Dash Cam Evidence

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Originally Posted by Snagglefoot
I imagine more than a few folks received dash cams for Christmas. This probably varies by state, but if you record an accident, is there a way to gain from a monitary standpoint. I.e. you let the innocent party know you have evidence and you would be willing to sell it to their insurance company or their lawyer? Sounds callous but a guy has to make a living! What do you think?


The answer is, dash camera footage IS evidence, and it should absolutely, positively, 100% be turned over to the investigating officer/deputy/trooper during a crash investigation. Failure to do so could be an arrestable offense in many locations (tampering with evidence).

So, that's your answer. Turn the footage over to the officer AND all insurance parties.
 
There is a gain ethically to give the footage out. The mere fact of selling it only drives people to "fake"/manipulate said footage for gain and makes it useless to all authentic or not because people's motivation differ on handing out.
 
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I just had this happen a couple days ago.. guy in front of me crash into someone cutting between parking lots.

I let police know I might have dash cam footage and emailed it to them later.
 
Originally Posted by Astro14
You're asking "Can I extract money from someone instead of doing the ethical thing, or what the law requires of me?"

And I think it's despicable that you would withhold exonerating evidence for personal gain. Basically, you're blackmailing the person who was innocent.

Personally, I would subpoena your information/evidence - you would be required by law to provide it.

If you held out for cash, you would be in contempt...

Good luck.

This ^^^^^^

Scott
 
Originally Posted by BrianF
If word came out that you had evidence on a matter, a search warrant could be executed on your property and it would be taken. Don't go down the road of extorting money out of people. Not even getting into the morality of it, you could get dinged hard. Take a read of the Criminal Code, yes its long winded and in legalese but you might learn something.

Originally Posted by BrianF
If word came out that you had evidence on a matter, a search warrant could be executed on your property and it would be taken. Don't go down the road of extorting money out of people. Not even getting into the morality of it, you could get dinged hard. Take a read of the Criminal Code, yes its long winded and in legalese but you might learn something.



I see the thread is still going and like I said I would turn in the video, however, like a high school debating team, let me say a few things, and not to get personal with anyone. I quite like Brian's postings.

Here's a possible viewpoint. Extortion is obtaining money by threats. If a person had the video, went to the party at fault and said " give me a thousand bucks or I will release this video to the police" That would clearly be extortion.

If a person went to the victim and said I can help you but need payment. That is not extortion. The lawyer is asking for payment. Service for a fee. Not extortion.

If you have a photographer shoot your daughters wedding, he asks for a fee. The problem is where the fee was not asked for ahead of time, but even if it was, photographers often ask for extra money to cover events like " Oh, I didn't know your daughter wanted shots of her walking into the ocean with her wedding gown on." That will be an extra $500. Maddening, but not extortion.

Walmart pays a surveillance company to film bad guys. That's not extortion.

So, if it hasn't already, this might get to the Supreme Court. The owner of the dash cam clearly owns the video. I imagine it could be fought with enough lawyers that you cannot make him give it up. Time will tell. Remember, play nice. For now, it's clear law enforcement can take the video, but this may change. Just an alternative viewpoint.

But you know what the real crime is. People just drive on then show the video to their friends without turning it in.
smile.gif
 
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Originally Posted by Snagglefoot

If a person went to the victim and said I can help you but need payment. That is not extortion. The lawyer is asking for payment. Service for a fee.

If you have a photographer shoot your daughters wedding, he asks for a fee. The problem is where the fee was not asked for ahead of time, but even if it was photographers often asks for extra money to cover events like " Oh, I didn't know you're daughter wanted shots of her walking into the ocean with her wedding gown on." That will be an extra $500.

Walmart pays a surveillance company to film bad guys. That's not extortion.


What contract exists between the video holder and the victim that entitles the video holder to be compensated? You wouldn't stand around and watch someone drown until they promised to compensate you for trying to save them from drowning lest you turn your back and say "welp, nothings free, gotta make a living"
 
Originally Posted by PeterPolyol
Snagglefoot said:
What contract exists between the video holder and the victim that entitles the video holder to be compensated? You wouldn't stand around and watch someone drown until they promised to compensate you for trying to save them from drowning lest you turn your back and say "welp, nothings free, gotta make a living"


How about " the event already occurred. And whether or not a person offers the video would not be like letting someone drown."
Click to expand...
 
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Dashcams are common outside the USA from what I'm led to believe from all the Russian dashcam videos on youtube. You can kill a whole afternoon watching them.
 
There is a cost to the people that purchase dash cams so why should it be free. If I pay to place a dash cam in my car it is for my benefit not for others. If I see something there is no investment to capture video. Providing it for free is something everyone just expects though since it seems to be the right thing to do.
 
..and thus, the world we live in. Is it any surprise? You have something by mere incident that only has potential value to assist someone else in avoiding undue punitive costs and is otherwise completely worthless to you. Trying to monetize something like that seems so outrageous to me. Can't imagine breaking out the big mercantile guns for such a minor inconvenience in what would seem to be a situation where a common good will gesture is appropriate. Just yesterday we were talking about how much we love to give and be generous. Sheesh. Unless you're suffering serious penalty to furnish the evidence, like taking time off work, the "well bc it's mine" argument seems.. well, opportunistic to put it as nicely as possible. If I were the party requesting the video and the video holder wanted to charge me for it, I'd tell 'em where to vacation, and accept my fate as though they didn't exist. That's how offensive it is imo
 
Reminds me of an episode of All in the Family, where Archie and Mike ( Meathead) are accidently locked in a basement room below the bar. No one is in the bar and the till is unattended. Mike wants to yell for help but Archie sushes him as he doesn't want anyone to come and clean out the till. Mike says " Archie, why don't we take a chance that a decent honest human might come by?" Archie responds which disbelief and sarcasim. " In New York ? ".
laugh.gif
 
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I do it for good Karma hoping that if I was ever in the situation where I needed to rely on someone elses footage to prove my case for some reason I would want access to their footage as well. Whether it's at a cost or not.

That said I have my own Dash Cam and it saved me a few times. The latest is in the Lawsuit I had where I had to sue the person that wrote off my Dodge Journey.
 
Originally Posted by Snagglefoot
... The owner of the dash cam clearly owns the video. I imagine it could be fought with enough lawyers that you cannot make him give it up. Time will tell. Remember, play nice ...


In my state, if I knew of its existence, and if I thought it had some importance, I see no reason why I could not make you show up for a deposition at a time and place convenient to me and the other guy, but not necessarily convenient for you, for thirty bucks and mileage at the standard IRS rate. If I found it or you potentially useful, for another thirty bucks and mileage at the IRS rate, I could make you bring it to court. I could make you sit there all day to be my last witness, keep you until the other guy is done as a possible rebuttal witness, maybe even make you come back the next day for that same thirty bucks ( it's not a per diem ), or just not bother calling you as a witness at all after you cooled your jets in the hall for a day or two, or more, if you no longer fit into the strategy. When I'm done with your tape, and by necessity you, you can have it back after a copy is made - it's your property ...

Or you could let me have the recording so that I can make a copy, and try to work a deal with the other guy to let the recording be used without the inconvenience to you ( not me ) of it being authenticated by its creator, and I would get your property back to you with as little inconvenience to you as I possibly could.

Your call.
 
Originally Posted by StevieC
I do it for good Karma hoping that if I was ever in the situation where I needed to rely on someone elses footage to prove my case for some reason I would want access to their footage as well. Whether it's at a cost or not.

That said I have my own Dash Cam and it saved me a few times. The latest is in the Lawsuit I had where I had to sue the person that wrote off my Dodge Journey.


Hmm- not sure what you mean by "the person that wrote off my Dodge Journey". Did you sue the insurance adjuster ?
 
Originally Posted by Snagglefoot
Originally Posted by dlundblad
If you need to make a living, look into breeding cats.


lol.gif
11.gif



What happened to just working hard and smart in education and career choices.
 
Originally Posted by Win
Originally Posted by Snagglefoot
... The owner of the dash cam clearly owns the video. I imagine it could be fought with enough lawyers that you cannot make him give it up. Time will tell. Remember, play nice ...


In my state, if I knew of its existence, and if I thought it had some importance, I see no reason why I could not make you show up for a deposition at a time and place convenient to me and the other guy, but not necessarily convenient for you, for thirty bucks and mileage at the standard IRS rate. If I found it or you potentially useful, for another thirty bucks and mileage at the IRS rate, I could make you bring it to court. I could make you sit there all day to be my last witness, keep you until the other guy is done as a possible rebuttal witness, maybe even make you come back the next day for that same thirty bucks ( it's not a per diem ), or just not bother calling you as a witness at all after you cooled your jets in the hall for a day or two, or more, if you no longer fit into the strategy. When I'm done with your tape, and by necessity you, you can have it back after a copy is made - it's your property ...

Or you could let me have the recording so that I can make a copy, and try to work a deal with the other guy to let the recording be used without the inconvenience to you ( not me ) of it being authenticated by its creator, and I would get your property back to you with as little inconvenience to you as I possibly could.

Your call.




Oppps, I deleted it by mistake because the lawyer was being a jerkoff
frown.gif



I can't recall where but I read about a guy being nice and giving up the footage of an accident and police slapped him with something because there was some street racing footage (99% sure that was it) on his SD Card.


Moral of the story is don't go out of your way to help someone unless you're sure it won't blow back on you. In the end, it's not your problem.
 
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