Request to provide video of a crash

[ScottV]

Last week a car was pulling into my wash when they were rear ended by a minivan. I was out of town and didnt know anything about it until the next day.

I just received a call from the husband of the "victim" and he asked me if he could get a copy off of my DVR showing the crash. I searched on that date and time and my system did record the accident.

Should I be concerned about giving this to him? He said that his wife was hospitalized after the crash and he "thought it would be neat" to get a copy of the video. It sounds like he is lawyering up and I didnt know if I should play a part in that effort.

Or should I just contact the State Police and offer a copy of it to them for their accident investigation?

ScottV

 

[MEP001]

I doubt there could be any liability on your part if you gave the video to them, but you might keep a second copy for yourself.

The police rarely investigate crashes unless a death is involved.

 

[Washmee]

I would be careful if I were you. I was sued years ago when the exact same thing happened in front of my wash. It was a busy day and the driver of the car that did the damage, claimed he was distracted by the line at the carwash. The rational was the so called "Shotgun" approach of lawyering. Sue everybody you can and hope they settle with you.

 

[Alan Bussey]

MEP001 -

Well, if it was a hit-and-run the police will investigate it. I can't see any harm in providing the video. Still, a quick phone call to an attorney couldn't hurt.

 

[rph9168]

In today's "sue crazy world" I would definitely seek legal advice before giving him the tape. You may have to anyway if they decided to take the accident to court and subpoena it as evidence. Like it or not you may become involved in the whole mess since the accident occurred on your property. Good luck.

 

[Whale of a Wash]

When someone gets hit from behind- its a pretty cut and dried problem- the one that hits someone from behind is always at fault in our state. For some reason they all need to prove a simple fact. As they stated it was an injury accident, I would provide it to an insurance company only. I would also add an administrative fee.You shouldn't be the one who does the work for free

 

[mjwalsh]

Whale a Wash makes a good point about a potential fee. Most of us do not have a lot of back up people to spare. We have had a VCR camera system since 1982 & updated that about 2002 with DVR. It has been exasperating the amount of time involved going back & examining the recordings with the police or other interested parties. On the flip side a guy thought he had left his jacket the other day in the dog wash & I think it did build good will letting him know the camera clearly showed him putting his jacket back on before leaving.

It comes down to a judgement call & weighing how important is the event & if something even more important is being neglected. One problem is the aggressiveness of those asking to see the recording. Another is sometimes it is the worst possible timing or the request where some fragile work is put in jeopardy. For the most part the cameras are an improvement over being totally in the dark as to what occurred or being too dependent on someone's version of an event. It is a little like civic involvement ---- sometime not taking the time can be an even greater problem. Civic involvement ---- even jury duty --- allows for the reality of time lost & some reimbursement.

ScottV, "Thinking it would be neat" doesn't sound like a very good reason unless you know the person really well.

 

[Randy]

Don’t give it to them. It might come back to haunt you. You never know how it might be used or used against you.

 

[MEP001]

Well, if it was a hit-and-run the police will investigate it.

Then I hereby amend my comment: Unless the crash is a hit-and-run or involves a death or serious injury, the police will rarely investigate it.

The advice you'll probably get from a lawyer is to provide it to both insurance companies if it's requested, or to the police if it's requested/subpoenaed. The reason I suggested a backup copy for yourself is because if they take it to court both parties will need it. If you give it to one party and they doctor it, you could become involved.

 

[ProCarWashes]

video

First off, notify the police that you do have a video of the crash. Do not give anyone but the authorities a video. A good lawyer can have any copy thrown out of court. The authorities will/should come to your place and watch you burn a copy for them off the machine or take your machine as evidence. Since there was no fatality and just property damage, I doubt there will be any interest from the police.

 

[ScottV]

Thanks for the advice guys! I did ask my attorney and he recommended not giving out copies of the video unless it is subpoenaed through a court proceeding. He also suggested that I notify my insurance company of the accident and make them aware of the video request.

 

[rph9168]

My guess is that the insurance companies will settle this. Let them fight out who is responsible. Unless there is a personal injury involved I doubt it would go any further. As many others have already said, don't release the tape unless it is to the authorities or you are legally required to do so. The incident did happen on your property so it is wise only to provide what is asked for by the proper authorities and nothing more.

 

[cebo]

I would play dumb and say it was not captured or was overwritten. This is a set up for a lawsuit and you will be in court as a defendant or witness. Either way it will cost you time or money. It would be different for a crime but it sounds like this guy is looking for some cash. In Alabama there is some arcane law about having to be next to the curb when turning right and BS lawsuits get filed by ambulance chasers hoping to milk a little out of wuss insurance companies because somebody turning right wasn't scrubbing their curls (curb feelers for ya'll not familiar with the local vernacular) when turning right.

 

[Greg Pack]

How about a new policy:" Due to privacy concerns we only distribute copies of video recordings at the request of a public safety official in the course of a criminal investigation or subpoena by court having jurisdiction." Alternately, we will distribute a copy if all parties (and parents of any children) present in the recording sign an agreement authorizing release of this document to the public domain (and agrees to hold your company harmless if it shows up on the internet) for the charge of XX.XX

Or something like that.

 

[Red Baron]

How about a new policy:" Due to privacy concerns we only distribute copies of video recordings at the request of a public safety official in the course of a criminal investigation or subpoena by court having jurisdiction." Alternately, we will distribute a copy if all parties (and parents of any children) present in the recording sign an agreement authorizing release of this document to the public domain (and agrees to hold your company harmless if it shows up on the internet) for the charge of XX.XX

Or something like that.

Hmmmm, yeah, if you get a hint that you're going to be invited to a lawsuit, I'd tell their attorney you need $500 for the video.