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Attorney Ask an WITH LANE SIESKY / SIESKY LAW FIRM, PC

Focusing on personal injury, civil litigation, whistleblower claims and workers' compensation law, Siesky Law Firm strives to provide excellent legal services while remaining client and community centered. The Evansville-based trio of top attorneys - including Lane Siesky, Daniel Gearhart and Douglas Briody - boasts years of invaluable experience inside and outside the courtroom. Highly-respected with an impeccable track record, the firm's aggressive representation of its clients continues to benefit the community in myriad ways.

Q: While dining out recently, my parked car was sideswiped by another vehicle, causing damage to the driver's side door. I only discovered the damage when I left the restaurant - and no one reported seeing the incident. It was a hit and run, effectively. Considering that so many businesses have security cameras these days, do I have the right to request video from nearby establishments to see if the incident was recorded to aid in tracking down the person/vehicle that caused the damage? Or should that be handled by law enforcement?

A: Anytime there is a car accident, the most important thing is that nobody was seriously injured. Even when no one is hurt, it is very frustrating to deal with the claims process for property damage to your vehicle. First, you should file a police report. If a detective is assigned you can speak with the detective as to what investigation law enforcement intends to do. Next, you will want to report the accident to your own insurance company. Your insurance company will probably ask for a copy of the police report. You should ask your own insurance company what investigation, if any, the insurance adjuster intends to conduct. If nobody is hurt and the dollar value of the property damage is relatively low, the chances of law enforcement or your insurance company conducting a lengthy investigation are remote. You certainly can ask businesses for surveillance video to determine the identity of who is responsible for the damage to your vehicle. The businesses are not under an obligation to comply with your request and even if the accident was recorded, the businesses may only keep the video footage so many days before the footage is recorded over. So, if you want to try and secure the video you better take these steps quickly.

In an accident where there are significant injuries and you hire a law firm, the law firm should conduct a thorough investigation. The investigation may consist of hiring a private investigator, retrieving the audio of 911 calls, the County’s event log, surveillance videos, body and vehicle cam footage from law enforcement, aerial views of the scene, social media research, interviewing of witnesses, searching of cell phone hard drives, hiring an accident reconstructionist, utilizing subpoena power and downloading of data recorded by the vehicles’ black boxes and event data recorders.

Disclaimer: The above information provided by Siesky Law Firm, PC, is not legal advice and should not be taken as legal advice. Application of the law is highly fact sensitive and readers should consult with an attorney on legal matters.