My car was hit in front of a Bank in Fontana, CA. The driver apparently was on her phone when she hit the driver side front of my car as I was coming to a stop, and has since changed her statement. Now her insurance company is dragging their feet our our claim. The Bank Security Company was very helpful and stated to either have an Officer request release of the footage, or Subpoena the data. Of course the Police Department did not want to assist, and I know the tape will confirm who was at fault. Is there a process where I can Subpoena the video without going to court, so my Insurance Company can use this on our behalf, or do I have to file a Small Claims Suit first. I want to get this video before it is erased. Thanks
You sound like you have a good case here. You should immediately contact a local California attorney to ensure you are receiving the maximum representation. I have represented clients in the past in your exact situation and we were able to gain the video. sue the other women for a multitude of things, and ultimately a very successful payday arrived to my client. Most of us offer free consultations so you have everything to gain by calling someone for a consultation today. I wish you the very best in this case.
It is unlikely the bank will produce the video without a subpoena or police request, but one thing you can do right away is send them a letter (certified/return receipt) demanding that they preserve the video as it may contain evidence relevant to your case. Make sure to state the exact date and time of the accident, and since time is of the essence, you may want to also drop off a copy of the letter at the branch right away. As you seem to know already, you would be able to subpoena the video to support a small claims case, but unfortunately you would not be able to see it in advance, unless the bank agrees to give it to you before the hearing. http://www.courts.ca.gov/documents/sc107.pdf
You should consult an attorney ASAP. There are countless objections to you gaining access to the video and an attorney will be able to navigate through them quickly and efficiently. If you feel you don't need an attorney simply put your request in writing but they will likely object claiming privileged.
You should immediately seek the advice and counsel of a local personal injury attorney. They can place the bank on notice to not spoliate evidence, and moreover, to answer your question on point, they can file suit even if it never goes all the way to trial and subpoena the tape. If you weren't injured, at least they can assist in resolution of your car damage claim.
Richard Andrew HartingPersonal Injury LawyerLong Beach, CA ·
We have been successful sending a demand to preserve evidence letter along with a request to forward a copy of the video with an offer to pay all expense for copying
