When it comes to personal injury claims, especially where liability is disputed, evidence is everything. The stronger your evidence, the stronger your case — and few forms of evidence are clearer or more reliable than CCTV footage.

While many assume they can just request CCTV footage whenever they need it, the reality is a little more complicated. Specific rules, procedures and time limits apply, and knowing how to navigate them can make a real difference.

So, how can you request CCTV footage of an accident that happened to you? In this article, we’ll walk you through what your rights are under data protection laws, who you need to contact to request footage and what steps you can take if your request is refused or the footage is no longer available.

Can you ask for CCTV footage of yourself?

UK data protection laws state that you have the right to access any CCTV footage if you are identifiable in it, be it private or public CCTV cameras. That said, most CCTV footage is deleted 30 days after it’s recorded. So it’s important to act quickly if you are hoping to secure it as evidence in your personal injury claim.

Where do you start if you think your accident was caught on camera?

If you think your personal injury might have been caught on camera, the best place to start is back at the scene of the accident. In other words, did it occur at any of the following:

  • Shopfronts — Shops, restaurants and offices often have surveillance systems that monitor their premises and the immediate surroundings.
  • Traffic lights and road junctions — Cameras at traffic lights, road junctions and along major roads might have recorded vehicle, cycling or pedestrian accidents.
  • Office buildings or industrial units — Businesses where accidents are known to take place or have expensive equipment inside might have CCTV cameras to protect their staff or property.
  • Local council-owned street cameras — Local councils frequently operate CCTV systems in public areas like parks, town centers and other major pedestrian zones.
  • Private residences — With the upward trend of personal camera doorbells or home cameras, your accident might have been caught at a private residence, or on the street in front of it.

When assessing the scene of your accident, look for signage that indicates the presence of CCTV. Alternatively, ask nearby property owners or managers about available surveillance footage. You might be surprised at what you find.

How to request CCTV footage properly

To formally request CCTV footage, you must submit a Subject Access Request (SAR) to the data controller — the person holding the footage. Here’s our step-by-step guide on how to request CCTV footage:

  1. Identify the data controller — If there is signage indicating CCTV near your accident scene, it may include a contact number. Or if you see a camera doorbell, ask the resident in control.
  2. Prepare your request — While you can make a SAR verbally by simply asking the data controller, a written SAR is advisable and can be used as proof that you went through the proper avenues. Clearly state that you are requesting CCTV footage for personal injury claims under the Data Protection Act 2018. Be sure to include the following:
    1. Date and time of incident
    2. Description of yourself
    3. Proof of identity
  3. Submit your SAR — Send your Subject Access Request for CCTV footage via a traceable method, like recorded delivery or via email to make sure it is received.

According to data protection laws, CCTV data controllers are generally required to respond within a calendar month. However, some might need a few reminders, or they could charge a fee.

What if the camera belongs to the council?

If the CCTV camera in question is controlled by the local authorities, you might have to request it through an online portal rather than written or verbal SAR. Some councils might also charge a nominal fee for processing your request. Check their official website for details.

Before you make a SAR, be sure to look at your council’s data retention policy, as some may retain footage for shorter periods than private entities.

What if they say no?

If you believe the refusal is unjustified, you can file a complaint with the Information Commissioner’s Office (ICO), which oversees data protection compliance in the UK. However, the data controller that receives your SAR might rightly refuse your request if:

  • They are protecting a third-party’s privacy — If your accident caught on camera captures other individuals, the data controller must consider their right to privacy. If they are unable to edit out footage of others, they could refuse your SAR.
  • The subject is unidentifiable — If you cannot be 100% identified in the footage, the data controller has a right to refuse your request.
  • The footage is no longer available — If the footage has been deleted in accordance with the retention policy, it cannot be retrieved.

In some cases, while you might not be able to have a copy of the footage, you may be allowed to view it under supervision instead.

How solicitors use CCTV in personal injury claims

Solicitors use CCTV in personal injury compensation cases as a way to prove negligence against the party at fault. This could be proof of employer liability, malfunctioning equipment, assault and more; and is normally used in conjunction with other forms of evidence. 

If you contact experts like Express Solicitors, we can efficiently identify and contact potential sources of CCTV footage. We’ll draft and submit formal requests, ensure compliance with data protection laws and even increase the likelihood of a favorable response.

If you’re making a personal injury claim and need assistance, all with a no-win, no-fee guarantee, get in touch with Express Solicitors.

Don’t rely on CCTV alone

Though CCTV is a brilliant piece of evidence to back up a personal injury claim, we highly recommend that you support it with other pieces:

  • Photographs — Images of your injuries and the accident site can also put you at the scene.
  • Witness statements — These can back up your footage and point out the wrongful party.
  • Medical reports — These will officially prove your injuries and can line up with footage.
  • Accident reports — If your accident happened in the workplace, you should be able to access the report from the legally required accident book.

Need help getting hold of evidence?

Timing is key. The longer you wait, the more likely it is that crucial footage may be lost or overwritten. That’s why it’s important to act fast and contact Express Solicitors.

We have over 20 years of experience in personal injury law and know how to handle complex evidence requests, building a case that gives you the best chance of success.

Ready to begin? Get in touch today.