Dashcam Footage in Florida Car Accident Cases
Dashcams are no longer just tools for car enthusiasts or tech-savvy drivers. Across Florida, they are becoming essential devices for anyone who wants to protect themselves in the event of a traffic incident. When a crash occurs, dashcam footage can provide clear, unbiased evidence that helps determine what really happened.
But while the technology is simple to use, the legal implications—especially in Florida—can be complex. This in-depth guide explains everything you need to know about using dashcam footage in Florida car accidents. We’ll cover the legality of dashcams, how courts treat dashcam evidence, what insurance companies accept, and how attorneys use this footage to support claims and secure better outcomes for injured parties.
Why Dashcams Are on the Rise in Florida
They Offer Protection Against False Claims
Dashcams provide visual documentation of events as they happen, which helps protect drivers from false accusations. In minor accidents where police involvement is minimal, dashcam footage can become the only reliable source of evidence.
Insurance Companies Consider Video Evidence
Insurance companies are becoming more receptive to reviewing dashcam footage during claims. While not required, many adjusters will accept video that clearly shows how an accident occurred.
Affordable and Easy to Use
Today’s dashcams are inexpensive, easy to install, and packed with features like GPS, night vision, and wide-angle lenses. This accessibility has contributed to the rise of dashcams in Florida vehicles.
Are Dashcams Legal in Florida?
Florida’s Two-Party Consent Law
Florida is a two-party consent state for audio recordings. This means you cannot legally record private conversations unless all parties involved agree. If your dashcam records audio inside your car and you haven’t informed your passengers, you could be breaking the law.
Video Recording Is Generally Allowed
Dashcam video without audio, taken in public spaces such as roads and highways, is typically legal in Florida. Drivers are allowed to record visual footage of their surroundings from inside their vehicles.
Proper Placement Is Key
While dashcams are legal, they must not obstruct your view. According to Florida Statute §316.2004, anything affixed to the windshield cannot interfere with a driver’s line of sight. Mounting the dashcam behind the rearview mirror is usually considered safe and compliant.
Can Dashcam Footage Be Used in a Florida Court?
Courts Consider Relevance and Legality
Yes, dashcam footage can be used in Florida courts, but it must meet certain standards. It must be relevant to the case, unaltered, and legally obtained. Judges will not admit video that violates privacy laws or shows signs of tampering.
Authenticity Matters
The video should include metadata such as timestamps and, ideally, GPS data. Courts may question the credibility of footage that lacks this information or appears edited.
Proper Storage Is Crucial
Most dashcams overwrite footage automatically after a few days. If you’re in an accident, save and back up the footage immediately to preserve it for court or insurance use.
Submitting Dashcam Footage for an Insurance Claim
Step 1: Save and Back Up the File
If you’re involved in an accident, download the dashcam footage right away. Use cloud storage or a physical backup to avoid losing the video if the memory card is overwritten.
Step 2: Notify Your Insurance Company
Let your insurance adjuster know that dashcam footage is available. They’ll provide instructions for submitting the video—usually via email, a claims portal, or physical media.
Step 3: Submit Unedited, Contextual Footage
Include at least 30 seconds before and after the crash. Avoid trimming or editing the video, as insurers may question its credibility. Provide full context to support your claim.
Dashcams and Florida’s No-Fault Insurance System
Understanding PIP Coverage
Florida’s no-fault insurance system requires all drivers to carry Personal Injury Protection (PIP), which covers medical expenses regardless of fault. Dashcam footage isn’t necessary for PIP coverage but becomes important when more serious claims arise.
When Dashcams Help You Step Outside No-Fault
If your injuries exceed the limits of your PIP coverage, you can file a claim against the at-fault driver. In these situations, dashcam footage becomes critical for proving negligence.
What Dashcams Can Show
Footage can reveal:
- Speeding or reckless driving
- Distracted driving (e.g., texting)
- Failure to yield
- Running red lights or stop signs
This evidence strengthens your case for full compensation beyond PIP limits.
How Florida Attorneys Use Dashcam Evidence
A Tool for Building Stronger Cases
Personal injury attorneys in Florida often use dashcam footage to verify client accounts, support arguments, and discredit opposing narratives. The footage often serves as a neutral observer, offering objective documentation.
Replacing Conflicting Testimonies
In cases where drivers provide contradictory versions of events, dashcam footage can act as a tiebreaker. Judges and juries trust visual evidence more than hearsay.
Frame-by-Frame Analysis
Some attorneys use video analysis to slow down footage and highlight key moments—like the exact time of impact, driver behavior, or delayed reactions. This level of detail can prove essential in court.
Traffic Cameras vs. Dashcams: Which Is More Useful?
Dashcams Offer More Control
Unlike traffic cameras, which are usually city-owned and hard to access, dashcams are personal and always recording. You don’t need special permission or a subpoena to use your own dashcam footage.
Limited Coverage from Traffic Cameras
Traffic cameras are only installed at select intersections or highways. If your accident occurs outside their view—or in a private parking lot—there’s likely no traffic cam footage available.
Dashcams Provide a Driver’s Perspective
Dashcams capture exactly what the driver sees. This first-person perspective makes it easier to illustrate reaction times, visibility, and real-time decisions that can impact liability.
Common Mistakes Drivers Make with Dashcams
Forgetting to Save the Video
Many dashcams automatically overwrite old files every few days. If you don’t save the footage quickly, it might be gone by the time you file your claim.
Improper Dashcam Placement
If your dashcam blocks your view or violates windshield visibility laws, you could be cited. Place it behind the rearview mirror to avoid this.
Submitting Edited or Cropped Clips
Insurers and courts prefer raw, unedited footage. Editing your video—even to cut out unrelated moments—can reduce its credibility or get it excluded altogether.
Frequently Asked Questions
Is dashcam footage admissible in Florida court cases?
Yes, dashcam footage can be admitted as evidence in Florida courts, but it must meet certain legal standards. The footage must be relevant to the case, must not be edited or manipulated, and must be obtained legally—especially if audio is involved. Courts will often review the authenticity of the video, so having timestamps, location data, and continuous, unaltered footage is essential. If the video includes audio recorded without consent, it may be excluded under Florida’s two-party consent law.
Can I use dashcam footage to support my insurance claim in Florida?
Absolutely. Dashcam footage can provide powerful visual evidence to support your version of events when filing an insurance claim. Many insurance companies in Florida accept dashcam video as supplemental proof, particularly if it clearly shows who was at fault, the severity of the impact, or any traffic violations. While not all insurers require video evidence, submitting it early in the claims process can expedite approval and strengthen your case.
Do I need to notify people that they are being recorded by my dashcam?
You do not need to inform people if your dashcam is recording video in public spaces, such as roads, intersections, and highways. However, if your dashcam records audio—especially conversations inside the vehicle—Florida law requires that all recorded parties provide consent. This is due to Florida’s two-party consent law for audio recordings, and violating it could result in legal penalties and render the audio inadmissible in court.
What should I do with dashcam footage after an accident?
Immediately after a car accident, you should secure the dashcam footage by downloading and backing it up. Most dashcams overwrite old footage automatically, so it’s important to save the relevant video quickly. Preserve the original, unedited video file, including the moments leading up to and after the crash. Submit the footage to your insurance provider, and if you’re working with an attorney, provide them a copy for legal review and strategy.
Is partial footage still useful if it doesn’t capture the entire crash?
Yes, even partial footage can be useful in many cases. For instance, video showing the other driver’s behavior moments before the crash—such as speeding, tailgating, or running a red light—can help establish liability. While full coverage from start to finish is ideal, courts and insurers still value video that contributes context and supports your claims. If the footage shows any significant details that support your position, it can still be an important asset.
Contact Lawlor, White & Murphey Today
If you’ve been in an accident and have dashcam footage, you’re in a stronger position than many. However, presenting that footage effectively requires legal experience and understanding of Florida’s laws.
Don’t let valuable evidence go to waste. Contact Lawlor, White & Murphey today to review your dashcam footage and discuss your legal options. Early action can make a major difference in your recovery and financial outcome.