As video footage becomes more readily available, it will play an ever-increasing role in car accident cases. Be it traffic or security camera footage or random passers-by recording on their iPhones, there is a possibility that your car accident was caught on video. Video footage can either support or undermine your case. For example, if another party is seeking damages from you, your insurer could use this evidence to deny or devalue their claim.
However, if you’re filing a claim against someone else, their insurer could try to use video footage against you. A car accident attorney from our firm can protect you from an insurance company’s attempt to use video surveillance against you after a car accident. Our lawyers can also use video surveillance to defend your rights and build a case against the insurance company.
What Type of Video Footage Cannot Be Used Legally as Evidence?
Insurance companies may use video evidence against you to demonstrate partial or complete liability after a car accident. However, not all surveillance is feasible. Below are a few reasons why video footage may be discredited:
- The video was obtained illegally or through unscrupulous methods, like paying off a pedestrian in exchange for their iPhone footage.
- The video is grainy or blurry.
- The video has been manipulated and thus, is not authentic.
- The video is not conclusive.
In addition, the insurance company has to disclose that it intends to use video surveillance as evidence. Failure to do that makes it inadmissible in court. Your car accident lawyer will understand the bounds of the law on feasible evidence and argue against any illegal footage on your behalf.
Other Types of Evidence Insurance Companies May Use in a Car Accident Case
Insurance companies have their adjusters collect and analyze all evidence that could allow them to deny or minimize claims. Video surveillance is just one of the many methods that an insurance company might use to pin the blame on you and pay you less compensation. Others include:
Photos are just as admissible as videos. Whether submitted to them willingly or via social media, insurance companies will collect any evidence that can prove liability.
The insurance company will most likely request a meeting to go over the accident. During this meeting, the adjuster may request that you give a recorded statement on your account of the collision. However, you should be cautious about this, as your words could get misinterpreted or taken out of context and used against you down the line.
To ensure that you don’t compromise your case, you may want to avoid giving any statements—whether written or recorded—to the insurer in the absence of your car accident lawyer. They will be able to help you avoid potential mishaps by preparing a statement for you.
You might be tempted to share photos or a description of your car accident on social media. However, insurance companies could use any social media post that is inconsistent with your claim to argue against you? To be safe, we advise that you refrain from making any social media updates about the accident until after the claim is resolved.
A Car Accident Lawyer Can Fight for Your Rights
Insurance companies can be aggressive at times, and dealing with them may seem like an uphill battle—especially if you are injured. However, you do not have to face the claims process alone. An auto accident lawyer from our firm can build your claim and fight for compensation to cover your damages. They will take the following steps to build your case:
- Collect police records, witness statements, video footage, and any other evidence from the accident
- Gather documentation to prove your injuries and resulting costs
- Calculate the cost of your damages
Then, your lawyer will speak to the insurance company and present your case. At this stage, the insurer might agree to your terms and offer an out-of-court settlement without you ever stepping inside a court. However, your attorney will negotiate on your behalf if you receive a lowball settlement offer, using video surveillance footage and other evidence to support your right to damages.
If it is not possible to reach an agreement out of court, they can represent you in court. To help your lawyer win your insurance claim, do not give any statements and ensure that you are transparent about everything regarding the accident. Any inconsistencies in your statements can undermine your credibility and consequently hurt your case.
Reach Out to George Sink, P.A. Injury Lawyers Today
No car accident case is similar to another. Our auto accident lawyers are familiar with all the challenges that come with car accident claims in South Carolina and Georgia, and we are ready to leverage our 40-plus years of experience in your favor.
Call us today for a free consultation and learn how we can advocate for you in and out of court.