How to Get a Subpoena for Video Surveillance

Video footage can be one of the strongest pieces of evidence after an accident. Whether it’s from a nearby business, a traffic camera, or someone’s home security system, it can help show exactly what happened, especially when there’s a dispute about fault.

But here’s the catch: most businesses, agencies, or individuals aren’t required to hand over footage just because you ask. In many cases, getting access to that video requires taking the right legal steps, including, sometimes, a subpoena.

If you’re not sure how to get started or whether video evidence could help your case,you can speak with a personal injury lawyer for a free consultation to understand your options and what to do before that footage is gone.

Why Video Evidence Matters

After an accident, insurance companies will often try to minimize payouts or question your version of events. Video footage can:

Show how the accident actually happened
Support your claim if fault is disputed
Capture details that witnesses may miss or forget
Strengthen your position during negotiations or in court

The challenge is getting access to that footage before it’s deleted or overwritten.

Do You Always Need a Subpoena?

Not necessarily.

If the owner of the footage (a store, homeowner, or agency) is willing to share it, you may be able to get a copy without going through the court process.

However, if they refuse, or simply don’t respond, a subpoena may be required. A subpoena is a legal order that compels the owner to provide the footage.

How to Get a Subpoena for Video Surveillance After An Accident

Step 1: Identify Who Owns the Camera and Where It’s Located

The first step is figuring out where the footage may exist, and who controls it.

Think about the area where the accident happened. Cameras could belong to:

Nearby businesses or storefronts
Parking lots or garages
Private homes with security systems
Other drivers (dash cams)
Government agencies (traffic cameras)
Law enforcement (dash cams or body cams)

Once you pinpoint the likely source, you’ll have a clearer idea of who to contact and how to move forward.

Step 2: Request the Footage Directly

In some cases, you may be able to get the footage simply by asking.

A business owner, property manager, or individual might be willing to share a copy, especially if the request is made soon after the accident and clearly explains what you’re looking for.

Keep in mind, though, they’re not legally required to provide it without a court order. If they refuse or don’t respond, you may need to take additional steps.

Step 3: Send a Preservation Letter

If the footage is important to your case, this step is critical.

Surveillance systems often overwrite or delete recordings within a short timeframe, sometimes within 24 to 72 hours. A preservation letter is a formal request asking the owner to save specific footage before it’s lost.

This letter typically includes:

The date, time, and location of the accident
The parties involved
A description of the footage you’re requesting
A clear request to preserve and not delete the relevant recording

Sending this early can make the difference between having key evidence—and losing it permanently.

Step 4: File a Police Report

Filing a police report can do more than just document what happened, it can also help support your efforts to locate and secure video evidence.

When you file your car accident report, be sure to include as much detail as possible about nearby cameras. This might include businesses, traffic lights, residential properties, or any other locations where footage may exist. The more specific you are, the easier it is for officers to note these details in the report.

It’s also worth asking whether law enforcement was able to identify or collect any footage during their investigation, and how you can request a copy if they did.

In situations involving potential violations, such as reckless driving, DUI, or leaving the scene, police may take a more active role in tracking down surveillance footage. In some cases, a request coming from law enforcement can carry more weight than a request made by an individual, which may increase the chances of obtaining the footage without needing a subpoena.

Step 5: Work With an Experienced Car Accident Lawyer

Bringing in a car accident lawyer early in the process can make a real difference, especially when you’re trying to recover evidence while also dealing with injuries and everything that comes after an accident.

The legal side of a claim can get complicated quickly. Between tracking down footage, communicating with camera owners, and dealing with insurance companies, it’s easy to miss small details that can impact your case.

Insurance companies, in particular, will look for anything they can use to reduce or deny a claim. That can include statements you make when requesting footage or even how a preservation letter is worded.

An experienced attorney helps take that pressure off you. They can guide you through each step, whether that’s helping you file an insurance claim, sending preservation letters, coordinating with law enforcement, or moving forward with legal action if needed.

If a subpoena becomes necessary, your lawyer can also handle the process of requesting and obtaining the footage through the court, making sure everything is done correctly and on time.

Step 6: File a Lawsuit

If the footage isn’t voluntarily provided, the next step may involve filing a lawsuit. This opens the door to the legal process that allows you to formally request evidence, including surveillance video, through the court system.

Once a case is filed, your attorney can request a subpoena requiring the individual, business, or agency in control of the footage to turn it over. This is typically done during the discovery phase, where both sides exchange information and evidence related to the case.

At that point, the footage can be reviewed and used to support your claim, whether that’s during settlement negotiations or, if needed, in court.

Having legal guidance here is important, as the process needs to be handled correctly to ensure the footage is admissible and actually works in your favor.

Can Stores Show You Security Footage?

A store can show you the security footage if they want. Still, they’re under no legal obligation to do so unless the court orders them to.

Once the court approves the subpoena for video evidence, the insurance company’s lawyers will also have the right to watch it.

How to Get Street Camera Footage

If street traffic cameras recorded your car accident, the state or local government owning the cameras may have a legal duty to turn the footage over to the public.

Figuring out which agency handles the camera that recorded your collision can be complicated and time-consuming to do on your own. And once again, insurance companies will use the footage against you if they can.

An Experienced Car Accident Lawyer Can Help You Prove Your Car Accident Case with Video Surveillance Footage

Once you’ve obtained surveillance footage of your accident, the next step is making sure it can actually be used to support your case. That includes showing that the footage was obtained lawfully and is relevant to the issues involved.

This is where working with an experienced car accident lawyer can be especially valuable. An attorney can help ensure the footage is properly reviewed, authenticated, and positioned in a way that strengthens your claim, whether during negotiations or in court.

They can also guide you on how the footage may impact your case and help you prepare for how insurance companies are likely to respond once it becomes part of the evidence.

At Zinda Law Group, our team is familiar with the process of locating, preserving, and using surveillance video effectively in personal injury claims. From securing the footage to presenting it as part of a broader legal strategy, we work to make sure nothing is overlooked.

If you have questions about your situation, you can reach out for a free consultation. We’ll walk you through your options and what steps may make the most sense for your case.

As always, you won’t pay anything unless we successfully recover compensation on your behalf.