Dashcam Footage Concern After Accident
Hello everyone,
I’m seeking some advice after being involved in my first auto accident in Florida, and I believe I’ve made a few missteps along the way.
Back in December, I was in a relatively minor fender bender where my insurance determined I wasn’t at fault. Unfortunately, the police weren’t called at the time. Now, it seems the other party has hired a lawyer claiming “significant injury”, and I just received a preservation of evidence notice.
Previously, I mentioned to the other party’s insurance that I have dashcam footage from after the impact, but I never sent it because I didn’t think it was helpful. However, after speaking with my adjuster yesterday, I mistakenly offered to share the footage (post-recording of my deposition). I’ve attempted to send it, but fortunately, it has bounced back multiple times.
My hesitation to share the footage stems from a statement I made that could easily be taken out of context. How can I retract my offer to send this footage to my adjuster? I assume that once it’s shared, it will likely be distributed to the other party’s attorney during the discovery process. I think it’s better for the other party to present their own evidence.
A few additional details:
– The other driver did hit me while I was in my lane, but she had the right of way.
– I doubt the legitimacy of her “significant injury” claims, as she alleges neck and back pain but the impact was minimal.
– She was able to drive herself to work at a hospital, and I’m unsure if she sought medical attention there.
– Both vehicles sustained minor scuffs, with the damage primarily on my bumper and her rear.
– The dashcam footage mainly captures our interaction in the parking lot, not the actual accident.
– I had initially thought the footage could demonstrate a lack of injury, but given the adrenaline rush, that won’t stand up, so I don’t see the point in sharing it anymore.
– I have bodily injury coverage of 25k/50k.
– The other party was unwilling to call the police, and I suspect her evidence might not be any stronger than mine. My adjuster has indicated it may come down to “word against word.”
I’m feeling overwhelmed and anxious about the possibility of a lawsuit looming over me. It feels like the attorney is trying to pressure my insurance company, but I can’t help but worry about how long this will take to resolve. Is it likely that a lawsuit will occur?
Any guidance would be greatly appreciated. Thank you!
Hi there,
I’m sorry to hear about your situation—accidents can be really stressful, especially with the threat of a lawsuit looming. Here are some points you might consider as you navigate this:
Communicate with Your Adjuster: It’s understandable that you’ve had second thoughts about the dashcam footage. You should contact your insurance adjuster and clearly express your concerns about sending the footage. Be honest about your reasons for not wanting to provide it, particularly regarding the statement you’ve made. A good adjuster will understand this, especially since they want to protect your interests.
Discuss with a Lawyer: Since the other party has hired an attorney, it might be a good idea for you to consult with a lawyer, especially one who specializes in auto accidents or personal injury cases. They can help guide you through this process, advise you on the implications of the footage, and support you in negotiating with your insurance.
Preservation of Evidence: The preservation of evidence notice is standard practice when someone is claiming injuries. It doesn’t necessarily mean you will be sued, but it’s an indicator that the other party is preparing to pursue their claim seriously. Consulting with an attorney can help you better understand what this means.
Document Everything: Keep a detailed record of everything related to the accident—dates, interactions with the other party’s insurance, your adjuster’s feedback, and any statements you made. This documentation can be helpful if things escalate.
Potential for Lawsuit: While it’s impossible to predict how this will unfold, many personal injury claims settle without going to court. If both parties are willing to negotiate, you might avoid a lengthy legal battle. Your insurance will handle negotiations, but having legal representation can be beneficial.
Anxiety Management: It’s natural to feel anxious during such a process. Try to focus on what you can control (like communicating with your adjuster and seeking legal advice) and take it one step at a time.
Future Communication: In future communications, be cautious about what information you share, especially in recorded statements. It’s often best to consult with your attorney before discussing sensitive details.
While this situation is undoubtedly stressful, remember that having insurance is there to help you in these scenarios. Take a deep breath, get the right advice, and work through it step by step.
Best of luck!