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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70198
Experience:  Over 5 years in practice
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I have been in an incident with a bus. The bus driver hit

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I have been in an incident with a bus. The bus driver hit my car from behind. Unfortunately, his account and my account don't match. The initial footage he sent from the bus was dark, rainy, and didn't really prove anyone's viewpoint. The bus company has sent NEW video footage over to my insurance company. My insurance company has let me know that due to the footage, they are planning on closing the case and ruling against me. They say that the footage doesn't precisely match my version (though they admit the differences are minor) and that because my account differs from the video that I wouldn't be credible enough as a witness.
I'm surprised. I'm not saying that it's impossible for my memory to be wrong--but to be struck from behind and lose the claim seems like I would have to be driving VERY erratically. I certainly wasn't.
I have asked if I could see the video. What they are describing does not accurately describe what happened, I believe, in several ways.
They have not shared the video footage with me yet. They claim they need to look into data protection laws. The last communication was about 8 weeks ago. Do I have a right to see this footage which is being used against me? It's from a city centre public bus, it supposedly features me, and it is evidence being used against me. I feel like I should be allowed to view it. Can you advise?
Thanks in advance.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 1 year ago.
Hi Jo,
I've just posted a question about whether or not I have the legal right to see bus footage being used in an argument about a traffic accident (that I'm involved with). Are you able to see it?
Customer: replied 1 year ago.
Hello,
Just checking--is there anyone there reading this?
Customer: replied 1 year ago.
I'm going to leave this window open until 15:35. If I don't get a response I'll assume something's gone wrong and ask for a rebate.
Expert:  Jo C. replied 1 year ago.
I have read the facts above but they do not contain a question?
Customer: replied 1 year ago.
OK--let me re-paste the question I originally posted. Perhaps you couldn't see it.
Customer: replied 1 year ago.
I have been in an incident with a bus....
I have been in an incident with a bus. The bus driver hit my car from behind. Unfortunately, his account and my account don't match. The initial footage he sent from the bus was dark, rainy, and didn't really prove anyone's viewpoint. The bus company has sent NEW video footage over to myinsurance company. My insurance company has let me know that due to the footage, they are planning on closing the case and ruling against me. They say that the footage doesn't precisely match my version (though they admit the differences are minor) and that because my account differs from the video that I wouldn't be credible enough as a witness.
I'm surprised. I'm not saying that it's impossible for my memory to be wrong--but to be struck from behind and lose the claim seems like I would have to be driving VERY erratically. I certainly wasn't.
I have asked if I could see the video. What they are describing does not accurately describe what happened, I believe, in several ways.
They have not shared the video footage with me yet. They claim they need to look into data protection laws. The last communication was about 8 weeks ago. Do I have a right to see this footage which is being used against me? It's from a city centre public bus, it supposedly features me, and it is evidence being used against me. I feel like I should be allowed to view it. Can you advise?
Thanks in advance.Log story short: Am I legally entitled to view the bus camera footage that the bus company has sent my insurance company?
Expert:  Jo C. replied 1 year ago.
No. At least, you could ask and the insurance company may agree.However, if they do refuse then you cannot demand it. The insurance company are liable on your behalf and are making a risk management decision over the merits of the claim.If you are prepared to sue the other driver personally then I suppose you could seek a court order for disclosure of this evidence although one would imagine they would be the first to provide it willinginly in the circumstances.If that you take that action though you risk costs I'm afraid.Can I clarify anything for you?Jo
Customer: replied 1 year ago.
No, that is helpful thank you.
I'm disappointed that I have no legal right to the video. Especially as I'm suspicious of it. I suppose the only way I'll be able to show my dissatisfaction, in this case is to switch insurance providers (I'm not happy with their outcome here). But I do thank you for your expertise.
Expert:  Jo C. replied 1 year ago.
Yes, that is absolutely right.
It is because they are liable rather than you so they make that decision.
You can leave though if you are displeased.
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