Will a Dash Cam Help My Car Accident Case?

We are all used to carrying a camera in our pockets at all times.  How about using a dash cam? Almost every cell phone nowadays comes with a decent camera, as do laptops, iPods, and other devices.

The reality is that we live in a digital age of instant gratification, and dash cams are now common in many cars (or bought as an upgrade and installed by the owner). We wrote this article to answer all the questions you might have about using dash cam evidence for an accident you were involved in.

Are Dash Cams Legal in California?

Dashcams are typically legal for use in private vehicles in the state of California.

California state law, however, regulates the placement of a recording device.

The device should be placed only outside the range of where an airbag might deploy (meaning the dash cam shouldn’t be in the way of an airbag operating correctly).

A camera can be placed in the following locations:

• The lower right-hand corner of your car windshield. The camera can be placed in just a 7-inch square (in the lower right-hand corner).
• The lower left-hand corner of your car windshield is also an acceptable option. Here, the camera can be placed in a 5-inch square in the lower left-hand corner.
• Another option is the upper center portion of the vehicle’s windshield. Here, the camera can be placed in a 5-inch square in the upper-center portion.

Generally, most dash cams come equipped with audio recording, and this, of course, raises a privacy concern.

In this case, the driver needs to post a visible notice for their passengers, explaining that their conversations are being recorded. If the passengers don’t consent to being recorded, then the audio recording needs to be turned off.

Do Insurance Companies Consider Dash Cam Footage?

Although many car owners and motorcyclists have adopted the use of dash cams, the auto insurance industry has been slow to adopt the digital footage.

Most of the larger (and smaller) insurance companies do not mention dash cams in policy documents or even on their websites. Many companies view video footage as “almost still photos” and don’t necessarily give it added weight in their evaluation of video evidence.

Each insurance company is unique, and each injury case is distinct, so it’s essential to consider all this information on a case-by-case basis. Quite often, an insurance company will create a very legal and vague statement on dash cams so that they can argue they’re not useful if (and when) the footage is being used against them in court on an open accident claim.

Dealing With the Insurance Companies

At first, the insurance companies might appear to be your friends after a car accident. The insurance adjuster might start calling you and asking how you are doing, etc.

Be very careful when you speak to an insurance company because they don’t like paying out money for accident claims, and anything you tell them could be used against you. Insurance companies have a process for determining who was at fault in a car accident, and if you say the wrong things, you may regret it later on.

Many times, an insurance company will make a settlement offer very quickly in the hopes that the injured victim will just say yes and take the offer, but these offers that happen fast are normally small. Having insurance is a good thing, but after a car accident, you’ll see how difficult insurance companies can be to deal with.

Dash Cams as Evidence in Car Accident Cases

There are many times after a car accident when it’s difficult to prove fault and place blame. It can become a “he said versus she said” type of situation if there is no proof as to how the collision occurred and what factors were involved.

The local police department and insurance companies will try to reconstruct an accident based on skid marks, witness statements, weather conditions, and visible accident damage. Obviously, having a dash cam will provide the facts and offer video evidence of exactly what happened in the accident. Dash cam evidence is admissible in California courts and can be used in your accident case.

Many times, however, a dash cam won’t capture a complete picture of the accident due to various factors. The dash cam itself and the camera might not be the highest quality, but it can still capture important info like we listed below:

• Speeding
• Seat belt usage
• Road conditions
• Who was driving
• Potential witness statements

Red Light Accidents

Oftentimes, an accident occurs at a red light because one of the drivers ran a red light. If a driver ran a red light and was negligent, then the dash cam footage can become crucial to proving your case that the other driver was at fault. Just relying on witnesses is not nearly as strong as having a dash cam recording as evidence.

Stop Sign Accidents

A stop sign accident is very similar to a red light accident, in that typically somebody runs a stop sign (or does a California stop) and is at fault for the car accident. Having a dash cam recording can easily prove who ran the stop sign and caused the car crash.

Hit and Run Accidents

A hit-and-run accident can be difficult to deal with, but having a dash cam will at least provide evidence that an accident occurred and the other driver fled the scene. If you have a good dash cam, there is a chance you’ll be able to capture the other driver’s license plate or some distinguishing features about their vehicle.

The odds are that we will all be involved in a car accident about every 18 years, so investing in a dash cam will definitely help you out if you are injured in a car crash.

Benefits of Installing a Dash Cam

A dash cam is beneficial for many purposes, including catching a thief on camera breaking into your vehicle. However, for the purposes of this article, we will focus on the benefits of a dash cam in the event of a car accident.

There are several benefits to having dash cam footage, but the following are the two key points.

Insurance Fraud Prevention

Insurance fraud remains a significant issue in America. Shockingly, some drivers will plan and stage auto accidents with another driver who is unaware of the scam. In these cases, of course, a dash cam can really help the innocent driver they were not at fault for the crash.

Hard Evidence in a Car Accident

It is always amazing how differently two people can remember the same accident. And in accidents that involve three or more vehicles, imagine how different the stories are that drivers tell. Having witnesses is great for recalling details and telling the police what they say, but having video footage from a dash cam is really the equalizer that can help guarantee the truth is told and seen by everybody.

How to Choose a Dash Cam

There are numerous brands and versions of dash cams to choose from, making it confusing to select the right one. You can find a basic dash cam for around $50, but you can easily spend over $500 if you want the very best model with the latest features.

So all dash cams will record video, but not all dash cams record sound. The higher-priced models will typically offer night vision, GPS features, Wi-Fi, and even dual camera recording, which can be useful for capturing accident footage. Just make sure to buy a dash cam that records both video and sound, and preferably has night vision capabilities.

Below is a list of other features you might want to consider:

• Plenty of storage space
• Loop recording
• Heat tolerance
• Motion detection
• Lane departure warnings

Some of the top brands of dash cams are:

• Blackvue
• Garmin
• Nextbase
• Thinkware
• Motorola

The bottom line is this, having any dash cam installed in your car is a good idea, and you should buy the best model that you can afford.

Getting injured in a car accident is bad enough, but when the other driver, the police report, or the insurance company starts trying to blame you, then having a dash cam can literally “save you” when it comes to the legal process and making sure you get maximum compensation for your injuries.

Why Contact DK Law

We have over 5,000 positive reviews on Yelp, Facebook, and Google. Our legal team has years of experience handling car accidents and representing accident victims who have dashcam footage from their accidents.

Every accident is unique, and having dash cam footage can further complicate the legal process. Our expert negotiators know how to deal with the insurance companies.

We’re not just interested in a quick payday, and we won’t let the insurance company bully you or try to confuse you into signing paperwork with a low settlement amount.