Timothy Jacques
New Member
- Joined
- Sep 7, 2015
- Messages
- 3
- Reaction score
- 13
- Location
- Tampa, FL
- Country
- United States
- Dash Cam
- Have not purchased yet.
New to the forum here, Hello everyone.
I am currently researching what DashCam to buy. I have a 31mile each way commute on Central Florida surface roads and highways. I should have purchased one of these years ago.
I have handled auto insurance claims for the past 11 years. I have seen Dash Cam footage help and hurt cases. Unfortunately, over the thousands of claims that I have handled, and tens of thousands that my co-workers have handled, Dash Cam or usable surveillance footage has only been available in less than a dozen cases that I can think of.
As owners of Dash Cams, you will likely, at some time, see an accident or be involved in one where your footage is material.
Below is my opinion only, and is simply what I would do. Please let me know your thoughts, and if you would do something different:
Scenario 1- You witness an accident:
- Stop at the scene, and provide your name and phone number to all parties involved. Tell them that you witnessed the accident, and that you will discuss it with Law Enforcement or their Insurance Companies.
- Do not tell them what you saw (Why debate it with folks in an emotional situation? Why risk that one party will try to discredit your version?)
- Do not tell them that you have video (What if your recording failed? Why debate what is on the video with them?)
- Do not wait around for Law Enforcement. Provide your information and be on your way. Most police, sheriffs, and state patrols will call a witness after the fact.
- When called by Law enforcement, tell them what you witnessed, and tell then that you "May" have captured the accident on video, and that you will E-mail a copy to them or their department. Do not offer to send them a memory card or your camera. They may protest, but trust me, they or their State Attorney have a way of receiving an E-mail.
- When contacted by an auto insurance company, see above.
Scenario 2- You are involved in an accident:
- Stop, turn off your vehicle, unplug your Dash Cam, disconnect it, and place it in your pocket or a bag. Why??? You do not want Law Enforcement to "talk you in to" turning this over to them as evidence. You do not want them to try and seize it- legal or not. You do not want to debate what is on the tape with the other party to the accident. What if you were involved in an accident with another member of law enforcement or firefighter? The "Good Old Boy" network will do everything in their power to protect their comrade- why tip them off that you may have footage.
- Look around for witnesses and other surveillance footage- Obtain full name and phone number of any witnesses. If any surveillance cameras, ask if you can tape their feed on your cell phone.
- Use your cell phone to photograph the other vehicle, as well as their license plate. (Many people flee once the police are called)
- Dial 911, and ask for a police report- Do this every time- no matter how polite, apologetic, etc the other driver is. Just tell them that you need the accident documented.
- Wait for law enforcement, tell them your version of events, and let them do their investigation. If you are unjustly cited for the accident, say nothing about your video, and present it in court.
- Call your insurance company, provide them with your version of the events, the contact information for the other party.
- If any debate arises about the accident, if you hear anything other than "You are 0% at fault, and we are paying for your damages" that will be the time to produce, review, and send your video to the insurance adjusters involved.
Some general tips:
- Review the negligence law for your state. In some states, such as Florida, a party can be found from 0% - 100% at fault in an accident- Does your video prove that you are truly 0% at fault? (You did nothing to contribute to the accident, and you could not have avoided the accident.) In other states, such as Virginia, if a party contributes even 1% to an accident, they are barred from recovery. (If you GPS shows you going 3mph over the speed limit, and a party pulled out in front of you, that contribution could be argued.) Other states have "modified" comparative laws- Check yours out.
- I would think twice before activating a GPS speed function. The speed I see displayed in videos is often delayed by several seconds, and is not 100% accurate. Additionally, it will provide evidence that later may be used against you. See above.
- Watch your mouth- In the few videos I have reviewed, I have heard drivers making aggressive remarks, cursing after an accident, etc. All of this will display you character, at your most trying moment, to a stranger.
- Please don't interpret my opinions above as indicating that I am against law enforcement. I have a tremendous resect for the job that they do, as well as the risks that they take. I cannot compare myself, as a desk jockey, to them. That being said, however, law enforcement officers are doing a job, and just like you and I, they make mistakes, defend those they care about, and are, generally, human.
I'm curious if anyone has found themselves in these type situations, and what happened?
I'm curious if anyone would do anything different?
If you would like an objective opinion on an accident you are involved in, I would be happy to discuss it with you.
Take Care....Tim
I am currently researching what DashCam to buy. I have a 31mile each way commute on Central Florida surface roads and highways. I should have purchased one of these years ago.
I have handled auto insurance claims for the past 11 years. I have seen Dash Cam footage help and hurt cases. Unfortunately, over the thousands of claims that I have handled, and tens of thousands that my co-workers have handled, Dash Cam or usable surveillance footage has only been available in less than a dozen cases that I can think of.
As owners of Dash Cams, you will likely, at some time, see an accident or be involved in one where your footage is material.
Below is my opinion only, and is simply what I would do. Please let me know your thoughts, and if you would do something different:
Scenario 1- You witness an accident:
- Stop at the scene, and provide your name and phone number to all parties involved. Tell them that you witnessed the accident, and that you will discuss it with Law Enforcement or their Insurance Companies.
- Do not tell them what you saw (Why debate it with folks in an emotional situation? Why risk that one party will try to discredit your version?)
- Do not tell them that you have video (What if your recording failed? Why debate what is on the video with them?)
- Do not wait around for Law Enforcement. Provide your information and be on your way. Most police, sheriffs, and state patrols will call a witness after the fact.
- When called by Law enforcement, tell them what you witnessed, and tell then that you "May" have captured the accident on video, and that you will E-mail a copy to them or their department. Do not offer to send them a memory card or your camera. They may protest, but trust me, they or their State Attorney have a way of receiving an E-mail.
- When contacted by an auto insurance company, see above.
Scenario 2- You are involved in an accident:
- Stop, turn off your vehicle, unplug your Dash Cam, disconnect it, and place it in your pocket or a bag. Why??? You do not want Law Enforcement to "talk you in to" turning this over to them as evidence. You do not want them to try and seize it- legal or not. You do not want to debate what is on the tape with the other party to the accident. What if you were involved in an accident with another member of law enforcement or firefighter? The "Good Old Boy" network will do everything in their power to protect their comrade- why tip them off that you may have footage.
- Look around for witnesses and other surveillance footage- Obtain full name and phone number of any witnesses. If any surveillance cameras, ask if you can tape their feed on your cell phone.
- Use your cell phone to photograph the other vehicle, as well as their license plate. (Many people flee once the police are called)
- Dial 911, and ask for a police report- Do this every time- no matter how polite, apologetic, etc the other driver is. Just tell them that you need the accident documented.
- Wait for law enforcement, tell them your version of events, and let them do their investigation. If you are unjustly cited for the accident, say nothing about your video, and present it in court.
- Call your insurance company, provide them with your version of the events, the contact information for the other party.
- If any debate arises about the accident, if you hear anything other than "You are 0% at fault, and we are paying for your damages" that will be the time to produce, review, and send your video to the insurance adjusters involved.
Some general tips:
- Review the negligence law for your state. In some states, such as Florida, a party can be found from 0% - 100% at fault in an accident- Does your video prove that you are truly 0% at fault? (You did nothing to contribute to the accident, and you could not have avoided the accident.) In other states, such as Virginia, if a party contributes even 1% to an accident, they are barred from recovery. (If you GPS shows you going 3mph over the speed limit, and a party pulled out in front of you, that contribution could be argued.) Other states have "modified" comparative laws- Check yours out.
- I would think twice before activating a GPS speed function. The speed I see displayed in videos is often delayed by several seconds, and is not 100% accurate. Additionally, it will provide evidence that later may be used against you. See above.
- Watch your mouth- In the few videos I have reviewed, I have heard drivers making aggressive remarks, cursing after an accident, etc. All of this will display you character, at your most trying moment, to a stranger.
- Please don't interpret my opinions above as indicating that I am against law enforcement. I have a tremendous resect for the job that they do, as well as the risks that they take. I cannot compare myself, as a desk jockey, to them. That being said, however, law enforcement officers are doing a job, and just like you and I, they make mistakes, defend those they care about, and are, generally, human.
I'm curious if anyone has found themselves in these type situations, and what happened?
I'm curious if anyone would do anything different?
If you would like an objective opinion on an accident you are involved in, I would be happy to discuss it with you.
Take Care....Tim