Dash cams have become a technological mainstay in recent years and are increasingly popular with drivers for a variety of reasons. For example, some people like to review the footage searching for great scenic pictures, but most drivers like knowing everything in front of their vehicle is being recorded—the video recording gives some drivers a little extra peace of mind.
Did you know that dash cams are an effective tool in car crash cases? The same footage that captures gorgeous scenery can also record the events leading up to your accident. Even the wreck collision is often captured by the dash cam. However, the dashcam evidence is only useful when you’re able to use it in your accident case.
Legally Installing a Dash Cam in Your Vehicle
As the number of road rage incidents and car accidents increases, more drivers are installing dashcams in their vehicles. A recent AutoPacific study reports an estimated third of drivers plan on either purchasing a vehicle with a dash cam or installing one in 2024.
If you’re wondering if it’s legal to have a dashcam in your vehicle, the answer is yes but there are limitations. Florida Statutes § 316.2004 prohibits drivers from blocking their windshield and this is where you install the dashcam. While the statute doesn’t prohibit dash cams, it does mean you need to think carefully about placement.
You can receive a fine for obstructing your windshield and this also means removing the dashcam. If you need assistance with installation, most vehicle repair shops can install your dashcam so it meets all of Florida’s legal requirements.
What Florida Says About Using Dash Cam Footage in a Car Accident Claim
In most accident cases, Florida law isn’t going to prevent you from using the footage as evidence in your car accident case. However, don’t start downloading hours of video footage and getting it ready to show the insurance adjuster or court. The state has a couple of conditions before you can use dashcam footage in your accident case.
The video footage must be directly related to your case. In other words, don’t upload hours of scenic footage. You can only use footage of events right before and during the time of the accident. In most cases, this is only a couple of minutes of video.
Your video must be clear and easy for everyone to see. If the video is blurry or shaky, it may be considered unusable. The video must be authentic and recorded on your vehicle’s device.
If you’re submitting footage taken from another vehicle’s dashcam, you’re probably going to need the car’s owner to sign a release form. The dashcam’s owner may also need to provide in-person testimony to support the video evidence.
Not all footage recorded off of someone else’s dashcam is allowed to be used as evidence. You can swear under oath to attest to the video’s authenticity.
If you can meet all of these requirements, there’s a good chance you can use the dashcam footage as evidence in your vehicle accident case.
Will an Insurance Company Accept Your Dash Cam Footage
Since Florida is a no-fault insurance state, you may not need to submit footage from your dashcam to support your accident case. You’re only turning to your auto and PIP insurance to cover your damages. Most insurance providers will settle your claim without too much fuss, especially if you provide them with a copy of your accident report.
While it’s often easier to receive compensation in no-fault insurance states, there’s almost always the issue of the policies’ caps. Drivers in Florida only need to carry a minimum of $10,000 in property damage insurance and the same amount for their PIP policy.
Unfortunately, a $10,000 cap doesn’t go very far when it comes to medical costs. This often means turning to the at-fault driver’s insurance carrier to cover the remainder of your damages.
This type of situation is exactly when your dashcam footage can be invaluable since footage of the minutes and seconds leading up to your accident typically identifies the at-fault driver. Video of the accident as it happens can also help support your claim.
Sometimes, having the video footage is enough to convince the at-fault driver’s insurance company to settle your accident claim before it becomes a personal injury lawsuit in civil court.
Benefits of Having Dash Cam Footage After a Car Accident
You already have a general idea of some of the benefits of having dashcam footage. You have real-time evidence supporting your accident claim and this is something even insurance adjusters have difficulty counteracting.
Some of the additional benefits you may get by installing a dash cam can include:
- Support your recollection of the events leading up to the accident
- Backup or refute witness statements
- Provide additional information not always included in a police report
- Assist with accident reconstruction
Did you know you don’t need to rely solely on dashcam footage? You can also use recordings from nearby surveillance and red light cameras. The primary difference with dashcam footage is there’s no need to wait for someone to send the video; you also aren’t going to need a subpoena to review the footage since it’s your dashcam.
Does Law Enforcement Have the Right to Confiscate Your Accident Footage
When it comes to whether or not law enforcement has the right to take your dashcam footage of your accident, the answer is a little tricky. Most of the time, law enforcement can’t force you to release the video to their custody. The only exception may apply if law enforcement believes you’re guilty of a crime.
Since your video is only of the car accident, this shouldn’t be an issue. As for showing the video to the police, this is typically your decision. Your video may make it easier for the responding officers to accurately file out your accident report. If you’re hesitant to turn over your dashcam footage, contact an attorney for legal advice.
Let an Attorney Explain How Dash Cam Videos Can Help with Your Accident Case
While your dash cam video can serve as powerful supporting evidence in an accident case, it’s generally not advisable to handle the matter on your own. An experienced personal injury attorney can help ensure that your evidence portfolio is comprehensive, extending beyond just dash cam footage.
Consulting with an attorney can provide you with deeper insights into how to effectively use your dashcam video and other evidence to strengthen your case. Reach out to a lawyer today to better understand the full scope of your legal options.
