Will a Dash Cam Really Help You After a Car Accident?
If a picture is worth a thousand words, videos of the incredibly stupid things you see on the road are priceless. But can DVRs really help you in a difficult situation? Here’s how to decide if you should buy it and what the skinny on dvrs is, according to insurance companies and US law.
A dashboard-mounted dash cam or dash cam is a device designed to record everything that happens while driving. Think of it as a GoPro for your vehicle. DVRs can range from $ 60 for low-cost models to $ 150 for top-of-the-line models. They consist of a digital camera with one or two lenses, which attaches via a suction cup to a window or dashboard, and is powered by a car through direct 12-volt wiring, batteries or a cigarette lighter. As soon as you start the car, the camera continuously records video directly to the SD card, so it sees what you see as a driver. Some record audio, some can record in night vision, and some even have built-in GPS so you know where something was recorded.
DVRs can capture those moments that usually boil down to your “version” of the story as a driver. Whatever the incident – the car cuts you off, someone jumps in front of your car – the dashcam captures this and saves for future use. They are very popular in Russia because vehicle insurance scams are very common, but they are also gaining popularity in the UK and USA.
DVRs can be quite controversial. Right now, you are either thinking about how useful they can be, or how unnecessary most people do not need them. It all started with a passionate debate I had with a friend of mine. He swears at them, saying that he won’t drive without her. I, on the other hand, never felt the need for them and considered them a little redundant. I decided to find out which of us was right.
DVRs won’t give you a discount on insurance
Several car insurance companies in the UK have begun offering discounts of 10 to 15 percent to customers with dashboard cameras installed in their vehicles. Unfortunately, auto insurance companies in the US have been slow to embrace this technology. You can’t get dash discounts here in the states, and you might not be able to get it for a while, if at all. Holly Anderson, spokeswoman for State Farm Insurance, explains to cars.com:
When we provide a discount, it is based on what we believe will lower our cost of damages, such as a customer’s driving history that indicates that he or she is a safe driver. While a dash cam can provide information about why an accident occurred, this device is not primarily designed to prevent an accident.
Anderson’s remarks are in line with what the rest of America’s leading auto insurance companies said about dashboards when we spoke to them. They don’t prevent accidents, and there is currently no evidence that dvrs make people better drivers, so why should there be a discount? However, as more people use them, additional data may affect the situation in favor of DVR owners in the future. DVR videos can also potentially shorten the time it takes to resolve disputes and nudge insurance companies to ultimately offer these nice, sweet discounts.
DVR videos can help with insurance claims or in court
DVRs aren’t entirely useless when it comes to insurance, however. Some insurance companies may take dashboard recordings in an attempt to prove that you are not at fault for the accident. If your claim becomes controversial, it is always better to have more evidence than less.
However, the presence of a video recording of the accident does not guarantee that it will be used. Philadelphia attorney Scott Diamond says they don’t always give a clear picture of what happened in a car accident:
At a crossroads, it’s not easy to decide who is to blame. I would say this is very helpful, but it is not conclusive evidence.
Basically, it’s better than nothing, assuming your auto insurance provider will consider it. We contacted the support team of the top five US insurance companies to see if they were willing to accept and review the DVR recordings. After several calls to various departments at Progressive, Geico, Esurance, Nationwide and State Farm, we got an idea of how DVR footage is usually viewed:
- None of the providers had an “official” policy regarding DVR footage and whether or not they would view it. In fact, most sales and customer satisfaction reps weren’t even sure about it, and the general sentiment was, “I don’t know, but that’s a good question …” Indeed.
- Most providers would allow you to send them dashboard recordings, but they will probably count as the same as post-crash photos. Photographing or filming is encouraged (as well as filing police reports and obtaining eyewitness accounts), but video probably won’t have more weight to do so unless it makes someone’s guilt extremely obvious.
- Viewing and using video recordings from a DVR will largely depend on the specific specialist in setting up your requirement. If they think it helps, they can use it, but most of them don’t expect it and can usually diagnose the problem without it.
Although many DVRs try to provide the widest possible view, it still only points in one direction. Because of this, as well as the potential graininess of some of the cheaper models, dvrs can show that something is happening, but cannot help explain why it happened. The “why” is the most important part in determining whether you are to blame or not. However, most DVRs can at least show the severity of the impact. Shane Fisher, a Florida-based criminal and personal injury attorney, explains how dash cam footage can be useful in court if you’re claiming compensation:
In almost every claim I have for minor property damage, the other party claims that my client cannot be injured unless the vehicle has been completely or almost completely destroyed. Having a dashcam showing the impact would convince a jury that you can’t just look at the amount of damage done to cars to determine the severity of the injury, especially as cars become safer. As a result, the force of the impact is transferred to the person, and not to the machine.
Additionally, if you were run over and escaped, Tracy Noble, a spokesman for AAA, suggests that footage can at least prove that the accident happened:
In terms of insurance, they could be used to clarify incidents and handle claims as an objective observer in an accident, rather than explaining “he said, she said.” The camera can be a reliable source of information.
Note that she says it “may be” a reliable source, but not. However, there are many cases where having even a small amount of evidence is the difference between getting something and nothing at all. Some models of DVRs can turn on when motion is detected, which allows you to catch jerks that crash into your car in the parking lot, and not leave a note. They can also help prevent insurance fraud because you canprove that the “injured” pedestrian jumped into your car . In general, when it comes to insurance, stick to the basics when you have an accident . Focus on filing a police report and finding eyewitness accounts because they still carry more weight than photos or videos.
Laws to Remember
Because DVRs record video (and possibly audio), they can potentially be considered electronic surveillance devices. We spoke with Derek E. Bambauer, a professor of law at the University of Arizona’s James Rogers College of Law, to find out what you can and cannot record with a DVR . Bambauer explains that there are currently no federal laws in the US against dash cam recording, but your local state’s laws may differ, so it’s always a good idea to check.
For the most part, using a dash cam to record video on public streets and parking lots where you almost always drive does not violate any privacy laws. However, this is for videos only. If your dash cam also records audio in your car (or has a second lens that records the inside of your car), you need to inform the people you are driving with about the recording, otherwise it can be considered wiretapping. Bambauer lays out the types of wiretapping laws you’ll find in different states:
Some states have “national” laws that require everyone in a conversation or other setting to agree to a recording. So, if you are in one of these states and are recording with a dash cam while your friend is in the passenger seat, you need her permission to record. If you don’t get it, you could face civil action (if your friend is angry enough to file one) or criminal prosecution. In “one-party” states, any member can consent to the recording, so as long as you consent (which you probably do since you are using a dash cam) you are not responsible. And if your dash cam works while you are not in the car, you may run into problems even in states with one side, as it can record interactions in which you are not involved.
If this bothers you, you can either inform everyone who drives your car (nothing else is needed), or buy a model that does not record audio, or turn off the audio recording function.
By the way, you should also make sure that the dash cam does not interfere with your seeing as a driver. Some jurisdictions have special laws about how much space a dash cam or GPS device can take in the field of view of the windshield. It’s best to check your own local laws, but automotive tech expert Jeremy Laukkonen of About Cars suggests the following general rule of thumb:
… if your dash cam covers more than 5 “squares on the driver’s side or 7” squares on the passenger side, it could be a disaster.
If you make sure to only record in public places, let passengers know that you are recording audio and do not obstruct the view, you are ready to use the dash cam without any problems.
In fact, you don’t need it yet .
While the benefits of owning a dash cam are not entirely specific, there are no real drawbacks to having one as long as you follow local laws. But do you need it? Not really. However, if you want, there are enough advantages to justify the cost of the model at a reasonable price. If you’re not sure where to start, Jalopnik has a great guide to the best budget dashboard cameras , in which they rate this Dostech model as the best value. Wirecutter also recommends the $ 50 G1W-C HD car DVR . It records 1080p video and audio, has a 2.7-inch video screen, accepts up to 64GB SD cards, and attaches to your window via a suction cup. Some recommend installing both front and rear cameras , but again, there is no guarantee that you will need one. For now, buying a dash cam is like buying an extended protection plan for your TV at Best Buy: it might just be your saving grace under the right circumstances, but there isn’t a huge benefit in the beginning.