MCW Legal

Two sources of video evidence to prove a ‘hit and run’ accident in Brisbane

If you have suffered in a hit and run accident – you might not have caught the registration details of the vehicle at fault.

This can make it a lot more difficult to prove an accident occurred.

If you can’t prove that the accident occurred – you will not recover compensation to replace your lost income.

If there are no witnesses, you will need to look to other sources of evidence to prove your story.

The first questions you need to ask yourself is this…

“ Is there any video surveillance in the area?”

There are two sources of video surveillance that can be very compelling evidence  (if it is available).

Depending on the location of your accident, it is possible the accident was captured by either:

  1. A Red Light or Fixed Speed Camera operated by the Department of Transport and Main Roads;  or
  2. One of hundreds of CCTV cameras operated by the Brisbane City Council.

Don’t Delay

The video footage held by the Department of Transport and Main Roads and the Brisbane City Council is only held for a limited period of time.

If you make your application more than 14 days after the accident, the chances that the video footage will still be available are reduced.

If you wish to access video footage, you should make the relevant application at the earliest possible opportunity.

1. Obtaining red light or fixed speed camera footage

There is a list of Department of Transport and Main Roads camera locations available here.

If you think that one of the cameras may have captured your accident, you should apply to the Department of Transport and Main Roads for a copy of any footage they hold from the date and time of the accident.

You can make this application online at the link below:

https://www.smartservice.qld.gov.au/services/information-requests/home.action

When completing the application, you will need to:

  1. Provide accurate information about the date, time and location of the accident;
  2. Specify which video camera (from the list above) you consider might have captured the accident;
  3. Specify the reason you are seeking to access the footage, i.e explain that you were injured and require the footage to support your claim for damages for personal injuries;
  4. Provide a certified copy of your photo identification; and
  5. Pay the application fee of $48.00. (You may be eligible for a waiver of this fee if you are a recipient of regular Centrelink payments).

You should receive a response to your application within 25 business days of the date on which the application is received by the Department of Transport and Main Roads. It is therefore important your get started on your application as soon as possible.

2. Obtaining CCTV Footage

The Brisbane City Council operates two different types of CCTV cameras:

  1. Traffic CCTV Cameras which monitor some major roads throughout Brisbane; and
  2. City Safe CCTV Footage which operate in and around the Queen Street and Fortitude Valley Malls

2.1 Brisbane City Council Traffic CCTV Footage:

You can access Brisbane City Council Traffic CCTV footage by making a Right to information Application to the Brisbane City Council using the following form:

https://www.brisbane.qld.gov.au/sites/default/files/20150917-rti-application_form.pdf

When completing the application, you will need to:

  1. Provide accurate information about the date, time and location of the accident;
  2. Specify the reason you are seeking to access the footage, i.e explain that you were injured and require the footage to support your claim for damages for personal injuries;
  3. Provide a certified copy of your photo identification; and
  4. Pay the application fee of $48.00. (You may be eligible for a waiver of this fee if you are a recipient of regular Centrelink payments).

You should receive a response to your application within 25 business days of the date on which the application is received by the Department of Transport and Main Roads.

2.2 Brisbane City Council CitySafe CCTV Footage:

If your accident occurred on or near either the Queen Street or Fortitude Valley Malls, you may wish to request access to the Brisbane City Council CitySafe CCTV footage network.

You can request access online, using the link below.

https://forms.business.gov.au/aba/qldlg1/citysafe-footage-review-request/

This application is free and will be processed within 5 business days.

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