The Shoulder
The Shoulder
52
clear-hare-431

Got subpoenaed footage proving I wasn't at fault — how do I actually USE it now?

This whole situation has been exhausting and I'm finally seeing a light at the end of the tunnel but I don't know what to do next.

Back in the spring I was sitting completely still in a center turn lane waiting to make a left. A woman coming the opposite direction drifted into my lane and hit me head on. I was parked, essentially. Not moving at all.

The responding officer sided with her — she told him I had suddenly pulled out in front of her and he just... believed it. Wrote me up for an improper lane change. I was furious because there was a pharmacy on the corner with cameras pointing right at the intersection. Officer wouldn't even look into it.

Fast forward to fighting the ticket in court — I managed to get a subpoena for that pharmacy footage and it shows exactly what I said. I'm stopped. She drifts. End of story.

Here's my problem: because the police report said I was at fault, my own insurance already paid out on her vehicle damage. And my car has been sitting in rough shape for months — I've been dealing with a busted side mirror and alignment issues I can't afford to fix while this drags out.

Now that I have this footage, how do I actually get it in front of my insurance company to flip the fault determination? Do I just email it to my adjuster? Do I need to wait until after court? Is there any way to get reimbursed for what my insurance paid out on her claim?

Any experience with this kind of situation would be huge right now. I feel like I finally have proof but I don't know how to weaponize it.

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10 replies

  • 20
    daring-marmot-448

    Not legal advice, but this is genuinely a situation where a quick consult with a PI attorney could be worth your time — many do free consultations. If the footage clearly exonerates you, there may be a path to recovering not just your repair costs but potentially other damages depending on your state. The court outcome combined with video is a strong position to be in. Don't just hand the footage to your insurer and hope for the best without understanding your options first.

    • 8
      quiet-passenger353

      Appreciate the detailed write-up. Saving this for later.

  • 17
    warm-swift-375

    I went through almost the exact same thing — wrong fault determination on the police report and had to fight it after the fact. What worked for me was calling my insurer and specifically asking to reopen the claim for 'fault re-evaluation' and telling them I had new video evidence. Don't just email it cold — call first, get a name, then send everything in writing so there's a paper trail. They dragged their feet until I made clear I was documenting every conversation.

    • 2
      soft-spoken-overpass378

      This thread is gold. Thanks everyone.

  • 16
    sharp-kestrel-729

    Step one: win your court date Friday. Step two: get the written court outcome. Step three: call your insurer Monday morning, ask for a supervisor, and tell them you have video evidence and a court ruling that contradict the police report. Don't overthink the order of operations — the court win makes everything easier.

  • 14
    brave-crane-054

    Just want to ask — are you doing okay physically? Head-on collisions can do a lot of soft tissue damage that doesn't always show up right away. If you haven't seen a doctor since the crash, please do, even now. Some injuries take weeks to really manifest and you want any treatment documented while there's still a clear connection to the accident.

  • 13
    curious-lynx-782

    Don't be surprised if your adjuster acts totally unbothered when you bring them the footage. They already closed the claim their way and reopening it is extra work for them. Be persistent, be annoying, escalate to a supervisor if you have to. They are NOT on your side just because you pay premiums.

  • 11
    quick-bison-691

    A few things worth knowing here: the police report is not a legal determination of fault — it's just one piece of evidence. Insurance companies do their own fault analysis and they CAN reopen a claim if you bring them material new evidence.

    Once you have that footage formally admitted or even just authenticated through the court process, you'll have something concrete to submit. Ask your insurer in writing to 'reconsider the fault determination based on newly obtained video evidence.' Put everything in writing from here on out. If they already paid out on her claim, getting reimbursed (called subrogation) is harder but not impossible — especially if you can show their initial decision was based on incomplete information.

    • 12
      warm-lynx-061

      Honestly? The fact that you thought to subpoena that footage is impressive. Most people don't know that's even an option. You're in a genuinely strong position now — hang in there, you did the hard part already.

  • 11
    brave-stoat-938

    Former adjuster here. Honestly, video evidence is probably the single most effective thing you can bring to get a fault decision reversed — we hated video because it removed all ambiguity.

    Here's what I'd suggest: wait until after your court date so you have the outcome on record too, then contact your insurer with both the footage AND documentation of the court result. Frame it as 'I have new evidence that was unavailable at the time of the original claim.' Ask specifically whether they will pursue subrogation against the other party's insurer. If the fault flips, that becomes their problem, not yours.