SUFFOLK, Va. — These days, it feels like there are cameras nearly everywhere, but just because you're being recorded doesn't mean you can get access to that video.
In fact, one woman is learning that the hard way as she’s trying to navigate insurance after a vehicle accident on private property.
“I had just got in the truck, and then I, you know, turned to go out of the parking lot, and then it wasn't two seconds later, I felt like I was knocked forward,” said Janice Spangenberg.
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Spangenberg’s vehicle sustained damage to the passenger door, passenger nerf bar and side mirror when she got into an accident leaving Sentara Family Medicine in Suffolk.
“I was a little shocked because [when I saw the damage] I thought, ‘Wow, that's pretty bad,’” she recalled.
After exchanging information with the other driver and calling the police, she took her truck to a local auto shop. They quoted her about $5,220 to fix all the damage.
“He said, ‘Wow.’ He says, ‘Somebody really hit you, Janice,’ and I said, ‘Yeah, they did, Tommy,’” Spangenberg shared.
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Spangenberg said it’s bad timing. She just took off her comprehensive insurance coverage on the truck to save some money because she does not drive it often.
After connecting with the other driver’s adjustor, she was hopeful that surveillance video on the property would show what happened and relieve her of responsibility.
“She said, ‘Well, it's your word against his.’ She says, ‘I've got to see the video,' and she said, 'Once I see the video, I'll know whose fault it is,’” Spangenberg told me.
Spangenberg reached out to Sentara Health, and a representative sent her a letter saying in part:
“I would like to sincerely apologize for the unfortunate vehicle accident that occurred in Sentara Obici’s Hospital campus parking lot in June 2024. We deeply regret any distress or inconvenience the accident may have caused you. Your safety is of great importance to us, and we are truly sorry that this occurred on our campus… During that call you were advised that we were able to retrieve the security footage from the accident. We also discussed that the security footage is considered Protected Health Information (PHI) which would require a warrant or subpoena to be released.”
Spangenberg shared that she was shocked to learn this information.
“It was filmed on their equipment, on their property. The only way to force them to produce that video footage would be through a search warrant or a subpoena,” said Bill O'Mara, managing partner at Cooper Hurley.
O’Mara stated, generally speaking, serving a search warrant takes time, and there is no guarantee that the company has kept the video or was even recording it.
“It’s very hard for a private citizen to get their hands on that footage,” he explained.
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O’Mara suggests calling for police and waiting for them to arrive.
If their body cameras are rolling, you can submit a Freedom of Information Act request (FOIA). It is a law that gives you the right to request records from the government.
It will take time and paperwork, but the results could be beneficial.
“I've had tremendous luck helping people, where the camera footage is rolling on the body cam, and while I don't have video of the accident itself, I have conversations with both drivers and the law enforcement officer very shortly after the wreck,” O’Mara said.
“I’ve gotten some great sound bites where maybe the other driver, after they talked to the police, changed their story when the insurance companies got involved, and I was able to get some admissions of fault on video,” he continued.
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He also said that businesses cannot be held responsible for an accident that happens on its lot unless you can point to direct negligence that the business contributed to the wreck.
Because accidents happen on private property all the time, Spangenberg’s advice is to have insurance and act quickly. She is hopeful her story can help someone else navigate after a crash.
