you through the process of requesting CCTV footage and assess its potential value to your claim.
How to request CCTV footage
- Identify the location: Determine where the accident occurred and the owner or operator of the premises (e.g., a business, public building, or private property).
- Make a formal request: Write a letter or email to the owner or operator, clearly stating your request for CCTV footage related to the specific date and time of the accident. Provide your contact information and any relevant details about the incident.
- Be persistent: If you don’t receive a response within a reasonable timeframe, follow up with a phone call or email. Be polite but firm in your request.
Your rights to CCTV footage
Under UK law, individuals generally have a right to access CCTV footage that directly concerns them. However, there are certain exceptions:
- Data protection laws: The Data Protection Act 2018 imposes restrictions on the processing of personal data, including CCTV footage. The owner or operator of the premises may need to justify the processing of your data and comply with relevant data protection principles.
- Third party interests: If the CCTV footage involves third parties who have a legitimate interest in keeping it private, the owner or operator may need to balance your request with their rights.
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The role of a personal injury solicitor
A qualified personal injury solicitor can provide invaluable assistance throughout the process of collecting CCTV evidence. They can:
- Advise you on your rights: Help you understand your legal rights and obligations regarding CCTV footage.
- Draft formal requests: Prepare letters or emails to request CCTV footage on your behalf.
- Negotiate with the owner or operator: Advocate for your interests and help resolve any disputes related to the release of footage.
- Analyse the footage: Assess the relevance and potential impact of the CCTV footage on your claim.
- Represent you in court: If necessary, present the CCTV evidence as part of your personal injury case.
Remember…
While CCTV footage can be a valuable asset in a personal injury claim, it’s essential to consult with a legal professional to ensure that your rights are protected and that the evidence is presented effectively.
Speak to one of our personal injury solicitors for free initial advice and support in relation to making a claim, including whether to obtain CCTV footage to support it.
