Access surveillance video after a vehicle accident on private property

SUFFOLK, Va. — These days it seems like there are cameras almost everywhere, but just because you’re being recorded doesn’t mean you can have access to that video.

In fact, one woman learns this the hard way while trying to find insurance after a car accident on private property.

“I had just gotten in the truck, and then, you know, I turned around to leave the parking lot, and it was only two seconds later that I felt like I was being thrown forward,” said Janice Spangenberg.

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Spangenberg’s vehicle suffered damage to the passenger door, passenger nerf bar and side mirror when she crashed leaving Sentara Family Medicine in Suffolk.

“I was a little shocked because (when I saw the damage) I was like, ‘Wow, this is really bad,'” she recalled.

After exchanging information with the other driver and calling police, she took her truck to a local car dealership. They offered him about $5,220 to repair all the damage.

“He said, ‘Wow.’ He said, ‘Someone really hit you, Janice,’ and I said, ‘Yeah, they did, Tommy,'” Spangenberg said.

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Spangenberg said it was bad timing. She just took out her comprehensive insurance on the truck to save money since she doesn’t drive it often.

After contacting the other driver’s insurance adjuster, she hoped surveillance video from the property would show what happened and absolve her of any liability.

“She said, ‘Well, it’s your word against his.’ She said, ‘I have to see the video,’ and she said, ‘Once I see the video, I’ll know whose fault it is,'” Spangenberg told me.

Spangenberg contacted Sentara Health and a representative sent him a letter saying in part:

Spangenberg shared that she was shocked to learn this information.

“This was filmed on their equipment, on their property. The only way to force them to produce this video footage would be to obtain a search warrant or subpoena,” said Bill O’Mara, managing partner at Cooper Hurley.

O’Mara said that typically, executing a search warrant takes time and there is no guarantee the company kept the video or even recorded it.

“It is very difficult for an ordinary citizen to get their hands on these images,” he explained.

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O’Mara suggests calling the police and waiting for them to arrive.

If their body cameras are rolling, you can submit a Freedom of Information Act (FOIA) request. It’s a law that gives you the right to request documents from the government.

It will take time and paperwork, but the results could be beneficial.

“I’ve been extremely fortunate to help people, the camera footage plays on the body camera, and even though I don’t have video of the accident itself, I have conversations with the two drivers and law enforcement very shortly after the accident,” O’Mara said.

“I got some great sound bites where maybe the other driver, after talking to the police, changed their story when the insurance companies got involved, and I was able to get admissions of fault on video “, he continued.

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He also said that companies cannot be held liable for an accident that occurs on their property unless you can show direct negligence on the part of the company that contributed to the wreck.

Because accidents happen all the time on private property, Spangenberg’s advice is to get insurance and act quickly. She hopes her story can help someone else find their way after an accident.