Caught on Camera: How Your Dashcam Could Make or Break Your Accident Insurance Claim!
This situation can happen to anyone: You’re driving home from work, listening to your favorite podcast as you approach a busy intersection. The traffic light is green and you continue to drive forward. Suddenly, another car makes a left turn in front of you and you T-bone the other vehicle. The other driver gets out of the car and claims you were speeding. He insists you are at fault. Your word against theirs, right? Not quite—your dashcam has been recording the whole time, capturing the green light, your speed, and the other driver’s decision to turn in front of you. Can this footage be used to prove your innocence?
Generally, yes, dashcam footage of car accidents can be admitted as evidence in court. In fact, dashcams are playing a pivotal role in determining the outcome of insurance claims in Florida. However, it’s important to remember that dashcams can also be used against you. In this article, our experienced Florida car accident attorneys examine the pros and cons of dashcams and provide tips for using dashcams in your vehicle.
The rise and power of dashcams
Dashboard cameras, or dashcams, are quickly becoming must-have gadgets for drivers in Florida. With the ability to record everything that happens on the road, these windshield- or dashboard-mounted cameras offer a sense of security and a way to capture those unexpected moments—like car accidents and road rage incidents.
In a recent study conducted by Research Nester, nearly 10 to 18% of people use dashcams while driving in the United States. That number is expected to significantly increase as more and more people are installing dashcams for reasons that go beyond personal safety.
- Some insurance companies offer policy discounts to drivers who install dashcams because they provide clear video evidence in the event of an accident.
- Many drivers working for rideshare services, such as Uber and Lyft, use dashcams to record interactions with passengers and to protect themselves from false claims or disputes.
- Trucking companies also widely use dashcams to monitor their fleets, ensuring drivers adhere to safety regulations.
- Dashcams have also found a unique role in the world of social media, where drivers capture and share unusual or shocking footage from the road as a way to turn everyday commutes into viral content.
Regardless of whether people use dashcams for safety, financial savings, job security, corporate oversight, or entertainment, there are clear legal benefits for having these recording devices in your vehicle.
How dashcams can help your car accident claim
Dashcam footage can provide strong evidence in your car accident claim. Here are a few ways they can help and protect you if you’re ever involved in an auto accident in Florida.
- Prove fault: In the aftermath of a car accident, determining who is at fault is crucial for processing insurance claims. Dashcam footage can provide irrefutable evidence of the events, showing who made the wrong move. If the other driver ran a red light, failed to yield, or engaged in reckless driving, your dashcam could capture it all, making it easier to establish liability and expedite your claim.
- Protect against fraud: Insurance fraud is a significant problem, with some drivers staging accidents or exaggerating injuries to collect payouts. Dashcams can help protect you from being targeted by fraudulent claims by providing a clear video record of what actually happened. This can prevent scammers from taking advantage of you or your insurance company.
- Support your version of events: After an accident, your recollection of events might be challenged by the other party, witnesses, or even the responding officers. A dashcam provides a reliable, unbiased account that supports your narrative, making it less likely that you’ll be unfairly blamed.
Potential pitfalls: How dashcams can be used against you
While dashcams can be incredibly beneficial, there are scenarios where they might backfire. Here are some ways your dashcam footage could complicate your car accident insurance claim:
- Reveal your partial or full fault: If your dashcam captures footage showing that you are partially or fully at fault, this can negatively impact your claim. For instance, if the footage shows you were speeding, distracted, or making an illegal maneuver, your insurance company could use this as a basis to reduce your payout or even deny your claim altogether.
It’s important to understand that Florida uses a modified comparative negligence law to determine who is responsible for accidents and how much damages are awarded. This law went into effect on March 24, 2023, and applies to all negligence claims filed on or after that date, except for medical malpractice cases. Under modified comparative negligence, people who suffer injuries due to negligence can only recover damages if they are found to be 50 percent or less responsible for their injuries. If somebody was hurt in the accident and is more than 50 percent at fault, the new law bars them from recovering any damages.
- Expose minor infractions: Even if you aren’t at fault for the accident, dashcam footage could still reveal minor traffic violations on your part, like rolling through a stop sign or failing to use a turn signal. While these might not directly affect fault, they could be used by the opposing party’s insurance company to argue for shared liability, ultimately affecting your compensation.
- Privacy and consent issues: Not all jurisdictions in Florida have the same rules about recording others without consent. If your dashcam captures a third party, such as a pedestrian or another driver, without their knowledge, there could be legal complications that affect your claim. It’s important to be aware of the laws in your area regarding video recording in public spaces.
Tips for using dashcams in Florida
If you have a dashcam or would like to install one in your vehicle, here are several tips for ensuring your device works to your advantage.
- Invest in quality: A dashcam with high-resolution video, good night vision, and a wide field of view will capture clearer and more useful footage. The better the quality, the more persuasive the evidence.
- Keep it running: Make sure your dashcam is always recording when you’re driving. Accidents happen when you least expect them, and missing footage could be the difference between a quick resolution and a drawn-out dispute.
- Secure and manage your footage: Regularly check your dashcam to ensure it’s functioning correctly and securely store important footage. If you’re involved in an accident, back up the relevant video files immediately to prevent accidental deletion or loss.
- Understand your rights: Familiarize yourself with local laws regarding dashcam use, recording permissions, and the legal requirements for submitting footage as evidence. In Florida, the law allows for the recording of video footage in public spaces, including roadways, without the need for consent from other parties. This means that dashcam footage recorded on public roads is generally admissible in court as long as it is relevant to the case. However, if the footage captures private conversations or activities that are not visible from the public roadway, it may be deemed inadmissible due to privacy concerns.
- Be selective with sharing: Only share dashcam footage with your insurance company if it clearly supports your claim. If the footage could be interpreted unfavorably, consider consulting with a legal professional before handing it over.
Dashcams can make a difference in your car accident case
Dashcams are powerful tools that can either support or undermine your accident insurance claim. By providing clear, objective evidence, they can help you prove your case and protect you from fraud. However, if the footage doesn’t reflect well on your driving, it could complicate matters.
The key is to use your dashcam wisely: ensure you’re capturing high-quality footage, know when and how to share it, and stay informed about the relevant laws and regulations. With the right approach, your dashcam can be your best ally on the road, helping you navigate the sometimes murky waters of insurance claims with confidence.
Need help with a car accident claim in Florida?
Call Avera & Smith at 800-654-4659 for a free consultation
At Avera & Smith, we are passionate about helping car accident victims and their loved ones achieve justice by holding at-fault parties accountable. For over 70 years, our firm has helped thousands of individuals and families recover from serious, life-altering car accidents throughout North and Central Florida, including Gainesville, The Villages, Ocala, Lake City and Jacksonville. If you need help with a car accident claim in Florida, the best thing you can do is call our office and speak with one of our experienced car accident attorneys. Free of charge, we will set up an in-person or over-the-phone consultation to help you understand your rights.
Learn more about how Avera & Smith can help you with a free, no-obligation consultation with one of our experienced Florida car accident attorneys. To schedule your complimentary consultation, call 800-654-4659 or fill out our secure online form here.