Just because you’re driving responsibly and following all traffic rules doesn’t mean you can’t get into a car accident. Other drivers may not be as careful as you, and their reckless driving can lead to an accident.
One of the biggest concerns following a car accident is whether you’ll get compensated for your damages fully by the insurance company. You must prove to your insurer that you weren’t at fault. It might affect your claim if the insurance company finds out you had even the smallest role in the accident. This is where your dashcam footage can come to your rescue.
The first thing you should do after getting into a car accident is to get in touch with a car accident lawyer. And tell them you’ve got a dashcam recording from the accident. If you noticed the other car had a dashcam, too, you should bring this to your lawyer’s knowledge as well.
This blog post will explain how your dashcam footage can help you with your claim following a car crash. As well as, if your lawyer can request dashcam footage and use it as evidence.
How Useful Can Dashcam Footage Be in a Car Crash Case?
A dashcam is a camera installed on the vehicle’s dashboard or windscreen. The main purpose of a dashcam is to record everything that happens outside the vehicle. In car accident cases where it’s not clear who was at fault. Then a dashcam recording can give a better visual explanation of what actually happened.
If you’re certain that the other driver was at fault, you can have your lawyer use the footage from your dashcam to prove your innocence or the other party’s negligence. The footage can help the jury understand the actual scenario better, but it’s never a deciding factor in car crash cases. Your dashcam footage can support your claims, but you can’t expect the jury to give a ruling based entirely on it.
Can Your Lawyer Request Dashcam Footage of Your Car Crash?
One of the most commonly asked questions following car accidents is if the victim’s lawyer can request dashcam footage of a car crash. The answer to this question is yes. A lawyer can request the footage of your dashcam to understand the case better and be certain of what happened and if you were to blame even slightly. A lawyer can only make a strong case if they know the exact facts.
If you noticed that the other vehicle involved in the accident had a dashcam, too, you should immediately inform the police that arrived on site so that they can take notes. However, if the other driver was at fault, they might delete the footage so that it can’t be used against them. Therefore, if the police document the presence of a dashcam on their car, it gets harder for them to delete the footage.
Once the police know about it, they can obtain it from them and use it for record keeping. Your lawyer can then request the police to let you have a look at this footage. If the other party is reluctant to share the footage or straight away refuses, your lawyer can request the court for a subpoena.
Does Dashcam Footage Always Help?
Your dashcam footage may show the other driver’s negligence and may look like it can turn the case in your favor. But that’s not always the case. Footage from your dashcam can even hurt your case and affect your claim. Now, you may wonder how.
Dashcams not only record what happens outside the car, but it also records what happens inside. This means that your conversation with fellow passengers will also be recorded. Now, let’s say you heard your phone ring, and you asked your fellow passenger to pass your phone over, and just a few minutes later, the accident happened. This can show that you were distracted while driving and this can make you appear guilty. In this case, you can’t claim damages from your insurance company.
Another complication with using dashcam footage for a car crash case is whether the passengers in your car knew they were being recorded. Some states require the consent of both parties before you can record them. While in some states, the consent of one party is sufficient. But, if the accident happened in a state where you need the consent of all passengers for recording. Then you might be in trouble if you ‘forgot’ to let your passengers know you had a dashcam in your car recording their conversation.
So, when your lawyer requests dashcam footage of your car crash, you must be absolutely honest with them. Your lawyer will scrutinize the footage and present it as evidence only if they’re certain that it doesn’t contain anything that can go against you.
While dashcams are good. The recorded footage may not be the most useful thing for you in case of an accident. The footage records everything, which means you can’t hide or lie about any facts. Only your car crash lawyer can tell you if the dashcam footage will be useful in the case. And whether you should use it as evidence to prove you weren’t at fault with the insurance company.
If you’ve recently had an accident, you should learn as much as you can about the complexities of car crash cases. You should know about the tactics insurance companies play. So, that they don’t have to pay you as much as you deserve. It doesn’t really matter how much premium you pay for your auto insurance. The insurer will take any chance they can to prove you were at fault. So that they can offer you a lower compensation.
You can read more about auto accident law on our legal blog Spirit One, for more information.