Niamh Bothwell is stuck between two insurance companies, the police and Bunnings.
A Bermuda triangle of bureaucracy that could soon leave her car-less.
All because while she was reversing in a Bunnings carpark, someone else decided to do the same.
Niamh says "he was continuing to reverse even though I was already there".
The other driver denied it was his fault, and, under Niamh's third party insurance policy, she wasn't covered.
She needed her car for work, but was looking at a bill of at least $1700, which needed to be done before she could get her next WOF.
The good news was that there was security cam footage of the event.
What’s more, a Bunnings staff member emailed with a description of what the footage showed. So - just get the footage from Bunnings, right?
Nope. Bunnings wouldn’t give her the footage.
They said : “We can only release footage to the Police. Please let me know when they will be here so I can download the footage to a USB.”
So Niamh went to the police - it wasn't good news.
They don’t normally investigate car park accidents as they are considered private property.
She asked Bunnings again - quoting the Privacy Act which says: "People have the basic right to access information that is about themselves."
This includes CCTV footage, but Bunnings said no. Again.
“As our standard practice and in accordance with our legal obligations we only release CCTV footage under court order or at the police’s formal request.”
So, if something happens if you and it’s caught on someone else’s security camera, are you entitled to the footage?
Privacy Commissioner Michael Webster says we aren't entitled to footage taken by an individual, say, a neighbour, but for footage taken by an agency or organisation - like Bunnings - it's a different rule.
Under the Privacy Act, individuals have the right to request information held about them, and it should be released, unless it's determined that there are grounds for withholding.
Withholding grounds include that releasing the information would involve an unwarranted disclosure of another person’s affairs.
But Bunnings said they were protecting the privacy of the other driver, and were not swayed by the suggestion to blur or edit those parts of the footage that would identify the other driver.
We checked in with other big retailers. Most said they'd take a case-by-case approach based on the Privacy Act, and unlike Bunnings, none said they generally required a police request or a court order to release footage.
The police tell us a formal request from them is just not necessary.
Luckily, after Fair Go got involved, the two insurance companies put their heads together and decided that Niamh’s repair costs would be covered by FMG, and she can get back on the road again. She was chuffed.
"That's amazing. Such a relief - thank you."
And just know that if you're involved in a fender bender and you need the footage - it's worth going into battle for it, as the law is likely to be on your side.
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