What Can I Do If the Other Driver Withholds Dash Cam Footage?

April 11, 2024
Leaser Law Firm

A dash cam can make accident claims investigations a lot easier and faster. However, if only the at-fault driver has video records of the accident, they may refuse to share them. What do you do then? Can you force a driver to give you access to their dash cam records?

The short answer is yes. A Florida motor vehicle accident attorney can help you tap into evidence the other driver holds, even if they don’t cooperate.

Is Dash Cam Footage Admissible Evidence?

Dash cams are legal in Florida, and a Florida car accident attorney can use dash cam records as evidence during an insurance company claim investigation or in a court case.

Many drivers install dash cams to protect themselves from liability, but this can also work the other way around: a dash cam may incriminate its owner. Unsurprisingly, some drivers will try to conceal or erase dash cam records after an accident if they believe this footage could work against them. 

Will Dash Cam Footage Help Your Case?

This depends on what the footage shows. A dash cam can clarify disputed points, like whether a driver was speeding or failed to yield the right of way. However, some accidents may happen outside the dash cam view, such as T-bone or rear-end collisions.

The other driver’s dash cam footage won’t necessarily work in your favor. For example, if you committed a traffic violation, this may also appear on the dashcam records. A Florida motor vehicle accident attorney can help you evaluate whether dash cam records will likely give you an advantage and, if so, whether you should insist on accessing them.

The Other Driver Refuses To Share Their Dash Cam Footage — Now What?

The other driver may plan to hide or delete their dash cam footage from the first minutes after the accident. If that’s the case, you have limited time to secure this important evidence. Here are steps you can take if the other motorist refuses to hand in their dash cam footage.

1. Send a Preservation Letter

A preservation letter formally requests the dash cam owner to save any video footage that may show the accident. You should send this letter as quickly as possible. A Florida motor vehicle accident law firm can help you word a preservation letter correctly.

You can also direct a preservation letter to the owners of other cameras that might have recorded your accident, such as uninvolved drivers or people who own property near the accident site.

2. Mention the Records to the Police

If you saw that the other driver had a dash cam installed, mention this detail in the police report you file after the accident. If the police ask the at-fault driver to surrender these records, they’ll generally have to do so.

3. File a Lawsuit

Secure legal representation if you were injured in a vehicle accident in Florida as quickly as possible. Once the lawsuit is in motion, your lawyer can request a subpoena for any existing dash cam records. If the court determines the footage is relevant to your case, the other driver must share it. 

Contact Leaser Law Firm: Motor Vehicle Accident Attorneys Serving Florida

Are you dealing with a situation where an at-fault driver withholds important evidence after an accident? Contact Leaser Law Firm to consult a motor vehicle accident lawyer in Florida today. If you act fast, our efficient legal team can help you preserve and secure dash cam records of your accident. Call 954-233-3515 for a free consultation with a Florida motor vehicle accident attorney.