You should be able to secure this footage, but you’d need the help of the investigating officer or a car accident lawyer. The driver isn’t required to hand over the footage for you. But it could be legally requested by your attorney. It might also be requested by local police or the California Highway Patrol.

To talk over these steps and find out what your claim is worth, contact a California car accident lawyer for a free case consultation.

Steps to Take to Get Dashcam Footage from Another Driver

Most dashcam footage is permitted as evidence in a trial, and it can help in settlement negotiations with car insurance companies. That video is a hard-to-argue-against, especially for an insurer trying to unfairly blame you for what happened.

However, getting it on your own may not be possible. The other driver is under no legal obligation to provide you with access to the dashcam, and you shouldn’t pester the driver for it.

Fortunately, a skilled attorney would be quick to file a lawsuit and file a legal request to stop that video from being erased. But action needs to be taken quickly. Dashcam video may only be kept for days or weeks before it’s automatically overwritten.

These are just a few of the ways you and your lawyer can help secure that video and build your case:

• Tell officers about the dashcam. When the investigating officer talks to you about what happened, let them know that you saw a dashcam in the other driver’s car, even if it’s disappeared since. The police officer or California Highway Patrol officer may want to seize that video as part of an investigation. They can also note its existence in a collision report.
• Allow our personal injury lawyer to go after the footage. Your lawyer would send a preservation letter to the driver, the driver’s attorney, and the driver’s insurance company, asking that the footage be saved. If the other driver wants to ignore the request, your lawyer could also file a lawsuit and get a subpoena for the video documentation. If the other driver purposely got rid of the video, they could face legal consequences.
• Gather other evidence. Don’t rely on getting the dashcam footage to prove what happened. If you feel okay and the scene has been secured, take photos of the damage to vehicles and the surrounding area. Take a picture of the dashcam in the other driver’s car window if it can be seen. Use your cellphone to get a picture of any visible injuries you suffered. Also, make sure to get contact information from any witnesses. Get any injuries documented by your own physician, even if you’ve already been checked out by emergency room doctors.

Remember, some cars may have cameras rolling at all times from places you can’t see. Many new cars, and Tesla vehicles, will record and save accident video that can be requested by legal means.

Other Forms of Video that May Help Your Car Accident Case

Other sources of video might also help your case:

• Your own dashcam footage. But remember, this footage might also be used against you.
• Dashcam footage from drivers who witnessed the collision. The witness might turn over this footage willingly, or your lawyer could officially request it.
• Surveillance Video. Nearby businesses may have security cameras rolling. In residential areas, homes may have front door cams that capture an impact. While you are on the scene, note the presence of any cameras you notice and alert your attorney.

The key to getting footage of any kind will be quick action before the evidence is either purposely deleted or is erased automatically. It’s why you should speak to a skilled attorney as soon after an accident as possible. Give your lawyer the best chance to secure fresh evidence and snag powerful video evidence before it’s out of reach.

Do I Need a Car Accident Lawyer?

If you suffer a serious injury in a car accident, like a broken bone or a head injury, having a car accident lawyer may make a huge difference in the outcome of your case. Your lawyer may also be the only one who can secure all the evidence you need to protect and prove your case.

If you aren’t sure if you need the protection of a lawyer, there’s a no-risk way to find out. If your collision occurred in California, Maison Law offers a free, no-obligation case consultation with a real lawyer.

Our California car accident lawyers can sit down with you and listen to the details of what happened. They can go over your best options for getting the most for your recovery with the shortest wait. We want you to get back to your normal life without financial worries as soon as possible.

If you end up needing our help, you never have to pay anything up front. Our lawyers work under a contingency agreement. It means we don’t get paid unless we win your case for you. Then our fee comes out of the car insurance settlement you are awarded.