get CCTV from Gardai?

josh101

A friend had an accident months ago.

She learned from the Gardai that there's CCTV (not from my friend) in relation to this.

There's no court case.

Is there a way she can get the CCTV from them? Can this be requested by her or a solicitor?

Generally speaking, what can she get from them to start a personal injury case?

phildub

Why have they waited months to start a claim? You are supposed to write to the other side in 30 days of the incident and inform them of your intention to litigate. The statute of limitations is probably still running but if its been monthS since the incident and she didn't inform anyone of her intention to litigate that cctv is probably long gone and there was no obligation on anyone to preserve it.

josh101

Yes, she waited very long.

According to her, the Gardai have CCTV recordings from another person. Can she get this from them?

20/20

Does she want to see the CCTV footage to decide if she can claim ?

AndrewJRenko

If the other party still has the CCTV footage, she can request a copy under GDPR.

Lenar3556

https://www.boards.ie/discussion/2058278547/get-cctv-from-gardai

Where is the CCTV footage currently, as in whose control is it under?

As has been suggested above, if she is herself appearing on the footage she could make a data subject access request to whoever is in control of the recordings seeking a copy. They could however claim that they no longer have it / couldn’t find it etc.

She could also approach them less formally in the first instance and see what she can get her hands on.

phildub

Sue can start a personal injuries case without the cctv. The first step would be to write to the person she's making a claim against and inform them of this and request that they preserve all evidence including cctv. Could write to the garda and say the same.

Typically with a civil personal injuries claim you wouldn't see the cctv until well into the process after the personal injuries board claim and after the civil bill has been served. Once they enter a defence she could them make a request for discovery and if they don't furnish the cctv she could go to court and have them make the determination.

If she has a legitimate personal injury claim then there is no reason for her not to instruct a solicitor. The cctv is the least of her worries if she misses the state of limitations

walterking

sounds like your friend is on a fishing exercise to see if they can bring a spurious claim.

Once a court or piab sees that someone waited months to even initiate a claim, it gets looked on very badly and thankfully more and more spurious claims are being thrown out and the claimant landed with hefty charges which can follow them around for many years

Claw Hammer

The solicitor can write to the Garda Superintendant for the district seekinjg a copy of the garda Abstract. This will be the garda report ito the incident. If there is CCTV the garda can be subpoenaed to bring the footage to court.

kirving

https://www.boards.ie/discussion/comment/120077538#Comment_120077538

Or eh, it took some time for the doctors to come to a long term diagnosis, which the claimant was waiting for.

There is nothing to suggest that this is a fraudulent claim.