The other driver says the light was green. You know it wasn’t. Now the insurance company is using their story, and you have nothing to counter it with. There may be a camera that caught exactly what happened. Here’s what we tell every client who calls us after a disputed-fault accident: act fast, because that footage has a short life.
What You Need to Know About Getting Camera Footage Right Now
- Most Florida traffic cameras don’t record. The cameras on highways and major roads stream live. They don’t save footage. Don’t waste time chasing them.
- The footage that wins cases comes from somewhere else. Gas stations, banks, stores, dashcams, doorbell cameras, and police body cams are your real sources.
- You have days, not weeks. Business cameras often overwrite in 24 to 72 hours. Once it’s gone, it’s gone for good.
- You can request government footage yourself without a lawyer. Florida’s Public Records Law gives anyone the right to request police and red-light camera footage. No ID, no explanation required.
- Private business footage is different. If a business says no to getting camera footage, you generally can’t force them without a lawsuit. Your insurance company can’t get a subpoena either. That’s a common misconception that they can.
- Video footage is one of the strongest pieces of evidence in the claim and can increase your fault percentage. And in Florida, fault percentage is everything. Under state law, if you’re found more than 50% at fault, you recover nothing. Video evidence can be the difference between a full claim and no claim at all.
Where Footage Actually Comes From
Before you start making calls, know which cameras are actually worth pursuing. Not all of them record. Not all of them will have caught your accident. Here’s what we look for first before requesting footage.
Red-Light Cameras
These are the most overlooked sources and sometimes the most valuable. Under Florida’s Mark Wandall Traffic Safety Act (F.S. § 316.0083), cities and counties can place enforcement cameras at intersections that capture a short video clip when a vehicle runs a red light. The catch is that they only trigger on violations, so if no violation was detected at the exact moment of your crash, the system may not have recorded anything. Retention is typically around 30 days, and footage is managed by private vendors, so contact the city or county operating the program, not FDOT.
Business and Private Surveillance
This is the source that actually wins cases. Gas stations, convenience stores, banks, restaurants, and parking garages almost always have exterior cameras facing the road. A camera at a business 50 feet from the intersection may have a clearer angle than anything the city operates. Retention varies: some systems overwrite in 24 hours, others hold footage for 90 days, so you should act quickly.
Dashcams
Check your own vehicle first. Then ask every driver and witness at the scene whether they had a dashcam running. Most people don’t offer this information unless you ask directly. A dashcam from a car two vehicles behind yours can show exactly what happened at the light.
Doorbell and Home Security Cameras
Neighborhoods near busy intersections often have Ring or Nest cameras facing the street. Homeowners aren’t required to hand footage over voluntarily, but many will cooperate if you ask politely and quickly. If they refuse, this footage can be compelled through the legal process once a lawsuit is filed.
Police Body and Dash Cameras
This serves more as an additional source. The officer who responded to your crash was likely recording. Body cam and dash cam footage capture the scene immediately after impact, such as vehicle positions, damage, driver statements, and road conditions. Florida agencies commonly retain this footage for around 90 days. You can request it yourself under Florida’s Public Records Law, which we’ll walk through next.
How Long Before the Footage Is Gone?
This is the part most people learn too late.
| Source | Typical Retention Window |
| Business / private surveillance | 24 hours to 7 days (sometimes up to 90) |
| Red-light cameras | ~30 days |
| Police body and dash cam | ~90 days |
| FDOT highway cameras | Not recorded |
| Dashcams | Until the owner deletes or overwrites it |
| Doorbell cameras (Ring, Nest) | 30–60 days depending on plan |
There is no law in Florida that requires a private business to hold onto surveillance footage for any set period of time. The system overwrites automatically. Nobody sends you a warning before it happens.
We have seen cases where a client waited weeks to ask about footage, and it was already gone. Two weeks. That’s all it took to lose the clearest evidence of what happened.
If you were just in an accident, the clock is already running. In the next section, we discuss what to do and what you can do right now, on your own, without filing anything.
How to Request Government Footage
Most people don’t know this: Florida’s Public Records Law (Chapter 119, F.S.) gives anyone the right to request footage held by a government agency without an attorney, ID, or explanation required. You just ask.
Red-Light Camera Footage
Contact the city or county police department that operates the red-light camera program at the intersection where your crash happened. Ask specifically for the traffic infraction detector footage for your date, time, and location. Expect a release form, a video request form, and possibly a small per-camera fee. The process varies by city, so call first to confirm what they need from you.
Police Body and Dash Cam Footage
Contact the agency that responded to your crash; that could be the Florida Highway Patrol, your county sheriff, or the city police department. Give them the date, time, location, and your crash report number if you have it. The sooner you request this, the better. And 90 days go faster than you think.
FDOT Records
It takes five minutes to submit a public records request to FDOT through their portal at fdot.justfoia.com or by emailing prr@dot.state.fl.us. Do it quickly, manage your expectations, and move on to the sources more likely to have what you need.
Your Crash Report from FLHSMV
Your crash report is the foundation of everything. Order it through the Florida Crash Portal at flhsmv.gov. It costs around $10 and is usually available within 10 days of the accident. One thing to know: under F.S. § 316.066, crash reports are confidential for the first 60 days. During that window, only the parties involved and their representatives can access them, which means the other driver’s insurer cannot pull it without your involvement.
Government records are the easier half of this process. The harder part is getting footage from businesses and private sources and knowing what to do when they tell you no. We’ll share with you nuances on this from our legal practice.
How to Request Private Footage And What to Do When They Say No
Government footage is straightforward. Private footage is where most people hit a wall. Here’s how to work through it.
Ask in Person First
Go to the business the same day. Don’t call, better show up. Ask to speak with a manager or owner, explain there was an accident nearby, and ask them to save the footage before it overwrites. Write down the name of whoever you spoke with and what they told you. That conversation becomes part of your paper trail.
Send a Written Preservation Letter
A phone call is not enough. Follow up every conversation with a written letter, sent the same day, by certified mail if possible. This letter tells the business that footage from a specific date, time, and location is relevant to a legal claim and must not be destroyed. Once they receive it, they are on notice. If they destroy footage after that, a Florida court can instruct the jury to assume the missing footage would have helped your case. You can write this letter yourself, but a letter from an attorney carries significantly more weight, and businesses respond differently when a lawyer’s name is on the envelope.
If They Still Refuse, The Subpoena Wall
This is the part nobody warns you about. If a business refuses to hand over footage voluntarily, the only way to force them is through a formal subpoena. A subpoena requires an active lawsuit. You cannot get one without filing a case first. Your insurance company cannot get one either. That is a misconception we hear constantly. Until a lawsuit is filed, a business that says no can simply say no. This is one of the most practical reasons to involve an attorney early. Once legal action starts, a subpoena compels production, and businesses that ignored your letters suddenly cooperate.
So what happens if you did everything right and the footage is still gone? That situation is more common than it should be, and it does not necessarily end your case.
What Happens If the Footage Is Already Gone?
It happens more than it should. You find out about a camera two weeks after the accident, and the footage is already overwritten. That does not automatically mean you have no case.
If someone destroyed footage they were told to keep, that matters in court. Florida judges can instruct the jury to assume the missing footage would have supported your version of events. It is not a guaranteed outcome, but it creates real legal pressure on the party that failed to preserve it.
If the footage is gone, other evidence can still build your case. Witness statements, vehicle damage patterns, road markings, and accident reconstruction experts all help establish what happened.
But we will be straight with you: if footage is gone and there are no witnesses, your case gets harder. But harder is not the same as over. The important thing is not to assume the case is finished before an attorney has had a chance to look at every option available to you.
Do You Need a Lawyer to Get Traffic Camera Footage?
Not always. Here is how to think about it.
| Situation | Can You Handle It Yourself? |
| Requesting police body/dash cam footage | Yes, public records request, Chapter 119 F.S. |
| Requesting your crash report from FLHSMV | Yes, Florida Crash Portal, ~$10 fee |
| Requesting red-light camera footage from the city/county | Yes, contact the operating agency directly |
| Asking a business to voluntarily share footage | Yes, but act the same day and follow up in writing |
| Sending a preservation/spoliation letter | You can write one, but an attorney’s letter carries significantly more weight |
| Forcing a business that refuses to produce footage | No, it requires a subpoena, which requires an active lawsuit |
| Accessing professional footage archives like RoadProof | No, it’s restricted to attorneys, law enforcement, and insurers |
| Possible, but difficult to do quickly and correctly on your own | Possible, but difficult to do quickly and correctly on your own |
| The fault is disputed, and the injuries are serious | This is when you need an attorney |
You now have the full picture of where footage comes from and how to get it. What comes next is the part that ties it all together. We did for you a clear, day-by-day plan so you know exactly what to do and when.
The Bottom Line
Act fast, document everything, and don’t assume the footage is gone until you’ve checked every source on this list. You can handle government records requests on your own, but the moment a business says no or fault is disputed, the clock matters more than ever. At Steinger, Greene & Feiner, we have handled thousands of accident cases across Florida, and we know exactly how to get evidence before it disappears.
If you were injured and need help securing footage or building your case, contact us for a free case evaluation. We have offices across Florida in West Palm Beach, Miami, Fort Lauderdale, Tampa, Fort Myers, Orlando, Port St. Lucie and our team is available 24/7. You now have the full picture of where footage comes from and how to get it. What comes next is the part that ties it all together. We did for you a clear, day-by-day plan so you know exactly what to do and when.
You cannot get a subpoena on your own. A subpoena requires an active lawsuit filed in court. Once your attorney files suit, they can issue a subpoena duces tecum, which is a formal court order compelling a business to produce specific footage. If the business ignores it, your attorney can file a motion to compel, and the court can sanction them for refusing.
Under Chapter 119, F.S., Florida agencies are legally required to provide public records unless a specific exemption applies. If they deny your request, ask them to identify in writing exactly which statutory exemption they are relying on. If the denial looks improper, an attorney can challenge it, and Florida law allows courts to award attorney fees against agencies that wrongfully withhold public records.
