Your Thoughts about Showing Dash Cam Footage at Accident Scene

Oh yes ! Disclosure ! But that's for trial ....
Isn't there a pre - trial hearing where a judge decides whether the matter should go to trial ?
So if you show up with evidence that proves your are 100% innocent of the false allegations .... ( ? )

I really don't know ? Im certainly no lawyer ...
 
Oh yes ! Disclosure ! But that's for trial ....
Isn't there a pre - trial hearing where a judge decides whether the matter should go to trial ?
So if you show up with evidence that proves your are 100% innocent of the false allegations .... ( ? )

I really don't know ? Im certainly no lawyer ...

I'm not, either. I've just attended a lot of seminars, including commercial driver ones from when I was doing things like tower installations and needed a CDL (Commercial Driver License).

Typically there are all sorts of hearings prior to a trial and sometimes even during a trial. Cases can drag on for years here. I'd guess three to four years is about average for a tort case to meander its way through the court system. Most traffic cases never get that far, though. They wind up being settled. But even then, it can take years. Many cases are settled immediately prior to or even during a trial.

Assuming the other party is at fault, I think the biggest advantage of the dash cam would be to persuade that person and/or their insurer to make a more generous offer up-front to shorten the time to getting paid.

Richard
 
I was in a minor prang and despite knowing better, I mentioned my dash cam. It turned out the camera had lost the recording. Nothing came of it, but if it had, it would have looked like I was in the wrong and deleted the footage.
Just don't give in to the temptation. All this "it may harm your defence" business is waffle, it's a way to pressure you to speak without implying you are obliged to. Criminals know to keep schtum, innocent people should follow their lead.
All you have to say soon after is "later I realised I had the dash cam running, and when I checked, it had recorded the event."
 
Hmmm , problem with video .. Its a double edged sword , and often it shows the truth ..
I watch way too much dash cam on youtube , and often the cam'er is being a douche bag ... They may legally be in the right but they are forgetting about duty of care > SAFE DRIVING !
You can be right ! and still be driving dangerously > Which in Oz is a pinch !
Because if you see a situation developing , your supposed to avoid it , not rush head long into and cause an accident . Even if by legal definition its the other guys fault ..
So a cam can really highlight poor or dangerous choices . There is one youtuber that really is picky about other peoples driving , but his own driving is some what aggressive and possibly dangerous at times as he pushes himself into situations that could have been easily avoided ..

And it is this lack of willingness to avoid situations that amazes me , its almost like a gladiatorial battle out on the roads for some people . ( Which I would consider a mental health issue )
 
My wife and I were front row witness to an accident at an intersection. I spoke with the cop but was not sure of the color of the light. We plugged my dashcam into his laptop and he pulled off only the last 3 minute file and played it. Could see in perfect clarity the color of the streetlight and was able to issue citation to the right person (Who just so happen to be unregistered and uninsured). Since they both said they were in the right it was only my cheap $50 dashcam to be the witness. The cop thought it was great. The lady who was in the right ended up mailing me a gift card as a thank-you for submitting the video.
 
In Chicago my insurance company wants to know who got the ticket. If I was sure I was in the right and it looked like I was going to get the ticket I would tell the officer I recorded the accident on my dash cam and offer to show him the information. So one of the first things I would do is have the video ready for them to take a quick look at to see what actually happened. For a minor accident with no human injury they probably wouldn't wait around for a long download and just say bring it to court to show the judge. For a major accident they would probably take the cam and inventory it for evidence. Anything in between would depend on the local department's policy. My insurance would want a copy especially if it confirmed my story.
 
I was in a 3 car accident back in April, the lady who hit me claimed I cut in front of her in the highway causing her to rear-end my car and also sideswipe another car. Once the police came, first thing I told them is that I have a dashcam and they noted it on the accident report.
Long story short, the 3min video showed me doing nothing she claimed, saved 2k deductible and an increase of insurance premium. Car was totalled and I already got a new 2channel before I even got my new car. I even got my in-laws to get dashcams for all of their cars.
you don't have to show anyone the video, you don't even have to mention it to the police, just tell your insurance company and they will tell you to upload it to them.
 
I was in a 3 car accident back in April, the lady who hit me claimed I cut in front of her in the highway causing her to rear-end my car and also sideswipe another car. Once the police came, first thing I told them is that I have a dashcam and they noted it on the accident report.
Long story short, the 3min video showed me doing nothing she claimed, saved 2k deductible and an increase of insurance premium. Car was totalled and I already got a new 2channel before I even got my new car. I even got my in-laws to get dashcams for all of their cars.
you don't have to show anyone the video, you don't even have to mention it to the police, just tell your insurance company and they will tell you to upload it to them.
[emoji33][emoji27] $2k deductible is what I'm crying at

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2k deductible :eek: as i recall mine are 1000 ( 30 years of driving no crashes )

I am not telling anyone of my cameras and even if some one spot them on site i dont think any one have the right to ask for the footage right there and then, but of course subsequent if i submit footage to my insurance company its their job to forward it to the opposing insurance company as they have the right to see it too, and maybe press charges on their lying customer.
 
2k deductible :eek: as i recall mine are 1000 ( 30 years of driving no crashes )
That seems a lot, mine is only £250, although I did pay £285 for the insurance, presumably it would increase with cheaper insurance.
 
Its $500 for the deductible here or at least for the insurance company we were with in 2012. I saw a computer store advertising a $35 dash cam and came to thought $35 would have saved us from a $500 expense. I have since purchased numerous more expensive and better dash cams.

Since then i have had five family members (some case extended) or people I work with get involved in an accident without one. Just this week my nephew had to take evasive actions to avoid being involved in a hit and run accident on a one way street which resulted in him totaling his car . This is the second time either a co-worker or family member has been the victim of a hit and run since I started swearing about the use of dash cams in early 2013.
 
Sharing of visual evidence when not involved may become a good deed gone punished due to required participation in resultant legal processes, especially if consequences are limited to property damage
I was once a witness to an accident and provided the video for the officer to watch. A few months later I got a witness subpoena to show up in court. The at fault driver tried to fight the ticket. I had brought with me a CD and thumb drive with the video on it. There was one problem once at the stand, the judge and other officials had no access to the computer to watch the video. I offered to let them watch the video on my phone, but they notified me that they would have to keep the phone as evidence and be able to return it at a later date. Since the ticketing officer showed up, he was able to give his sworn statement what he saw in the video at the scene, the at fault driver clearly ran the red light.

I would not share anything with anyone on site, i would however share my footage with my insurance company and then its their job ( i pay them for that ) to make sure the blame get put on the right person.
I am not aware that 2 insurance companies ever had to go to trial in a case / dispute.
In my accident, I kind of got lucky. Before the police showed up I over heard the driver (21 year old) tell his family he was already in front of me and I rear ended him because he had to stop for traffic. I called out saying I had a dash cam and it will tell the truth. I wasn't thinking clearly, all shaken up. He even responded saying "I got one too bub" as he walks by giving the finger. I got lucky he didn't believe me, he told his same story to the officer. When the officer came to take my statement, the kid followed him. First I tell him the kid was tailgating me and flashing his high beams. Then he stops me asking "What does him tailgating you have anything to do with you rear ending him"? So I said watch this, showing him my phone. Guess I pissed off the kid slowing down by turning off my cruse control. After the officer watched the video, he turned to the kid saying "You lied to me, why did you have to lie to me, there was no traffic in that video anywhere". After the officer gave the kid his citations, he came back to asking non official, friendly questions about the dash cam. He also asked me to email him a copy in case the tries to fight it in court.

Then the fight with the insurance companies started. I hired one of the top rated accident injury law firms we have here in Orlando, wasn't a great experience dealing with them either. The case handler wasn't doing much of anything, I was still doing most of my own footwork. I went to their doctors they recommended, and in a few months all the medical was used up with nothing really getting fixed. I still need to have surgery on my shoulder. It took a few weeks to finally get someone on the phone from his insurance company. They said they were not going to accept fault without seeing the video, the police report showed the was video. By this time I had already posted it to youtube, so I gave her the link and she watched it while I was talking to her. She said there was no way they can fight that one and will accept fault. I got a new case handler a few months ago, now I have more money coming from the insurance company for medical. Been over a year and a half and this is still going on.

Also during the time of recovery, I had a visit from a couple insurance fraud detectives. They wanted to get my statement on "tape" and sign a paper saying that is my sworn statement. They also asked if they could have a raw unedited copy of the video. I still have the SD card from the camera, so I made a CD with the relevant videos for them. Their second visit was at my work. They just wanted me to pick the kid out in a photo line up. He was arrested with two types of fraud charges.

Right now I am waiting for delivery of a Blackvue 590 to put in my wife's car.
 
I was once a witness to an accident and provided the video for the officer to watch. A few months later I got a witness subpoena to show up in court. The at fault driver tried to fight the ticket. I had brought with me a CD and thumb drive with the video on it. There was one problem once at the stand, the judge and other officials had no access to the computer to watch the video. I offered to let them watch the video on my phone, but they notified me that they would have to keep the phone as evidence and be able to return it at a later date. Since the ticketing officer showed up, he was able to give his sworn statement what he saw in the video at the scene, the at fault driver clearly ran the red light.


In my accident, I kind of got lucky. Before the police showed up I over heard the driver (21 year old) tell his family he was already in front of me and I rear ended him because he had to stop for traffic. I called out saying I had a dash cam and it will tell the truth. I wasn't thinking clearly, all shaken up. He even responded saying "I got one too bub" as he walks by giving the finger. I got lucky he didn't believe me, he told his same story to the officer. When the officer came to take my statement, the kid followed him. First I tell him the kid was tailgating me and flashing his high beams. Then he stops me asking "What does him tailgating you have anything to do with you rear ending him"? So I said watch this, showing him my phone. Guess I pissed off the kid slowing down by turning off my cruse control. After the officer watched the video, he turned to the kid saying "You lied to me, why did you have to lie to me, there was no traffic in that video anywhere". After the officer gave the kid his citations, he came back to asking non official, friendly questions about the dash cam. He also asked me to email him a copy in case the tries to fight it in court.

Then the fight with the insurance companies started. I hired one of the top rated accident injury law firms we have here in Orlando, wasn't a great experience dealing with them either. The case handler wasn't doing much of anything, I was still doing most of my own footwork. I went to their doctors they recommended, and in a few months all the medical was used up with nothing really getting fixed. I still need to have surgery on my shoulder. It took a few weeks to finally get someone on the phone from his insurance company. They said they were not going to accept fault without seeing the video, the police report showed the was video. By this time I had already posted it to youtube, so I gave her the link and she watched it while I was talking to her. She said there was no way they can fight that one and will accept fault. I got a new case handler a few months ago, now I have more money coming from the insurance company for medical. Been over a year and a half and this is still going on.

Also during the time of recovery, I had a visit from a couple insurance fraud detectives. They wanted to get my statement on "tape" and sign a paper saying that is my sworn statement. They also asked if they could have a raw unedited copy of the video. I still have the SD card from the camera, so I made a CD with the relevant videos for them. Their second visit was at my work. They just wanted me to pick the kid out in a photo line up. He was arrested with two types of fraud charges.

Right now I am waiting for delivery of a Blackvue 590 to put in my wife's car.

I'm glad you're getting justice and needed medical treatment.

There's a lot to be said for the old adage "No good deed goes unpunished." Many years ago, before dash cams existed, I witnessed an accident in New Jersey that had me tied up with lawyers for months. In that case, it was an elderly lady who was both at fault and trying to scam a 21-year-old kid. What an obnoxious old woman she was. But she was as sweet as sugar in the courtroom.

I don't know what the verdict was because I left the courtroom after my last court appearance not knowing it would be my last appearance. I was never subpoenaed to testify in that case again, so I guess it was either decided or settled after my last appearance. A dash cam would have saved me a lot of time and court appearances because the old woman was clearly speeding, ran a red light, and T-boned the kid.

Richard
 
So different in the States than here when it come to such things :)

First off we dont have law firms, at least none that specialize in accidents ( ambulance chasers ) , and in regard to injury well that of course need to get fixed and so it will via our public healthcare system.
If you have gotten any loss of ability to work that will also be assessed by the public, but here is when it turn ugly, that public system are a mess, and thats putting it nice.
But in the end those guys will reach a verdict,,,,, one you can fight if you dont agree, and only then i think will a sort of court or arbitration be needed.
If you are entitled to some kind of payment for pain / grief / loss of income, thats handled by the involved insurance companies i believe, again you can complain if you dont agree on the result.

Either way if you do not agree, then you can complain and some one will for free handle your case, naturally this mean that financial compensations for something are far from the same over here than in the states.
So you should not have to reach for your wallet as such here, but still if you get into such a spot your economy will get under some form of pressure as these systems seen to work slowly and be quite rigid.
If you go to the hospital for some weeks, and after that cant work for a while, thats of course where you will loose out on income, but its not like 100%, at once you will get sick pay which are close to your regular pay, and that you can get for many months, before you might eventually be kicked down to welfare thats not a well paying gig but still enough for you not to starve to death.
So in that regard yes you will loose some money, but hospital / treatment ASO you do not have to pay for right then and there or by having a insurance for that.

Danes are encouraged to have a accident and injury insurance, if you have car insurance that will also hold a injury part that will cover anyone you might injure, only if you have the accident insurance will you also be covered VIA insurance in some way ( this is then on top of anything public compensation )
The accident insurance ( not only traffic accidents ) also cover other things of your own and belonging to others you might ruin, if you dont have such a insurance you can get in a spot where you will have to pay up yourself, and if you cant right then and there the public will pay for you and then take the money over your taxes or pensions / welfare payments,,,, either way the public always get their money, i always said owing money to a biker gang are more easy, at least they will supply you with a sawed off shotgun and drive you to the nearest bank.
The accident insurance also cover you if you have been to the movies and gotten a little fired up and so when you get out you feel like demoing to your friend your kungfu skills from when you was a kid and had the green belt, Either way when you then kick in his teeth, your accident insurance will cover that, cuz of course you dident mean to kick his face in and so it was a accident.
And dental work are not covered by our public healthcare system ( dont ask me why its really weird to me, and probably why Danish dentist are some of the most expensive in the world )

A few years ago a American was killed by a little Electrical car the municipality in Copenhagen use for sweeping the streets ASO, the thing was not maintained properly and engaged itself and ran over the American killing him.
His family did not receive anything other things than a " we are sorry" :oops: where as if that had happened in NYC or any other American town, the town would have been taken to the cleaners.

Either way, one will be smart to trust no one, and thankfully technology can do a lot for us in this regard now :cool:
 
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If there were a death or serious multiple injuries involved the police probably would impound your vehicle and everything in it for the investigation. Just for a regular fender bender not so much. I went to court once because my car was rear ended and my insurance company was suing him for my deductible return. He was found guilty and my deductible was returned.
Here's a good video about the legalities of dashcams in the US.
 
So disable MIC at the dealership / garage and you should be good,
 
Dashcam evidence can be a double-edged sword.
Do not offer any information that may later be used against you - that includes dashcam evidence.
Take it home and review it to make sure you are blameless - in all respects.
For example if the dashcam shows you even a few mph above the local speed limit that could be used against you by all parties - other driver , police , insurer.
 
Dashcam evidence can be a double-edged sword.
Do not offer any information that may later be used against you - that includes dashcam evidence.
Take it home and review it to make sure you are blameless - in all respects.
For example if the dashcam shows you even a few mph above the local speed limit that could be used against you by all parties - other driver , police , insurer.

Dont drive like a douche !
Drive within the speed limit ..
Drive to the road rules ...
And you will be GOLDEN !
 
Technically 100% correct - but in practical terms?
They used to allow a 2-3 km/hr to the local limit but took that away several years ago.
The police used to be prohibited from setting up a speed trap downhill - not so anymore.
But here is the real rub....
§ 393.82 Speedometer.
Each bus, truck, and truck-tractor must be equipped with a speedometer indicating vehicle speed in miles per hour and/or kilometers per hour. The speedometer must be accurate to within plus or minus 8 km/hr (5 mph) at a speed of 80 km/hr (50 mph).
[70 FR 48054, Aug. 15, 2005]
The above is a USA standard - Australia used to be 10% - not sure what it is now.
Change the tire specs and you have another error.
So the Govt lecturing us on why the 2-3 buffer was dropped "That speed is the limit - it is not appropriate to have a buffer" actually signs off on a manufacturing standard of +- 10%.
So here you are in a situation like those in comments above where the other party outright lies - the insurance company has your dashcam evidence and sees 10% above the limit. The jerk that has already lied seizes the opportunity and says "yeah - and he was going a lot faster than that earlier"
Good luck with your deductible in such a situation.
So the moral of the story being check the dashcam at home before offering the evidence.
You can drive like goody -two-shoes and still be a victim.
....
I bought a Blackvue DR900S-2ch following a parking incident whilst our car was unattended.
$600 deductible.
No note left of course.
That is the main reason for the purchase - catch the next scumbag on camera.
Our second car is a 1998 Ford Fairmont bought new - runs like a 3.8L Swiss Watch.
The amount of supermarket rash is unbelievable - including a completely severed end of the rear spoiler which contains additional brake lighting. The spoiler is exactly the same height as a Toyota HiLux aluminium tray.
 
GPS navigation !
Mine has speed alert ! Currently set to ZERO tolerance , 0.5kmh over the limit and I get nagged ..
I think all my forward cams now have GPS as well ..
 
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