By Jonathan M. Ashton, Partner
Gallon, Takacs & Boissoneault Co., L.P.A.
We have all had it happen. A driver cuts us off, swerves into our lane, runs a red light, follows too closely, or becomes aggressive in a moment of road rage. In those situations, everything happens quickly, and afterward, the drivers involved may have very different versions of what took place.
That is where dash cam footage after a car accident can become valuable. A recording may help show what happened, who may have caused the crash, and whether another driver’s account matches the facts.
Dash cam footage may capture a driver running a red light, making an unsafe lane change, following too closely, driving aggressively, or leaving the scene. It may also document traffic, weather, construction, road conditions, and other details that drivers or witnesses may not remember clearly later.
However, dash cam footage does not automatically guarantee a successful insurance claim. The video must be preserved, reviewed in context, and considered alongside police reports, witness statements, vehicle damage, medical records, and other evidence.
“Dash cam footage can be incredibly valuable, but people should remember that video evidence cuts both ways. The most important thing is preserving the footage quickly and understanding how it fits into the bigger picture of the case.” – Jonathan M. Ashton, Partner, Gallon, Takacs & Boissoneault
How Can Dash Cam Footage Help After a Car Accident?
Dash cam footage can help after a car accident because it creates a visual record of the crash. It may show what happened before, during, and immediately after the collision.
This can be especially helpful when the drivers disagree about who had the right of way. Without video or an independent witness, an insurance company may have to compare two different stories. A recording may show which account matches the physical evidence.
Depending on the camera’s position, the footage may capture a traffic signal, stop sign, unsafe lane change, sudden stop, speeding vehicle, pedestrian, bicyclist, motorcycle, or hit-and-run driver.
The camera may also record what happened after the crash. A driver may apologize, admit not seeing another vehicle, try to leave, or provide information that later proves inaccurate.
Dash cam footage can preserve important details that drivers, witnesses, or insurance companies may later dispute.
Can Dash Cam Footage Prove Who Was at Fault?
Dash cam footage can help prove fault, but it may not show the entire story.
A camera records only what appears within its field of view. A forward-facing camera may show another vehicle entering an intersection. However, it may not show the traffic signal facing that driver. The recording may capture the impact but miss what happened seconds earlier.
Darkness, glare, rain, snow, distance, camera placement, and image quality can also limit what the video shows. The timestamp may also be wrong if the driver did not set the camera correctly.
For that reason, the footage should be reviewed with the police report, witness statements, photographs, vehicle damage, traffic signal information, and electronic vehicle data. Statements from the people involved may also provide important context.
A recording is often most persuasive when it supports the rest of the accident investigation.
Dash cam footage may help establish fault. However, one camera angle should not decide liability by itself.
Why Must Dash Cam Footage Be Preserved Quickly?
Preserve dash cam footage as soon as possible because many cameras automatically record over older files.
A recording may disappear if the camera keeps running and no one protects the file. The timing depends on the device, memory size, recording settings, and loop length.
The same risk applies when someone else owns the footage. Another driver, a delivery vehicle, a rideshare driver, a nearby business, a homeowner, or a commercial truck may have recorded the crash.
Many security and commercial camera systems keep video for only a short time. Some systems automatically overwrite old footage unless someone saves it.
Once the video is gone, recovery may be difficult or impossible.
Preserving video evidence is one of the most time-sensitive steps after a car accident.
What Should You Do With Your Dash Cam Footage?
Protect the complete, original recording and avoid changing it.
Do not assume the video will stay saved inside the camera. Protect or remove the memory card. Then save the original file in a secure location and create a backup copy.
Keep the footage from before, during, and after the accident. The minutes leading up to the crash may show speed, traffic signals, road conditions, or vehicle movements. Those details may matter as much as the impact itself.
Do not trim, filter, enhance, or change the audio on your only copy. Editing the recording may raise questions about whether someone removed or altered part of the video.
Avoid posting the footage on social media. Once the video is online, other people may copy, share, edit, or comment on it. They may also view it without the full context of the accident.
To preserve the footage, protect the memory card and save the complete original file. Create a backup and note the dash cam model and where it was mounted.
What If Someone Else Recorded the Accident?
Act quickly if you think someone recorded the collision.
Check the area around the accident scene. Nearby stores, parking lots, homes, buses, delivery vehicles, traffic signals, and businesses may have cameras.
Tell the responding police officer that video may exist. However, do not assume the officer will collect every recording.
A personal injury attorney can help find possible video sources. The attorney can also send a preservation request. This asks the person, business, or agency to save the footage.
This step matters even more after a truck or commercial vehicle accident. Commercial vehicles may use forward-facing cameras, driver-facing cameras, GPS systems, and event recorders. The company may control that information and delete it under its normal retention policy.
The sooner you identify a video source, the better your chance of preserving the evidence.
How Does Dash Cam Footage Affect an Insurance Claim?
Dash cam footage can affect an insurance claim. It may help the insurance company decide how the crash happened and who caused it.
A clear recording can resolve disputes between drivers. It may show a red light, stop sign, lane change, following distance, speed, or right of way.
This can help when an insurance company tries to blame the injured person.
However, the adjuster will review the entire recording. The insurer may look for speeding, distraction, unsafe following distance, or a slow reaction. It may also look for any action that suggests the injured person shared fault.
The adjuster may also review statements recorded inside the vehicle or at the scene.
Dash cam footage can strengthen a claim. It can also reveal facts an insurer may use to dispute fault or reduce compensation.
Should You Give Dash Cam Footage to the Insurance Company?
Do not rush to send the footage to the insurance company.
In some cases, the recording may support your account. In others, the camera angle may miss important details. The video may also show something an adjuster could misunderstand.
Once you share the footage, the insurance company will add it to its investigation. The adjuster will review both the helpful and harmful parts.
The goal is not to hide or destroy evidence. The goal is to protect the original recording and understand what it shows first.
An attorney can compare the video with the police report, witness accounts, physical evidence, and applicable law. The attorney can then decide how to present the footage to the insurer.
Can Dash Cam Footage Hurt Your Claim?
Yes. Dash cam footage can hurt a car accident claim. It may contradict your account or show that your driving contributed to the crash.
The recording could show that you were speeding, following too closely, looking away from the road, reacting late, or using a phone.
Audio may also capture statements from the driver or passengers.
This does not automatically mean you have no claim. More than one person can share fault for an accident. The outcome depends on state law and each person’s share of responsibility.
It is better to find a problem early. Otherwise, the insurance company may raise it during negotiations or litigation.
How Does Dash Cam Evidence Affect an Ohio Car Accident Claim?
Ohio uses a fault-based system for car accident injury claims. The injured person generally must show that another driver failed to use reasonable care and caused the collision and resulting injuries.
Dash cam footage may help establish negligence by showing a driver running a red light, failing to yield, following too closely, making an unsafe lane change, or violating another traffic rule.
The footage can become especially important when an insurance company argues that both drivers were partly at fault.
For example, if an insurance company claims the injured driver was speeding or failed to react in time, dash cam footage may help support or challenge that argument.
In an Ohio car accident claim, dash cam footage may directly affect how fault is divided and whether compensation is reduced.
Are Dash Cams Legal in Ohio?
Ohio law permits certain cameras and electronic devices to be mounted on the windshield of a passenger vehicle as long as the device does not restrict the driver’s view of the road, signs, or traffic signals and does not conceal the vehicle identification number.
The practical rule is straightforward: a dash cam should be placed where it can record the road without blocking the driver’s vision.
A legal dash cam placement does not guarantee that every recording will automatically be accepted as evidence. The recording may still need to be shown to be complete, accurate, and connected to the accident.
What About Audio Recording in Ohio?
Audio recording can create separate questions from video recording.
That does not mean every dash cam audio recording is automatically free from legal concerns. The location, people involved, purpose of the recording, and whether someone had a reasonable expectation of privacy may matter.
Drivers should be especially cautious when an interior microphone records passengers or private conversations.
How Does Dash Cam Evidence Affect a Michigan Car Accident Claim?
Michigan’s no-fault system does not make evidence of fault unimportant.
Personal protection insurance benefits generally involve different questions than a claim against an at-fault driver. However, video may still matter in a third-party injury claim, hit-and-run case, uninsured or underinsured motorist claim, property damage dispute, or disagreement about how the accident happened.
Dash cam footage may help prove how the collision occurred and who caused it. Medical records, testimony, and other evidence are still needed to establish the seriousness and effect of the injuries.
Michigan no-fault claims may also involve separate notice and filing deadlines under Michigan Compiled Laws § 500.3145. That is another reason an injured person should not assume that having clear video eliminates the need to act promptly.
In Michigan, dash cam footage may help prove fault, but medical and insurance evidence remain necessary to establish the full claim.
Are Dash Cams Legal in Michigan?
Michigan law permits certain aftermarket visual devices to be mounted on the windshield or above the dashboard as long as the device does not interfere with the driver’s clear view of the road.
Michigan Compiled Laws § 257.708b addresses the placement of qualifying visual devices.
As in Ohio, drivers should place the camera where it can record effectively without blocking their view.
Improper placement may create a traffic safety concern and could also give an insurance company another issue to raise during its investigation.
What About Audio Recording in Michigan?
Audio recording can be more complicated in Michigan.
Because Michigan’s eavesdropping law and related court decisions can involve detailed questions about who is participating in the conversation and whether it is private, drivers should not assume that every interior dash cam audio recording is lawful simply because the camera belongs to them.
A driver who uses an interior microphone should be cautious about recording passengers or private conversations without their knowledge.
Can Dash Cam Footage Affect the Value of a Car Accident Claim?
Dash cam footage may strengthen the liability portion of a car accident claim, but it does not determine the value of the claim by itself.
Liability means legal responsibility for the collision. A clear recording may help show that another driver caused the accident, but the injured person must still prove the injuries and losses that resulted.
The value of a car accident claim may depend on the severity of the injuries, medical treatment, future medical needs, lost income, reduced earning ability, available insurance coverage, permanent limitations, and the effect the injuries have on everyday life.
Even the clearest accident footage does not prove the seriousness of a concussion, neck injury, back injury, broken bone, or other medical condition.
Dash cam footage may resolve a dispute about fault, but medical and financial evidence is still required to establish the value of an injury claim.
Can a Dash Cam Lower Your Insurance Costs?
Owning a dash cam does not automatically guarantee a discount on an auto insurance policy.
The financial value of a dash cam is more likely to appear after an accident. A recording may help prevent an incorrect fault determination, support a property damage claim, identify a hit-and-run driver, or resolve a disagreement about what happened.
Depending on the insurance policy and circumstances, a fault determination may affect deductibles, vehicle repairs, claims history, and future premiums.
A dash cam is primarily an evidence and documentation tool. It should not be viewed as a guarantee of lower insurance rates.
Attorney Insight: Dash Cam Footage Is One Part of the Case
A video can be one of the strongest pieces of evidence in an accident investigation. It is rarely the only evidence that matters.
An injury claim must connect the accident to the person’s medical condition and resulting losses. That may require medical records, photographs, wage information, expert opinions, witness testimony, and evidence showing how the injuries changed the person’s daily life.
“I tell clients that a dash cam is one piece of the puzzle—sometimes an important piece, sometimes the most important piece, but rarely the only piece. Our job is to evaluate all of the evidence together so we can give sound advice and advocate effectively for the person who was injured.” – Jonathan M. Ashton, Partner, Gallon, Takacs & Boissoneault
Common Mistakes That Can Hurt Your Case
One of the biggest mistakes is waiting too long to preserve the video. A dash cam, security system, or commercial camera may record over the footage before anyone requests it.
Another mistake is saving only the moment of impact. The footage before and after the collision may show traffic conditions, vehicle movement, driver behavior, or statements that are important to the claim.
Editing the recording or posting it online can also create problems. The original file should be protected, and the video should be reviewed in its complete context.
People may also assume that clear footage guarantees a settlement. Video may help prove fault, but the injured person must still establish medical causation, damages, and available insurance coverage.
Finally, dash cam footage does not replace medical care. A video can show how an accident occurred, but it cannot diagnose an injury or document the treatment needed afterward.
Do You Need a Lawyer If You Have Clear Dash Cam Footage?
Clear dash cam footage can make a car accident claim stronger, but it does not eliminate every legal or insurance issue.
A personal injury attorney may still need to evaluate whether the recording captures the entire accident, whether another person shares responsibility, what insurance coverage is available, whether the injuries were caused or aggravated by the crash, and what damages may be recovered.
Insurance companies may accept that their driver caused the accident while still disputing the injuries, medical treatment, lost income, or value of the claim.
An attorney can also help obtain footage that belongs to another driver, business, trucking company, or government agency before it is deleted.
Having a clear video does not guarantee that the insurance company will fairly evaluate the full injury claim.
Frequently Asked Questions
Can dash cam footage be used as evidence after a car accident?
Yes. Dash cam footage may be used to help establish fault, document traffic or road conditions, identify another vehicle, and support other evidence. Its value depends on what the camera captured and whether the recording can be shown to be complete and accurate.
Can dash cam footage prove the other driver caused the accident?
It may. A clear recording can show a traffic violation or unsafe driving behavior, but the footage should still be evaluated with the police report, witness statements, vehicle damage, and other evidence.
Should I send my dash cam footage to the insurance company?
Not before preserving the complete original and understanding everything it shows. An insurance company will review the footage for evidence that helps or hurts the claim.
What should I do if another driver recorded my accident?
Write down the driver and vehicle information and act quickly to preserve the recording. An attorney may be able to send a formal request before the footage is deleted or overwritten.
Can dash cam footage hurt my injury claim?
Yes. A recording may show speeding, distraction, unsafe following distance, delayed reaction, or statements that an insurer could use to argue that you were partly responsible.
Does dash cam footage matter in a Michigan no-fault claim?
Yes. Although Michigan provides no-fault benefits in many situations, video may still matter in a third-party injury claim, hit-and-run case, uninsured motorist claim, or dispute about how the accident happened.
Do I still need a lawyer when the video clearly shows what happened?
Possibly. Clear footage may resolve a fault dispute, but the claim may still involve medical causation, insurance coverage, damages, deadlines, and negotiations with the insurance company.
Talk with a Car Accident Lawyer About Dash Cam Evidence
Dash cam footage after a car accident can help establish fault, challenge an insurance company’s version of events, identify a hit-and-run driver, and preserve details that may otherwise be lost. Its value depends on what the video shows, whether the original recording is preserved, and how it fits with the rest of the evidence.
If you were injured in an Ohio or Michigan car accident, do not assume that clear video will automatically lead to a fair insurance settlement. The insurance company may still dispute liability, the cause of your injuries, the medical treatment you need, your lost income, or the overall value of your claim.
The personal injury lawyers at Gallon, Takacs & Boissoneault can review dash cam footage, identify other possible video sources, help preserve evidence, investigate the accident, communicate with the insurance companies, and explain how Ohio or Michigan law may affect your case.
For more than 70 years, our firm has represented injured individuals and families across Northwest Ohio, Southeast Michigan, and Northeast Indiana. Each client works with a dedicated attorney who understands the evidence, the insurance issues, and the specific facts of the case.
If dash cam footage or another recording may exist, acting quickly can improve the chances that it is preserved before it is deleted or overwritten.
Call 419-843-6663 for a free consultation with an Ohio or Michigan car accident lawyer.
Call us. We can help.
Jonathan Ashton, Partner and Personal Injury Attorney, began his law career at GT&B in 2007 as a law clerk. He was hired as an associate immediately after passing the Ohio Bar in 2008. Jonathan practices in Personal Injury, representing clients who have been injured and need justice and compensation for them to move forward in their lives.
