I just installed a dashcam in my wife's car and it got me thinking. Let's say she's involved in a minor fender bender where the other driver is clearly at fault but that might not be obvious to law enforcement or insurance after the fact, based on where the damage is on each car, etc. However, the dashcam clearly captures the other driver running a stop sign or something of that nature. The problem I wonder about is that the dashcam in my wife's car also indicates speed so let's say that she was going 30mph in a 25mph zone. Would sharing that video solve the problem of who is at fault or would "they" say that had my wife been going 25mph, the accident would never have happened?
Dashcam...Solve or create problems?
- Thread starter Dave P.
- Start date
Dashcams and any video footage can always be a double edge sword. However, they never lie and more often than not, they provide protection for the innocent driver. The at-fault driver will have incentive to lie and deny for self-preservation, especially when independent, objective witnesses are not available to testify. Remember, without a subpoena, you have no obligation to disclose video evidence if it is not in your interest to do so.
Our Viofo dash cam isn't highly accurate on the gps speed, based on a couple vehicles. So if it's a small difference it could be argued. Regardless one is worth it. If you place it where other drivers can see it stops alot of it right away.
I would rather have the evidence, and choose not to disclose, than to try and prove a point without evidence.
But this is a question for attorneys - and some attorneys recommend not having a dashcam - so, I would think it depends on your jurisdiction. What are you required to disclose? What can the police/courts subpoena?
But this is a question for attorneys - and some attorneys recommend not having a dashcam - so, I would think it depends on your jurisdiction. What are you required to disclose? What can the police/courts subpoena?
This
- Joined
- Dec 20, 2024
- Messages
- 591
If you're still conscious after the event, your first reflex should be to take the dashcam off and hide it - unless you think there's more to record (like if more events are unfolding in front or at the rear of the car).
Law enforcement officers (LEO) can't force you to have a camera, but they can require the footage should they see that you have one.
Same for the adverse party.
You can always provide the footage later, if it plays to your advantage.
As for who's at fault - as long as your vehicle is moving (and sometimes even when it's not) - some percentage of blame will be applied to you.
The footage is not there to show how guilty the other party is - it's mostly there to show how perfect you are, and to dispute the false statements the other party will inevitably submit.
Never start the conversation - if any - with the other party with "I have a dashcam, you're so done". Be courteous and polite, start with "are you OK ?", give them a first name to call you by. Establish the facts, share them with the LEO for the accident report, de-escalate any possible tension while waiting for the LEO, then bide your time as the other party self-righteously sinks in their lies. If possible, have them sign on those lies. Then conclude with "I respectfully disagree, this is absolutely not how it happened, and I am confident my dashcam footage will confirm it".
As with any weapon - dashcam footage is to be used fast, by surprise, when it's needed, if it's needed.
Law enforcement officers (LEO) can't force you to have a camera, but they can require the footage should they see that you have one.
Same for the adverse party.
You can always provide the footage later, if it plays to your advantage.
As for who's at fault - as long as your vehicle is moving (and sometimes even when it's not) - some percentage of blame will be applied to you.
The footage is not there to show how guilty the other party is - it's mostly there to show how perfect you are, and to dispute the false statements the other party will inevitably submit.
Never start the conversation - if any - with the other party with "I have a dashcam, you're so done". Be courteous and polite, start with "are you OK ?", give them a first name to call you by. Establish the facts, share them with the LEO for the accident report, de-escalate any possible tension while waiting for the LEO, then bide your time as the other party self-righteously sinks in their lies. If possible, have them sign on those lies. Then conclude with "I respectfully disagree, this is absolutely not how it happened, and I am confident my dashcam footage will confirm it".
As with any weapon - dashcam footage is to be used fast, by surprise, when it's needed, if it's needed.
Last edited:
The dash cam has been a great thing in my case. We changed lanes at 4mph in a traffic jam. We were at fault for turning into the other driver. However, the dash cam showed us with seatbelts on, using the signal, looking multiple times, checking the mirror and so on. Crunch.
The other driver claimed injury, claimed he was going 70 and more. What actually happened is that he was stuffing his face with a Subway sandwich, moving very slowly with traffic and we simply did not see him and he did not slow down at all to let us in, likely due to being distracted.
The case was dropped. Our insurance covered the damage to his car, about $700.
The other driver claimed injury, claimed he was going 70 and more. What actually happened is that he was stuffing his face with a Subway sandwich, moving very slowly with traffic and we simply did not see him and he did not slow down at all to let us in, likely due to being distracted.
The case was dropped. Our insurance covered the damage to his car, about $700.
You can always redact it, just like the government does. Just don’t give out the raw video footage if you think it might incriminate you. It’s your right not to incriminate yourself.
Edit the video and then share it with law enforcement or insurance company.
Edit the video and then share it with law enforcement or insurance company.
LMAO that's so wrong it's not even funny.
- Joined
- Dec 20, 2024
- Messages
- 591
You just made an accident into a false statement case. Way to go
I presume you would be submitting the entire SD card to the police? Or would you submit just a clip in question?You just made an accident into a false statement case. Way to go
- Joined
- Dec 20, 2024
- Messages
- 591
I am not a lawyer so take it with a grain of salt, but my understanding is that any alteration to the footage would make it void, and usually it's the SD card that they take. But that's I guess for cases that are bad enough.
You can submit anything you want to the insurer. It's just that if it goes higher you might get in trouble.
Some dashcams for the Euro market even have one obvious and one hidden sd card slots so the police can grab the data while you keep a copy. But that's Euro way east of the Baltics
You can submit anything you want to the insurer. It's just that if it goes higher you might get in trouble.
Some dashcams for the Euro market even have one obvious and one hidden sd card slots so the police can grab the data while you keep a copy. But that's Euro way east of the Baltics
You'll submit whatever they subpoena.
They would have to show that the dashcams recorded mph is accurate and consistent as compared to your cars speedometer. Whether you were going 25mph or 30 mph does not negate requirement of coming to a complete stop at a stop sign.
Since the other driver is required to stop at the stop sign , even if no other car is in sight, it would be difficult for them to say you had contributory negligence in causing the accident
Since the other driver is required to stop at the stop sign , even if no other car is in sight, it would be difficult for them to say you had contributory negligence in causing the accident
Right. For other police matters, the "chain of custody" is pretty important and has a much higher standard.
https://personalinjuryco.com/how-dash-cams-help-car-accident/
Similar threads
