Can Dash Cam Footage Be Used as Evidence for a Car Accident Claim? They must have reason to believe you were about to destroy or delete the footage from your dash cam. For example, in a minor rear-end accident where you and the other party exchange insurance information, the police cannot take your dash cam simply because a collision occurred. Police cannot take the dash cam without justification for their actions. An exigent circumstance is one in which a reasonable officer would believe immediate action is required to prevent the destruction of relevant evidence.įor instance, if the police officer thinks the car accident resulted from reckless driving and believes you are planning to delete the dash cam footage, they can take it. Police have the right to seize evidence, including dash cam footage, at the scene of an accident under exigent circumstances. Can Police Confiscate Your Dash Cam After a Car Accident? You should disable the dash cam and audio feature whenever a passenger refuses to consent to the recording. If your dash cam records audio, you must place a visible note inside your car informing your passengers that it may record conversations with them. Notice of Audio RecordingĬalifornia is a two-party consent state, meaning all parties must consent to the recorded conversation. You cannot record more than 30 seconds before or after the crash. However, under California’s dashcam law, 30 seconds of footage before and after the collision may be recorded by the driver. The dash cam can record if it detects unusual motion of your vehicle or if you turn it on manually. Five-inch square on the uppermost center of your windshield.Five-inch square on the lower-left corner of your windshield away from your car’s airbag deployment area.Seven-inch square on the lower-right corner of your windshield farthest from the driver’s seat.The placement of your dash can be in the following areas: You must place your dash cam somewhere in your vehicle that does not interfere with your view of the road. California Vehicle Code § 26708 limits where you can put your dash cam, how long it can record, and audio recordings within the vehicle. In 2011, California passed legislation legalizing dash cams, allowing drivers to install dash cams and record footage. If police reasonably suspect you will destroy the dash cam footage, they have the right to obtain it.You must obtain the consent of all passengers to record their conversations if your dash cam comes with an audio recording feature.Dash cams must only record 30 seconds before and 30 seconds after an event.Dash cams are legal in California for your car accident claim, but there are restrictions on where you can place a dash cam inside your car.Learn where to place a dash cam in your car within California regulations and how the footage might affect your car accident claim. An auto accident injury claim may hinge on the dash cam’s footage to show liability and whether the at-fault party’s insurance is responsible for paying damages.Ĭalifornia’s dash cam laws let you use dash cam footage in your car accident claim.
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