Dashcam Footage After an Auto Accident: Seeking Advice
Hi everyone,
I recently experienced my first car accident and could use some guidance. I’m in Florida and it seems that I’ve made a few missteps along the way.
In December, I was involved in a relatively minor fender bender where my insurance determined I was not at fault. No police report was filed at the time. However, the other party has since retained an attorney for what they claim is a “significant injury,” and I received a notice yesterday regarding preservation of evidence.
At one point, I mentioned to their insurance that I had dashcam footage of the incident, but I never sent any since it didn’t seem particularly helpful. Yesterday, my adjuster contacted me, and I foolishly offered to upload the dashcam footage after my recorded statement. Fortunately, my attempts to send it have not gone through multiple times.
The main reason I’m hesitant to share it is that it includes a comment from me that could be taken out of context. How can I retract my offer to send it to my adjuster? I’m assuming that if I send it, the other party’s attorney will likely get access to it for their case. I’d prefer to let them do the legwork.
A few additional points:
– The other driver hit me while I was in my lane, although she technically had the right of way.
– I doubt her claims of significant injury; she’s talking about neck and back pain, but the collision wasn’t severe.
– She managed to drive herself to work, which is at a hospital, but I’m unsure if she sought medical attention there.
– The damage was minor, with only scuffs on both vehicles; my bumper and her rear end were affected.
– The dashcam footage mainly shows an interaction in a parking lot rather than the accident itself.
– I initially thought it might help demonstrate that no injuries occurred, but given the adrenaline people experience after an accident, I realize it likely wouldn’t be effective.
– I have bodily injury liability coverage of $25,000 per person and $50,000 per accident.
– The other party chose not to involve the police, so her evidence may be just as weak as mine. My adjuster believes this might come down to a case of conflicting testimonies.
I’m feeling a lot of anxiety with the threat of a potential lawsuit looming over me. I suspect the attorney is trying to press for a settlement, but I’m concerned about the timeline—will this drag on for years? Is a lawsuit really likely?
Thanks for any insights you can provide.
Hi there,
I’m sorry to hear about your situation; dealing with an accident and the subsequent legalities can be really stressful. Here are some thoughts on how to approach this:
Communicate with Your Adjuster: It’s important to have an open line with your adjuster. You can explain your concerns about the dashcam footage and your worries about it being misinterpreted. Say that upon further reflection, you believe it wouldn’t serve any useful purpose in this situation. Be honest about your discomfort regarding the content, especially the part where a statement could be misconstrued.
Legal Advice: Since the other party has hired an attorney and you’ve received a preservation of evidence notice, it may be wise to consult with a lawyer yourself. They can provide guidance specific to your situation, including how to address the footage and any potential liability issues. Many lawyers offer free consultations, so it’s worth reaching out to one.
Insurance Guidance: Your insurance adjuster is there to help you navigate this, but make sure you clearly express your concerns about the dashcam footage. They might have dealt with similar situations before and could advise you on the best course of action.
Document Everything: Keep track of all communications you’ve had regarding this accident, including dates, times, and what was discussed. If you do need to consult with a lawyer, having this documentation will be helpful.
Stay Calm: While it’s natural to feel anxious about the potential threat of a lawsuit, not every accident leads to one. If your insurance has determined you were not at fault, and based on the limited damages and your description of the incident, it may not escalate.
Prepare for Different Outcomes: In terms of timeframes, resolving these matters can take a while, especially if litigation is involved. Keeping in mind that you might have a long journey ahead can help you prepare mentally.
It’s understandable to feel overwhelmed, but taking things one step at a time and seeking the right advice will help you regain some control over the situation. Good luck, and take care!