Question: you have dashcam evidence of a crash where you are not at fault. The driver of the other vehicle wants the evidence thrown out because he didn't consent to video. Will his rights stand?
My car was totalled by someone who ran a stop sign at a three-way stop. I have dashcam evidence showing that I did not have the stop sign and was going straight. We were facing each other head-on as I entered the intersection. He did not stop. He also turned left immediately in front of me (no signal either) at speed and hit the front of my car so that I spun a little and ended up right alongside him. Thankfully my husband was cleaning the carseats otherwise I would be also replacing two carseats! Small blessings.
I'm totally fine, just some minor bumps and bruises from the airbags and seatbelt.
Obviously police were called but there were no witnesses. Tire marks and dashcam corroborate my story. He got out of his truck and instantly started yelling at me, didn't even check that I was ok. My doors stayed locked and I waited for the police to arrive which took all of five minutes. In that time he was angrily kicking debris into the ditch and swearing loudly. A few people stopped but I told them I was fine and 911 had been called. Some didn't listen and called 911 anyway.
I was able to leave my car through the passenger side door once emergency services were all there but he had already been talking with an officer. His story was that I was on his right and ran the stop sign (NOT facing him head on like I said and my dashcam shows). I told the officer that I have dashcam footage of the accident and that the other driver ran the stop sign.
The guy apparently clued in that I had a dashcam because he saw it when he was looking at our vehicles with the officers. He told the officers that he never consented to be recorded so the dashcam footage has to be thrown out because it's a violation of his rights. He then started yelling at me that he'll sue me for recording him.
This is now going on two days ago and I've heard nothing back other than "everything is being evaluated". I have multiple copies made of the dashcam footage just in case. The police also have a copy and a copy was sent to insurance.
How long does this stuff usually take and is there any way this would get thrown out because he refuses to consent to being recorded?
In the meantime I'm using my husband's car, which is fine, but I have had zero direction from the police or insurance.
Edit: I'm just worried that he'll be able to successfully sue me for recording him without his consent or somehow have the dashcam evidence removed from the case which would make it hard to show he was actually at fault. I really doubt it would happen but you never know.
HAPPY UPDATE!!! My insurance got back to me and I asked them about the dashcam evidence. The rep said that I'm not at fault and his insurance is paying out! Thank goodness.
Let's Glow!
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