Can I claim if CCTV footage has been deleted?

One of our Personal Injury experts answers a common question for people who have been injured in an accident and are concerned that important CCTV footage is no longer available. 

‘’Can I claim if CCTV footage has been deleted?’’ 

Answer: 

‘’Yes, potentially. CCTV footage can be valuable evidence in a personal injury claim, but it is not the only way to prove what happened. Many successful claims are supported by other forms of evidence, such as witness statements, accident reports, photographs, medical records, and documentation relating to the incident. If CCTV footage has been deleted or is no longer available, it does not automatically mean that you cannot pursue a claim. The circumstances of the accident and the evidence that remains available will be important.’’ 

Understanding your legal position 

CCTV footage is often one of the first things people think about after an accident, particularly where the incident took place in a public area, workplace, shop, supermarket, car park, or other location where cameras may be in operation. Footage can provide an independent record of what happened and may help establish how an accident occurred. 

Many organisations only retain CCTV footage for a limited period of time. Depending on the system being used, recordings may be automatically overwritten after a matter of days or weeks. This means that footage can sometimes be lost before an injured person has had an opportunity to request it. 

Whilst CCTV can be extremely helpful, it is important to understand that it is only one form of evidence. From a legal perspective, the key issue is whether there is sufficient evidence to establish how the accident happened and whether another party may have been responsible. 

For example, in a workplace accident claim, evidence may include accident book entries, risk assessments, maintenance records, training records, witness accounts, photographs of the accident scene, and medical evidence relating to the injuries sustained. In public liability claims, such as slips, trips, and falls in shops, supermarkets, restaurants, car parks, or other public spaces, evidence may include incident reports, inspection records, cleaning logs, photographs, witness evidence, and details of any hazards that were present. 

Even where CCTV footage has been deleted, it may still be possible to investigate the circumstances thoroughly. Witnesses may have seen the accident occur, photographs may have been taken shortly afterwards, or documentation may exist showing whether appropriate safety measures were in place at the time. 

In some cases, questions may also arise about why footage is no longer available. Organisations are not generally required to keep CCTV recordings indefinitely, and routine deletion does not necessarily indicate wrongdoing. The circumstances will depend on the facts of each case, including when the footage was deleted and whether any request was made for it to be preserved. 

To assess whether a claim may be possible, our team can review the evidence that is available and identify other sources of information that may help establish what happened. It is often possible to build a strong case using a combination of different forms of evidence rather than relying on a single piece of footage. 

If a claim is successful, compensation is intended to reflect both the injury itself and its wider impact. This may include pain and suffering, loss of earnings, rehabilitation costs, medical expenses, care and assistance needs, and the effect the injury has had on your day to day life. 

Because evidence can become more difficult to obtain as time passes, it is generally advisable to seek legal advice as early as possible. This can help ensure that relevant records, witness details, and any available footage are identified and preserved wherever possible. 

If you have been injured in an accident that wasn’t your fault and are concerned that CCTV footage has been deleted, our specialist Personal Injury team can review your circumstances and explain whether you may have grounds to pursue a claim. Call us on 0808 149 9561 for a free, no-obligation claims assessment and find out how we may be able to help.