Car accidents happen fast, and when they do, it’s easy to forget all the details, especially when you were seriously injured. At the scene of the accident, you may think it’s clear who was at fault and who wasn’t, but when it comes time to discuss the insurance settlement, you may find the other driver has changed their story to put some of the blame on you. What seemed clear cut has now become a “he said, she said” conversation, and insurance companies are all too happy to use this confusion to escape paying a fair settlement. When there are conflicting stories, you need something concrete.
Dashcam footage can be easily retrieved, and more importantly, can impact car insurance claims and legal cases, even when the other driver tries to spin a new tale. Truck drivers have been using dashcam devices for years as a way to protect themselves on the road, and more and more individual drivers are realizing the value in this investment.
The most effective thing dashcam footage can do is help establish fault. If the other driver swerved into your lane, ran a red light, or pulled out in front of you, you will have clear evidence. This eliminates the guesswork. Dashcam devices can capture erratic or speeding drivers, making it much harder for insurance adjusters to question your version of the story.
There are many instances where the insurance company will attempt to minimize your injuries and how the accident is impacting your life to try to reduce their settlement offer. Dashcam footage offers a real image of the accident, providing strong evidence as to exactly what caused your injuries. When dashcam footage is combined with medical reports, it is much harder for insurance companies to dispute the severity of injuries.
Car accident evidence can be murky. It relies on eyewitness accounts, recreations, and expert testimony of what “likely” happened. If one person’s testimony or eyewitness account differs from another’s, it can be difficult to discern where the real facts lie.
While accident investigators and reconstructionists can usually put together a pretty rough rendition based on the physical evidence, it’s never foolproof, and insurance companies will use this to their advantage and draw out the settlement process. If things are murky, they can “investigate” for days, weeks, or months, delaying your payments, causing significant financial stress, and putting you in a tenuous position where you may be tempted to jump on a settlement that doesn’t cover all your expenses. With dashcam video evidence, the murkiness clears up significantly, which means that the insurance company will have no choice but to look at the facts and act accordingly.
Disputed liability slows down the claims resolution process after an accident. Neither driver – and neither insurance company – wants to accept that blame. Any doubt allowed to creep in can lower your settlement. Therefore, dashcam footage is most useful when it clearly demonstrates which driver was at fault for the accident. If you have clear visible proof of one driver running a stop sign or red light, speeding, or swerving, the liability dispute can be more quickly resolved.
Generally speaking, dashcam footage is valuable and properly obtained footage usually won’t be challenged. However, there are situations where it can be. First, although dashcams are legal in this area, it’s important to make sure that they are legal where you are driving, especially if you cross state lines. This is especially important if your dashcam records audio. Ohio is a state that requires only one party to consent to the audio being recorded. But other states are “two party consent”, meaning that everyone in the car needs to know they are being recorded and you need to have clear permission. If it’s found that you didn’t have permission and your dashcam was capturing audio, even if that audio was of your own passengers, the other side may try to challenge the admissibility of the recording.
The other primary reason that dashcam footage can be challenged is if it was improperly mounted in your vehicle. Most state laws require the dashcam to be mounted such that it does not obstruct the driver’s view in any way. If it is discovered that your dashcam was incorrectly placed, it’s possible that the other attorney will try to pull some legal judo on you, by arguing that your vision was impaired, which helped to cause the accident.
Dashcams are not foolproof, but can make a difference between a long drawn out “I say, you say” situation with contrasting circumstantial accounts to help improve the chances of a fair settlement based on indisputable evidence. If you have been involved in an accident and have dashcam footage that can strengthen your claim, it’s a good idea to have an attorney review the footage and advise you on how to proceed before you attempt to showcase it on your own. The aftermath of any serious accident is always less stressful with an attorney on your side. Your attorney can make sure that the footage is clear, is legal to use, and provides the evidence you need for a comprehensive and fair settlement.
A dashcam can do more than just record your drive—it can protect your rights after a crash and help support the compensation you need to move on. When insurance companies question your version of events or try to downplay your injuries, having clear, visual evidence on your side changes the game. But even with solid footage, it’s important to know how and when to use it. Working with an experienced car accident attorney ensures your evidence is both admissible and impactful—so you’re not left settling for less than you deserve. If you’ve been injured in a car accident that wasn’t your fault, contact Arthur Law Firm right away (419) 782-9881 for a free consultation.