Do Insurance Companies Get Footage from Traffic Cameras in Philadelphia?

There is a public perception that traffic cameras are everywhere and that they catch everything we do on camera.  If this were the case, then auto accident cases would be a breeze, given that every accident would be caught on tape, and we could show the footage to the juries so that they could decide every case correctly.  In reality, traffic camera footage is not always available to insurance companies.

If there is traffic camera footage of the accident, and your case is being contested by an insurance company that wants to try to shift the blame away from their driver, they might get a copy of that footage.  However, not every traffic camera out there is set to record; some just broadcast live footage so that drivers and reporters can check in on current traffic conditions.  If there is footage available, insurance companies will often try to get it, but some cases might not need the video.

For help with your cat accident case, call The Reiff Law Firm’s Philadelphia car accident lawyers today at (215) 709-6940.

Can Insurance Companies Request Traffic Camera Footage in Philadelphia?

Pennsylvania has traffic cameras all over the state, but many of them are simply set to stream footage live so drivers and news agencies can check on current traffic conditions.  Philadelphia also uses traffic cameras for speed enforcement and red light enforcement, which means that these cameras have to record footage.  But getting a copy of this video is not always as easy as you might guess.  Insurance companies have this first hurdle of being able to get footage in the first place.

Given the prevalence of these cameras, it is likely that a camera saw the accident, but it might not have saved footage that the insurance company can request.  Some third-party websites purport to sell camera footage from traffic cameras, and some police or PennDOT cameras might be subject to subpoenas for any recordings they have, but if there is no recording, there is nothing for the insurance company to collect.

In many cases, insurance companies, Philadelphia car accident lawyers, and drivers involved in litigation over car crashes turn to privately owned cameras instead.  If a home, store, ATM, or other building or business has its own security cameras, you can usually send a letter to them asking them to preserve a copy of the footage for potential litigation and request a copy of the video from them.

Through these options, some kind of video of the crash might be available, but the question of whether an insurance company will request it is a different question altogether.

When Do Insurance Companies Request Traffic Camera Video in Philly Car Accidents

All in all, whether an insurance company actually needs or wants a copy of the video in your car accident case will depend on a few factors.

Which Company?

First, which insurance company are we talking about?  Pennsylvania uses a choice no-fault system, where your own insurance pays for a lot of the damages in your case, and you often have the option for upgraded insurance that gives you even more coverage from your own insurance company.  In cases where you file for damages from your own insurance company, they do not need proof of who caused the accident, just proof that the crash happened and proof of how much your damages were worth.  In these cases, they usually do not need traffic footage unless they plan to get you or themselves reimbursed through the at-fault driver’s insurance.

However, if you are claiming damages from the at-fault driver’s insurance, that insurance company will want to see that their driver was at fault first before they will pay you anything, so they might look to traffic camera footage.

Are There Questions About Fault?

Second, the case actually needs to actually involve questions about fault.  If the at-fault driver has already admitted to fault and said the accident was their fault, it’s going to be hard for the insurance company to deny that.  As such, they might not bother collecting camera footage for a case they are going to lose anyway; their goal will just be to cut down how much they have to pay overall.  In some cases, traffic camera footage might show you are partly at fault, so they might still request the data, but often, insurance companies will simply look to settle these cases as cheaply as possible.

Did We Already Request Videos?

Third, the insurance company might not bother looking for traffic camera footage if we already have it.  Our lawyers can send letters and seek out traffic camera and security camera footage when building your case, and if we are able to obtain video and bring it to the insurance company at the start of your case, they will be able to view that video and use the evidence in deciding whether to pay your damages.  They might not bother looking for traffic cam video if we bring it to them.

Is it Financially “Worth It”?

Lastly, they might not bother looking for video of the crash if the case is a low-dollar crash.  Insurance companies hate spending money they don’t have to spend, and it might ultimately not be worth their time and expense to do additional research into the facts of a case they can settle for a relatively small cost.

How Do Insurance Companies Use Traffic Cam Footage in Car Accident Cases?

We hinted at a few of the ways that insurance companies use traffic camera footage before, but it is important to understand that there are at least three important ways they will try to use this video.

First, they can use it as proof of definitive fault.  Your crash might involve your side of the story and the other driver’s side of the story, but the traffic cam video is objective evidence.

Second, even in cases where their driver is clearly at fault to some degree, they can try to use traffic camera footage to show that there is more to the story.  If they can show something you did wrong on the video along with something their driver did wrong, they might be able to shift partial blame to you and lower the damages they have to pay by your percentage of fault.

Lastly, the video can potentially produce proof of other witnesses, other at-fault parties, and other people potentially involved in the case that either side might want to track down or subpoena.

Call Our Philadelphia Car Accident Attorneys Today

After a crash, call The Reiff Law Firm’s Allentown, PA car accident attorneys for help at (215) 709-6940.