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A Car Wash Pushed Your Car Into Another and Won't Share Its Video: Georgia Options

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JV

Reviewed & verified by A. Jason Velez, Esq.*

Founding Attorney, 1LAW · Last reviewed June 21, 2022

Legal Inquiry

Consumer Legal Issue

I went through a car wash, and as I went through, the machine bumped my car into the car in front of me and damaged my bumper. I have been going back there for two to three weeks. The police were called, but the owner of the car I hit left. The owner of the car wash is telling me they will not give me any information or video so that I can move forward and get my bumper fixed.

Attorney Answer

A car wash that refuses to hand over its video now cannot simply keep it out of a case later. If you bring a claim, a Georgia court can order the footage produced, and a party that withholds evidence it controls faces a presumption against it. Your first step is to put the car wash on written notice to keep the video, because systems overwrite footage in days or weeks.

Who is responsible. If the wash's machine pushed your car into the one ahead, the claim for your bumper starts with the car wash and the equipment it runs. How a court weighs that depends on the facts, so keep everything that shows what the machine did: photos, the receipt, the time, and anyone who saw it.

Getting the video. Before any case, a business can say no. Once there is a case, it cannot simply refuse. If you file in magistrate court, that court has power under O.C.G.A. § 15-10-2(a)(10) over “The issuing of subpoenas to compel attendance of witnesses in the magistrate court and subpoenas for the production of documentary evidence before the magistrate court”. For a claim up to the limit, the simplest court is the magistrate court. O.C.G.A. § 15-10-2(a)(5) gives it jurisdiction over civil claims where the amount demanded “does not exceed $15,000.00”. That limit rises on January 1, 2027, when the amended section reads “does not exceed $25,000.00”.

What happens if they still withhold it. Georgia's rules of evidence put the cost of withholding on the party that does it. O.C.G.A. § 24-14-22:

If a party has evidence in such party’s power and within such party’s reach by which he or she may repel a claim or charge against him or her but omits to produce it or if such party has more certain and satisfactory evidence in his or her power but relies on that which is of a weaker and inferior nature, a presumption arises that the charge or claim against such party is well founded; but this presumption may be rebutted.

The other car. The police were called, so ask for the report: it may identify the other vehicle even though its owner left. If the other car was damaged too, that owner may bring their own claim, and the car wash's video will matter to that as well.

What you can do

1. Send the car wash a short written letter, keeping a copy, asking it to preserve all video and records from the date and time of your visit.

2. Request the police report.

3. Keep your receipt, photographs of the damage, and repair estimates.

4. Check whether your own collision coverage applies; your insurer can pay and pursue the car wash.

5. Even if you are handling this yourself, you would be best served by a brief phone consultation with a local Georgia attorney before you act. Most lawyers offer a short initial call at no cost, and a few minutes on your specific facts — and on how your court actually handles this — is worth more than any general guidance, including this page.

⏱ Time limits apply. A claim for damage to your car must be brought within four years under O.C.G.A. § 9-3-31: “Actions for injuries to personalty shall be brought within four years after the right of action accrues.” The practical deadline for the video is much shorter.

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Courts & Legal Aid in Georgia

Frequently Asked Questions

Can you get a business's security video in Georgia?

A business can refuse a request before any case is filed. Once a claim is filed, a court can compel production; O.C.G.A. § 15-10-2(a)(10) gives magistrate courts power to issue subpoenas for the production of documentary evidence.

What happens in Georgia if a party withholds evidence?

Under O.C.G.A. § 24-14-22, if a party has evidence within its power that could repel a claim against it but omits to produce it, a presumption arises that the claim against it is well founded; the presumption may be rebutted.

How long do you have to sue for car damage in Georgia?

Four years under O.C.G.A. § 9-3-31 for actions for injuries to personalty.

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