A picture is worth a thousand words, but dashcam video of your accident can be worth thousands of dollars in your claim. Clear footage showing the other driver running a red light or rear-ending you eliminates disputes about fault. Here's how to use dashcam evidence effectively.
Why Dashcam Evidence Is Powerful
Dashcam footage provides:
- Objective documentation of what happened, free from memory errors
- Clear evidence of traffic signal status, lane positions, and driver behavior
- Proof of speed and road conditions
- Documentation of the other driver's statements at the scene
- Evidence that's hard for the other side to dispute
Insurance adjusters and juries find video evidence compelling. Claims with clear dashcam footage often settle faster and for more money.
What Dashcam Footage Can Prove
Dashcam video can establish:
- Which driver had the green light or right-of-way
- That the other driver was distracted (looking at phone, etc.)
- Aggressive driving behavior before the crash
- Road conditions and visibility at the time
- The severity and nature of the impact
- That you were driving safely and following traffic laws
Preserving Your Dashcam Footage
Dashcam footage can be overwritten automatically. Most dashcams record in a loop, overwriting old footage when storage fills up. Immediately after an accident:
- Stop the recording to prevent overwrite (check your camera's lock or protect feature)
- Remove the SD card or transfer footage to another device
- Make multiple backup copies immediately
- Note the camera's date/time settings for accuracy
Never edit the original footage. Any editing can raise questions about authenticity. Keep the raw file untouched.
Obtaining Footage from Other Sources
Your dashcam isn't the only possible source of video. Other footage may exist:
- The other driver's dashcam (obtainable through discovery in litigation)
- Nearby business surveillance cameras
- Traffic cameras at intersections
- Witness cell phone video
- School bus cameras if a bus was involved or nearby
Act quickly to request this footage—many systems automatically delete recordings after days or weeks.
What If the Footage Hurts Your Case?
Sometimes dashcam footage reveals that you made a mistake. Important considerations:
You cannot destroy evidence. Once you know litigation is possible, destroying unfavorable footage is spoliation of evidence—a serious legal violation that can result in sanctions.
However, you're not required to volunteer harmful evidence before litigation. Consult an attorney to understand your obligations and options.
Even footage that seems unfavorable might support your case in ways you don't realize. An attorney can evaluate its impact.
Authenticating Video Evidence
For video to be admissible in court, it must be authenticated. This means establishing:
- The video hasn't been altered or edited
- The date, time, and location are accurate
- The footage shows what it purports to show
Metadata embedded in the video file helps prove authenticity. This is another reason to preserve the original file without editing.
Dashcam Features That Help
Useful dashcam features for accident documentation:
- GPS logging: Records location and speed data
- G-sensor: Automatically locks footage when impact is detected
- Loop recording protection: Prevents overwrite of locked files
- Dual cameras: Captures front and rear views simultaneously
- Date/time stamp: Embedded timestamps in the video
Sharing Footage with Insurance
When providing dashcam footage to insurance:
- Give them a copy, not the original
- Document when and how you provided the footage
- Consider consulting an attorney first if liability is disputed
Once you share footage, you lose control over how it's used. The insurer may share it with the other driver's insurance or use it in ways you don't anticipate.
Privacy Considerations
Dashcam use is legal in all U.S. states, but:
- Audio recording laws vary—some states require all-party consent to record conversations
- Placement shouldn't obstruct your view (windshield mounting regulations vary by state)
- Recording on private property may have limitations
Conclusion
Dashcam footage can be decisive evidence in proving fault. If you have footage of your accident, preserve it immediately and make backup copies. If you don't have a dashcam, consider installing one—the small investment can make an enormous difference if you're ever in an accident. When fault is captured on video, disputes about what happened largely disappear.