Using DashCam Video in a Motor Vehicle Accident

Greenstein & Pittari, LLP | New York City Car Accident Lawyers

You are driving on the FDR Drive, the Cross Bronx Expressway, the BQE, Queens Boulevard, or a crowded Brooklyn side street when it happens: a screech of brakes, a blur of metal, and then impact.

Moments later:

• The other driver insists you were at fault
• Stories do not match
• Witnesses are confused or disappear
• The insurance company starts “having questions.”

If you have a dashcam, you may already hold something no one can easily argue with: objective video of what actually happened.

At Greenstein & Pittari, LLP, our New York City car accident lawyers regularly use dashcam footage to strengthen motor vehicle accident claims throughout Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Yonkers, and Nassau County. Used correctly, dashcam evidence can:

• Prove how the crash occurred
• Protect you from false or exaggerated claims
• Push back against blame shifting and lowball settlement offers
• Help you pursue the maximum compensation you are entitled to under New York law

Used carelessly, the duplicate footage can be twisted by insurers to question fault or minimize your injuries. Below, our NYC personal injury attorneys explain how dashcam video works in New York car accident cases, how it can help or hurt your claim, and what you should do with your footage after a crash.

What Is a DashCam and Why Does It Matter After a Crash in New York City

A dashcam (dashboard camera) is a small device mounted on your windshield, dashboard, or near your rear view mirror that records video and often audio while you drive.

Depending on the model, a dashcam may:

• Record the road ahead
• Capture rear-facing traffic
• Record the interior of the vehicle
• Log GPS and speed data
• Detect impacts and tag collision events
• Stamp recordings with date and time information

Most modern dashcams:

• Start recording automatically when the vehicle is turned on
• Record continuously in a looping mode and overwrite older footage when storage is full
• Store video on SD cards, internal memory, or in the cloud
• Include an “event recording” feature that saves video before and after a sudden impact

In New York City, where traffic is dense, crashes happen in seconds, and stories frequently conflict, neutral video can be one of the strongest pieces of evidence in a car accident case. Even if the collision itself is partially off camera, dashcam footage can:

• Confirm the time, location, and direction of travel
• Show traffic, weather, and road conditions
• Capture vehicle movements, braking, and near misses
• Help identify hit and run drivers and potential witnesses

For many injured New Yorkers, the dashcam becomes the key to proving what really happened.

Are DashCams Legal in New York?

In general, yes, dashcams are legal in New York as long as they are installed and used correctly.

Windshield Obstruction Rules

New York law requires that a driver’s view of the road remain clear and unobstructed. Your dashcam should:

• Be compact and low profile
• Be mounted high and near or behind the rear view mirror or on the dashboard
• Do not sit in the center of your direct line of sight
• Not interfere with airbags or other safety systems

An improperly placed dashcam can:

• Result in a traffic ticket
• Give the defense an argument that the device contributed to the crash or impaired your visibility

Audio Recording and Consent

Many dashcams capture audio as well as video.

• New York is a one-party consent state for in-person conversations
• This generally means that only one person in the conversation, often you, must consent to recording

However, recording audio inside your vehicle can still raise privacy and practical concerns. Best practices include:

• Informing passengers that you have a dashcam and it may record audio
• Considering disabling audio if you regularly transport clients, customers, or patients
• Keeping in mind that audio may capture statements that insurance companies will try to use against you

Using DashCam Footage as Evidence in NYC Accident Cases

Dashcam footage is generally admissible in New York car accident cases if it is:

• Relevant – it helps prove or disprove a disputed fact
• Authentic – it can be shown to be a genuine recording from your device
• Legally obtained – it does not violate obstruction or privacy laws

Once a lawsuit is filed, the other side can request dashcam footage during discovery, and a judge may order you to produce it even if the footage is not favorable to you. This is why it is critical to consult with an experienced New York City car accident attorney as early as possible.

How DashCam Footage Can Help Your New York City Accident Claim

When clear, relevant, and preserved correctly, dashcam footage can be highly persuasive to insurance adjusters, judges, and juries.

1. Proving Fault and Negligence

To win a NYC car accident case, your lawyer must prove that the other driver was negligent and that this negligence caused your injuries.

Dashcam footage can reveal that another driver:

• Ran a red light or stop sign
• Made an illegal or unsafe left turn across your path
• Was speeding or tailgating in heavy city traffic
• Failed to yield to pedestrians, cyclists, or oncoming traffic
• Drifted across lanes without signaling
• Cut across traffic and then slammed on the brakes

When the video shows the violation happening in real time, it becomes tough for the other driver or their insurance company to deny responsibility.

2. Supporting or Challenging Eyewitness Accounts

Crash scenes in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island often draw plenty of onlookers. However:

• Memory after trauma is often unreliable
• Witnesses may only see part of the event
• Each driver may insist that the other caused the crash

Dashcam footage can:

• Support witnesses whose accounts match what actually occurred
• Undermine biased, mistaken, or incomplete statements
• Resolve “he said, she said” disputes that insurers like to exploit

3. Documenting Road, Traffic, and Weather Conditions

Even when the exact point of impact is off camera, your dashcam can show:

• Rain, snow, ice, glare, fog, or low visibility
• Potholes, debris, construction zones, or lane closures
• Traffic signals, stop signs, lane markings, and crosswalks
• Traffic density and driver behavior in the moments before the crash

These details are critical for accident reconstruction experts to analyze how and why the collision occurred on a specific New York City roadway.

4. Hit and Run and Uninsured Motorist Claims

In NYC, hit-and-run crashes are unfortunately common. A dashcam can capture:

• A full or partial license plate
• Make, model, and color of the fleeing vehicle
• Distinctive damage, decals, or business markings
• Direction of travel and nearby landmarks

Even if the driver is never located, dashcam footage can support a claim under your uninsured or underinsured motorist coverage, which is especially important in accidents involving drivers with little or no insurance.

5. Speeding Up Insurance Claims

Clear dashcam footage can:

• Reduce the room for argument about how the crash occurred
• Encourage faster acceptance of liability by the insurance company
• Shorten the path to a fair settlement

When the video leaves little doubt, it becomes more difficult for an adjuster to delay, deny, or blame you for the collision.

How DashCam Footage Can Hurt Your Case

Dashcams do not take sides. They record everything, including moments that insurance companies will use against you if they can.

1. Comparative Negligence in New York

New York follows pure comparative negligence:

• You can still recover compensation even if you were partly at fault
• Your compensation is reduced by your percentage of fault

If dashcam footage shows you:

• Driving over the speed limit, even slightly
• Glancing down at your phone
• Following too closely in stop-and-go traffic
• Rolling through a stop sign or yellow light
• Changing lanes without signaling
• Not wearing a seatbelt

The insurance company will argue that you share responsibility for the crash and seek a higher percentage of fault to reduce the amount they must pay.

2. Minimizing the Severity of Your Injuries

Insurance companies also use dashcam video to question the seriousness of your injuries. They may point to clips that show you:

• Walking around at the scene
• Declining an ambulance
• Saying “I am fine” or “It is not that bad” after the crash

In reality, the adrenaline and shock from a collision often mask pain, and many serious injuries, such as concussions, neck injuries, and back injuries, do not fully appear until hours or days later. A skilled New York City personal injury lawyer will counter these arguments with medical records, diagnostic imaging, and testimony from your treating doctors.

3. Problematic Audio and Passenger Statements

If your dashcam records audio, it may capture comments such as:

• “You were going pretty fast.”
• “I told you to stop texting.”
• Jokes about speed or risky driving before the crash

Insurance companies and defense lawyers will try to use these offhand remarks to attack your credibility or increase your share of fault.

4. Both Sides Can Use the Footage

If dashcam evidence becomes part of your claim or lawsuit, both sides will have access to it. You cannot show only the favorable parts and hide the rest. That is why you should always consult with a New York City car accident attorney before sending dashcam footage to any insurance company or law enforcement agency.

Is DashCam Footage Admissible in New York Courts?

Dashcam footage is often admissible in New York courts, but it must meet four key requirements:

1. Relevance
   The footage must relate to an issue in the case, such as fault, road conditions, or the sequence of events.
2. Authenticity
   Someone, usually the vehicle owner or driver, must testify that the video is genuine and accurately reflects what it appears to show.
3. Clarity
   The footage should be reasonably clear and easy to understand. Very dark, blurry, or obstructed video may still be allowed, but it may have less persuasive power.
4. Legality
   The footage must be recorded and preserved in accordance with the law. Obstruction, privacy, or tampering violations can undermine its admissibility.

New York judges and juries often rely on dashcam footage when witness testimony conflicts or when there are no independent eyewitnesses.

Authenticity, Editing, and Spoliation: Preserve Your Video Correctly

For dashcam footage to help your case, your attorney must be able to show that it is:

• Authentic – it came from your dashcam
• Accurate – it fairly reflects the events it purports to show
• Untampered – there have been no cuts, edits, or alterations

If you:

• Edit or trim the clip
• Delete the file
• Allow the footage to be overwritten by loop recording

You risk:

• Losing robust evidence that could have supported your claim
• Facing accusations of spoliation of evidence, which can lead to court sanctions and severe damage to your credibility

Bottom line: once you know your dashcam footage may relate to a crash or injury claim, preserve it exactly as it is and speak with a New York City car accident lawyer as soon as possible.

What To Do If You Have DashCam Footage After a New York City Crash

If you are involved in a collision anywhere in New York City and your dashcam may have recorded it, follow these steps.

1. Get Medical Care First

Your health always comes first.

• Call 911 if you are injured or unsure
• Accept medical evaluation from first responders
• Visit an emergency room, urgent care, or your doctor
• Follow through with recommended treatment

Prompt medical care protects both your health and your legal claim.

2. Secure the DashCam and Memory Card

If it is safe to do so:

• Turn the dashcam off
• Remove the dashcam unit or SD card from the vehicle
• Disable or pause loop recording if possible so the file is not overwritten

If your vehicle is towed from the scene, tell the tow yard or storage facility that there is essential dashcam evidence in the car.

3. Save and Back Up the Footage

As soon as possible:

• Copy the full, raw video, including the moments before and after the crash, to a computer or external hard drive
• Create at least one secure backup, such as encrypted cloud storage
• Keep the original file intact and unchanged

Do not crop, trim, enhance, or otherwise edit the footage in any way.

4. Do Not Post the Video Online

Do not upload your dashcam footage to:

• Facebook, Instagram, TikTok, YouTube, or other social platforms
• Group chats or text threads where it may be forwarded or altered

Insurance companies and defense law firms routinely search social media for content they can use against injury claimants. Once your video is public, you lose control over how it is clipped, commented on, or interpreted.

5. Tell Police You Have Footage, Then Call a Lawyer

If New York City police respond to the scene, you may:

• Let them know that you have a dashcam video of the incident
• Ask whether they would like a copy for their report

However, before giving copies to law enforcement or any insurance company, you should consult with a New York City car accident attorney. At Greenstein & Pittari, LLP, we:

• Review your footage frame by frame
• Identify what it proves, what it suggests, and what insurers may try to argue based on the video
• Decide whether, when, and how to share it with insurers or opposing counsel
• Integrate it into a broader litigation and negotiation strategy that includes medical evidence and expert analysis

DashCams in Other Vehicles

Sometimes, other vehicles involved in the crash may also have dashcams, including:

• Uber, Lyft, and other rideshare vehicles
• Taxis and livery vehicles
• Commercial trucks and delivery vans
• Buses and fleet vehicles

Our firm can:

• Send preservation letters telling these parties not to delete or overwrite relevant footage
• Request footage as part of pre-lawsuit negotiations
• Use formal discovery tools to obtain video after a lawsuit is filed
• Ask the court to order production if a party refuses to turn over dashcam footage voluntarily

Acting quickly increases the likelihood that the critical third-party video still exists.

Best Practices for DashCam Use in New York City

If you drive regularly in New York City, consider these dashcam best practices:

• Mount the dashcam high and out of your direct line of sight
• Use front and rear-facing cameras when possible
• Choose a memory card with enough capacity for your typical driving time
• Confirm your loop recording settings, so you know how long footage is retained
• Periodically check sample files to be sure the device is recording properly

You hope you never need your dashcam for an accident, but if a crash occurs in Manhattan, Brooklyn, Queens, the Bronx, Staten Island, or on Long Island, the footage can be invaluable.

Why Choose Greenstein & Pittari, LLP for DashCam Accident Cases in NYC

When dashcam evidence is involved, you do not just need any lawyer. You need a legal team that understands:

• New York City traffic laws and insurance rules
• How to authenticate, preserve, and present digital video evidence
• How insurance companies and defense lawyers attack dashcam footage

At Greenstein & Pittari, LLP:

• We represent injured New Yorkers in all five boroughs and nearby counties
• We know how NYC judges, juries, and insurers evaluate dashcam recordings
• We anticipate how insurance companies will spin your video, and we prepare to counter it
• We work with accident reconstruction experts, digital forensic experts, and medical specialists when needed
• We build comprehensive cases that combine dashcam footage, medical records, lost wage documentation, and evidence of future harm

You are never just a file number to us. You deserve to be heard, respected, and compensated fairly.

FAQ: Using DashCam Video in a Motor Vehicle Accident Case in New York City

1. Do I have to give my dashcam footage to the insurance company?

No. You are not required to hand over your video simply because an insurance adjuster asks for it. If a lawsuit is filed, the footage can be requested in discovery, and the court can order production, but you should always speak with a New York City car accident lawyer before sharing any footage.

2. Can dashcam footage be used to deny or reduce my claim?

Yes. Dashcams are neutral. If the video shows speeding, distraction, lack of seatbelt use, or other risky behavior, the insurance company will highlight those images to argue that you share fault. New York’s comparative negligence law allows your compensation to be reduced by your percentage of fault, even if the other driver was primarily responsible.

3. Is partial dashcam footage still valuable?

Yes. Even short or partial clips can be beneficial. They may show:

• Your speed, lane position, and braking
• Traffic lights, stop signs, and signal phases
• Road surface conditions, such as rain, snow, or ice
• The other driver’s behavior in the seconds before impact

Your attorney can combine partial footage with police reports, witness statements, photographs, and expert opinions to create a complete picture of what happened.

4. Can the police require me to hand over my dashcam video?

Generally, police cannot automatically seize your dashcam footage without a legal process, unless they reasonably believe it contains evidence of a crime or they obtain a warrant or court order. If you are unsure whether to provide a copy, contact our firm before turning over the video.

5. What if the footage shows I made a small mistake?

You may still have a strong claim. Under New York’s pure comparative negligence system, you can recover damages even if you are partially at fault. Your share of fault may reduce your total recovery, but that does not necessarily prevent you from obtaining significant compensation. We will help you decide how the pros and cons of your footage affect your strategy.

6. Would you be able to obtain dashcam footage from the other driver?

Often, yes. Our attorneys can:

• Send preservation letters directing the other party not to destroy the video
• Request footage during pre-suit negotiations
• Use formal discovery tools, such as document requests and subpoenas, after filing a lawsuit
• Ask the court to compel production if the other driver refuses to provide dashcam video voluntarily

Acting quickly is crucial because many dashcams overwrite old recordings.

7. Is it legal to record audio inside my car in New York?

In most situations, yes. New York is a one-party consent state, which usually means that your consent alone makes an in-car audio recording lawful. However, audio can capture statements like “You were speeding” or “I told you not to text,” which insurers and defense lawyers may use against you. Your attorney will decide whether audio should be part of your case.

8. Can dashcam footage replace eyewitness testimony?

Often, yes. Courts give significant weight to clear, time-stamped video evidence, especially when eyewitness accounts conflict or when there are no independent witnesses. Even so, we continue to seek witnesses and other evidence to support your version of events.

9. I do not have a dashcam. Do you think I can still win my New York City car accident case?

Yes. Many successful NYC car accident claims are resolved without dashcam footage. Our lawyers build cases using:

• Police accident reports and MV 104 forms
• Medical records and bills
• Photographs and cellphone video from the scene
• Surveillance footage from nearby buildings or businesses
• Witness statements and expert testimony

Dashcam footage is helpful, but it is not required to recover compensation.

10. Can posting my dashcam video on social media hurt my claim?

Yes. Posting your video online can seriously hurt your case. Once the footage is public, it can be downloaded, clipped, edited, and taken out of context. Insurance companies and defense lawyers monitor social media. Comments, captions, and reactions can undermine your credibility. Always speak with your lawyer before sharing accident footage publicly.

11. How long should I keep dashcam footage after an accident?

You should preserve your dashcam file immediately and keep it for as long as your claim or lawsuit is pending, or until your attorney tells you it is safe to discard. New York personal injury cases can take months or years to resolve. Losing the original file can seriously harm your case.

12. When should I call a lawyer if I have dashcam footage of my accident?

You should contact a lawyer as soon as you can. Early legal help ensures:

• Your dashcam footage is preserved correctly
• You do not accidentally share a video in a way that undermines your claim
• Other critical evidence, such as witnesses, surveillance footage, and vehicle data, is identified and protected

The earlier we get involved, the more we can do to protect your rights.

Why Choose Greenstein & Pittari, LLP for Your NYC DashCam Accident Case

At Greenstein & Pittari, LLP, we proudly advocate for injured New Yorkers every day. When you choose our firm, you receive:

• A local Harlem office for convenience and trust
• Seven convenient locations across New York: Harlem, Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County
• No fee unless we win your case, backed by our Fee Guarantee
• Bilingual services for clients who are more comfortable in another language
• Hundreds of positive client reviews and testimonials
• Top-rated, award-winning lawyers recognized by respected organizations

We handle the insurance companies so you can focus on healing. Our firm’s motto is powerful and straightforward: “Don’t Be a Victim Twice.”

Suppose you are a victim of a car accident in New York City, including crashes involving uninsured or underinsured vehicles. In that case, we are ready to stand up for you and your family.

Do Not Be a Victim Twice

Call 1-800-VICTIM2 (1-800-842-8462) Today

At Greenstein & Pittari, LLP, we focus exclusively on personal injury law. We offer:

• Free consultations with an experienced New York City car accident lawyer
• Representation on a contingency fee basis
• A proven track record of results, responsiveness, and relentless advocacy

You pay no legal fee unless we are successful. That is our Fee Guarantee.

• The call is free
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If you were injured in a motor vehicle accident anywhere in New York City and you have dashcam footage or believe dashcam video may exist, we are ready to help.

Call 1-800-VICTIM2 (1-800-842-8462) now or contact us online to schedule your free consultation and take the first step toward the compensation and justice you deserve.