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Law Office of Robert Mansour
Santa Clarita Personal Injury Blog

The Importance of Good Photographs for Your Injury Case

7/10/2011

 
Why Property Damage Photos Are Critical to Your Personal Injury Claim

Photographs of vehicle damage and the accident scene can be important evidence in a California personal injury claim. They can help document where the vehicles were struck, the nature of the collision, the condition of the roadway, and the damage that existed before vehicles were repaired. Although property damage photographs do not, by themselves, establish the existence or severity of a bodily injury, they can provide important context for insurance adjusters, attorneys, experts, and jurors evaluating how a collision occurred and whether the claimed injuries are consistent with the circumstances of the accident.

If you were injured in a car accident, photographs should be treated as one part of a larger body of evidence. Medical records, witness statements, police or collision reports, vehicle inspections, photographs, video footage, and other evidence may all contribute to determining what happened and what injuries resulted. The goal is not to use vehicle damage as a substitute for medical evidence, but to preserve objective evidence that may become difficult or impossible to obtain after the vehicles are repaired or removed from the scene.

Key Takeaways
  • Photograph the vehicles as soon as reasonably possible, provided doing so is safe.
  • Photograph all vehicles involved, not just your own vehicle. Damage to the other vehicles may help document the location and circumstances of the impact.
  • Take both wide-angle photographs and close-ups of the damage so that the photographs show both the overall condition of the vehicle and specific areas of damage.
  • Photograph the accident scene, including traffic signals, signs, lane markings, roadway conditions, debris, skid marks, and other potentially relevant physical evidence.
  • Photograph the interior of your vehicle when appropriate, including deployed airbags, broken glass, damaged seats, or other evidence of the collision.
  • Photograph visible injuries, but remember that photographs of vehicle damage are not a substitute for appropriate medical evaluation.
  • Preserve photographs and videos in their original form and keep backup copies.
  • If you could not photograph the vehicles at the scene, photographs may still be available from a tow yard, body shop, insurance inspection, or other source.
  • Do not assume that minor vehicle damage means an injury claim is invalid. Property damage is only one piece of evidence in evaluating a personal injury claim.
  • Do not assume that extensive vehicle damage automatically proves a serious injury. The nature and severity of an injury must be established through appropriate medical evidence and other relevant information.

How Can Property Damage Photos Help a Personal Injury Claim?

Photographs of vehicle damage can help establish the physical circumstances surrounding a collision. They may show the location of the impact, the areas of the vehicles that were damaged, the condition of the vehicles immediately after the collision, and whether the physical evidence appears consistent with the descriptions provided by the drivers and witnesses.

For example, photographs may help show whether a vehicle was struck in the front, rear, side, or corner and whether damage appears concentrated in a particular area. When photographs of multiple vehicles are available, the damage to the different vehicles may also help attorneys or accident-reconstruction professionals evaluate the mechanics of the collision.

Property damage photographs can therefore provide useful context when an insurance company questions how an accident occurred or disputes the relationship between the collision and an alleged injury. They should not, however, be treated as a standalone measurement of the force of an accident or the severity of an injury. Modern vehicles are designed to absorb and distribute collision energy, and the amount of visible property damage does not necessarily correspond directly to the amount of force experienced by an occupant.

Why Should I Photograph All Vehicles Involved in the Accident?

If it is safe to do so, photograph every vehicle involved in the collision, not just your own. Photographs of the other vehicle may provide useful evidence concerning the location and circumstances of the impact. For example, if your vehicle has damage to its rear quarter panel and the other vehicle has corresponding damage to its front corner, photographs of both vehicles may help demonstrate how the vehicles came into contact.

Photographs can also preserve evidence that may otherwise disappear. The other driver may repair the vehicle shortly after the collision, sell it, or otherwise alter its condition. Once repairs have been completed, it may be difficult to determine exactly what the vehicle looked like immediately after the accident.

Photographs of both vehicles can also help identify inconsistencies between the physical evidence and later descriptions of the collision. They do not necessarily prove who was legally responsible, but they can provide useful evidence when liability is disputed.

What Should I Photograph at the Accident Scene?

When it is safe to do so, photograph more than just the damaged portions of the vehicles. The surrounding scene can sometimes be just as important.

Consider photographing the intersection or roadway from several perspectives, including:
  • Traffic signals and signs
  • Lane markings
  • The positions of the vehicles
  • Skid marks or tire marks, if visible
  • Debris from the collision
  • Damage to guardrails, poles, fences, or other property
  • Roadway conditions
  • Construction or lane closures
  • Obstructions affecting visibility
  • Nearby businesses or other locations that may have surveillance cameras
  • The general configuration of the intersection or roadway

Try to take some photographs from a distance so that the overall scene is understandable. Then take closer photographs showing specific evidence. A series of photographs can provide much more useful context than a single close-up of a damaged bumper.

Your safety should always take priority over gathering photographs. Do not stand in traffic or enter an unsafe area to obtain a photograph.

What Angles Should I Use When Photographing Vehicle Damage?

When photographing a damaged vehicle, take pictures from several distances and angles. Begin with photographs showing the entire vehicle and then move closer to document individual areas of damage.

A useful collection might include photographs from all four corners of the vehicle, side views, front and rear views, and close-ups of each damaged area. If there is significant structural or mechanical damage, photograph that damage as well when it is visible and safe to do so. Photograph the vehicle before repairs whenever reasonably possible. Once a vehicle has been repaired, important physical evidence may no longer be visible.

If the vehicle has been towed to an impound lot or repair facility and you were unable to photograph it at the scene because of your injuries or other circumstances, photographs may still be obtained later. The important consideration is to document the vehicle as soon as reasonably possible before significant repairs, alteration, or disposal occur.

Should I Photograph the Inside of My Vehicle?

Yes, when appropriate. Exterior damage is not the only evidence that can be useful after a collision. Consider photographing deployed airbags, broken or cracked windows, damaged seats, displaced interior components, shattered glass, or other changes inside the passenger compartment. If personal property was displaced or damaged during the collision, photographs may also help document that condition.

Interior photographs can provide additional context concerning what occurred during the collision. As with exterior photographs, however, they should be considered alongside medical records and other evidence rather than as independent proof of the severity of a bodily injury.

How Can Photographs Help When the Insurance Company Claims the Accident Was a “Low-Impact” Collision?

Insurance companies sometimes question injury claims when the visible property damage appears relatively minor. Photographs can help establish exactly what damage existed and provide the insurer with objective evidence concerning the collision.

At the same time, it is important not to overstate what photographs can prove. A vehicle can sustain relatively little visible damage while an occupant experiences a significant injury, and substantial vehicle damage does not necessarily mean that every occupant sustained a serious injury.

The better approach is to use photographs as part of the overall evidentiary picture. The photographs can document the collision and the resulting property damage, while medical records, diagnostic studies, physician opinions, treatment history, and the claimant's symptoms provide evidence concerning the nature and extent of the bodily injuries.

Do Vehicle Damage Photos Prove How Fast the Other Driver Was Traveling?

Not necessarily. Photographs of vehicle damage may provide useful information about the location and mechanics of a collision, but photographs alone generally should not be treated as a precise measurement of vehicle speed.

When accident reconstruction is necessary, an expert may consider photographs together with other evidence, such as vehicle crush measurements, vehicle positions, roadway evidence, witness statements, electronic vehicle data when available, and other physical evidence. The purpose may be to evaluate the direction, location, mechanics, or other circumstances of the collision.

For this reason, it is better to think of property damage photographs as preserved physical evidence rather than as a standalone calculation of collision speed or impact force.

What If I Did Not Take Pictures at the Accident Scene?

Not taking photographs at the scene does not necessarily prevent you from pursuing a personal injury claim. You may be able to obtain photographs from other sources. For example, photographs may have been taken by another driver, a passenger, a witness, a police officer, an insurance adjuster, a towing company, or a repair facility.

If your vehicle was towed, ask where it was taken and determine whether photographs can be obtained before repairs are completed. Your attorney may also be able to request photographs from the insurance company's property-damage file or other relevant sources.

Other evidence can also help establish what happened, including the traffic collision report, witness testimony, medical records, repair estimates, video footage, photographs taken by other people, and physical inspection of the vehicles.

The absence of photographs is therefore not necessarily fatal to a personal injury claim. It simply means that other available evidence may become more important.

Should I Photograph My Injuries?

If you have visible injuries, photographs can help document changes over time. Bruising, swelling, lacerations, burns, surgical incisions, and other visible conditions may change as an injury heals.

Take photographs when appropriate and preserve them with the dates they were taken. A series of photographs can sometimes provide a useful record of how a visible injury developed or healed.

Photographs of injuries should supplement—not replace—appropriate medical treatment. If you are experiencing pain or other symptoms after an accident, seek appropriate medical attention and accurately explain your symptoms to your healthcare providers.

What If My Vehicle Has Already Been Repaired?

If your vehicle has already been repaired, do not assume that all evidence has been lost. Look for photographs taken before or during the repair process and obtain copies of repair estimates, invoices, inspection reports, and other property-damage documentation.

Your insurance company may have photographs from its inspection or appraisal. The body shop may also have photographs documenting the condition of the vehicle before repairs began.

If the circumstances of the accident are disputed or the vehicle itself may be important evidence, speak with your attorney about whether additional steps should be taken to preserve or obtain available evidence.

Should I Ask the Insurance Company for Its Damage Photos?

Yes, you can ask the insurance company for copies of photographs taken during its property-damage inspection or appraisal. Keep copies of your request and any photographs or other documents the insurer provides.

If the insurance company does not voluntarily provide requested materials, an attorney can evaluate what additional options may be available. Depending on the circumstances, relevant photographs may be obtainable through the insurance claim process or, if litigation becomes necessary, through applicable discovery procedures.

You should also preserve your own photographs in their original form. Do not rely exclusively on photographs that have been uploaded to a social-media account, sent through a messaging application, or otherwise compressed or altered.

How Should I Preserve Accident Photographs?

Keep the original photographs and make backup copies. If possible, preserve the original files rather than relying solely on screenshots or photographs that have been edited, cropped, or compressed.

It can also be helpful to organize photographs by date and subject. For example, you might create folders for the accident scene, your vehicle, the other vehicle, injuries, and subsequent vehicle repairs.

Do not alter photographs in a way that could affect their evidentiary value. If you need to crop or annotate an image for presentation purposes, preserve the original file separately.

Also preserve videos, including dashcam footage. If you have dashcam footage showing the collision or events immediately before it, save the original file and create a backup as soon as possible.

Can Property Damage Photos Help Prove a Personal Injury Claim?

They can help, but they are only one part of the evidence. A personal injury claim generally requires evidence concerning liability, causation, the nature and extent of the injuries, and the resulting damages. Photographs can help document the physical circumstances of the collision and may support or corroborate other evidence.

For example, photographs may show where the vehicles were damaged, while medical records document the injuries diagnosed after the collision. Witness testimony may address what happened immediately before the impact, and a collision report may contain information recorded by law enforcement.

A strong claim is generally built from the combination of available evidence, rather than relying on one photograph or one document to establish everything.

What Should I Do After a Santa Clarita Car Accident?

If you have been involved in a car accident in Santa Clarita, Valencia, Saugus, Canyon Country, Newhall, Castaic, Stevenson Ranch, or another Los Angeles County community, focus first on safety and appropriate medical care. Once it is safe to do so, preserve photographs and other evidence that may help document what happened.

Photograph the vehicles, accident scene, roadway, traffic controls, visible injuries, and other relevant evidence when reasonably possible. Obtain witness information and preserve dashcam or other video footage. If you were unable to photograph the scene because you were injured or transported for medical treatment, do not assume that the opportunity to preserve evidence has necessarily disappeared.

Property damage photographs can be valuable because vehicles are often repaired, sold, moved, or disposed of relatively quickly after an accident. Once that happens, evidence of the original condition may become much more difficult to obtain.

If you have suffered significant injuries, if liability is disputed, or if an insurance company is questioning whether the accident caused your injuries, an attorney can help identify and preserve the evidence that may be important to your claim.

Frequently Asked Questions

1. Why are property damage photos important after a car accident?

Property damage photographs can document the condition of the vehicles immediately after a collision and provide evidence concerning the location and circumstances of the impact. They can help supplement medical records, witness statements, collision reports, and other evidence in a personal injury claim.

2. Should I photograph the other driver's vehicle?

Yes, if it is safe to do so. Photographs of the other vehicle may help document the location and nature of the impact and preserve evidence before the vehicle is repaired or otherwise altered.

3. What should I photograph after a car accident?

Consider photographing all vehicles involved, vehicle damage from multiple angles, the overall accident scene, traffic signals and signs, lane markings, debris, skid marks, roadway conditions, visible injuries, and other physical evidence that may help explain what occurred.

4. Can vehicle damage photos prove how fast the other driver was traveling?

Not by themselves. Photographs may provide useful evidence concerning the mechanics of a collision, but determining vehicle speed may require additional evidence and, in some cases, an accident-reconstruction expert.

5. Does minor vehicle damage mean that I was not seriously injured?

No. The amount of visible vehicle damage does not automatically establish the existence or severity of a bodily injury. Injury claims should be evaluated using medical evidence and the complete circumstances of the collision.

6. Does extensive vehicle damage prove that I suffered a serious injury?

No. Significant property damage may provide useful context concerning a collision, but it does not by itself establish the nature or severity of an occupant's injuries. Medical evidence remains important.

7. What if I did not take pictures at the accident scene?

You may still be able to obtain photographs from other drivers, witnesses, law enforcement, insurance companies, towing facilities, or repair shops. Other evidence, including collision reports, medical records, witness testimony, and video footage, may also help establish what happened.

8. Should I photograph the inside of my vehicle?

Yes, when appropriate. Photographs of deployed airbags, broken glass, damaged seats, or other interior damage may provide additional evidence concerning the collision.

9. Should I photograph my injuries?

If you have visible injuries, photographs can help document their appearance and changes over time. They should supplement, rather than replace, appropriate medical evaluation and treatment.

10. Can I get the photographs taken by the insurance company's adjuster?

You can ask the insurance company for copies of photographs taken during its property-damage inspection or appraisal. If the insurer does not voluntarily provide them, an attorney can evaluate what other options may be available depending on the circumstances.

11. What if my vehicle has already been repaired?

Look for photographs taken before repairs, repair estimates, inspection reports, invoices, and other property-damage documentation. Your insurance company, body shop, or other parties involved in the repair process may have photographs of the vehicle before the repairs were completed.

12. How should I preserve my accident photographs?

Keep the original files and make backup copies. Avoid altering or deleting the originals. Preserve related videos, including dashcam footage, and organize the evidence so that the dates and circumstances of the photographs can be established later.

13. Can property damage photos alone prove my personal injury claim?

Generally, no. Photographs are one piece of evidence. A personal injury claim may also require evidence concerning liability, medical causation, the nature and extent of the injuries, lost income, medical expenses, and other damages.

14. When should I contact a personal injury lawyer about vehicle damage evidence?

Consider consulting an attorney when you have significant injuries, disputed liability, substantial vehicle damage, conflicting accounts of the collision, important evidence that may disappear, or an insurance company that is questioning the cause or extent of your injuries. An attorney can help determine what evidence should be preserved and how it may be used to support your claim.

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    Attorney Robert Mansour

    Robert Mansour (CA State Bar #169118) is an attorney in Santa Clarita, California who has been practicing law since 1993.  After working 13 years for a major insurance company, he now counsels victims of personal injury. Click here to learn more about Robert Mansour.

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