Do Insurance Companies Check Video Footage after a Truck Accident?May 10, 2021
Technology advances at lightning speed, leaving most of us unable to keep up. These improvements have led to a surge in video surveillance around the world. Small high-definition security cameras are now flooding the market at affordable prices, and everyone is taking advantage—including the insurance industry.
Insurance companies take several measures to avoid paying fair settlements when claims come their way. Since Texas truck accidents often result in steep damages, insurance companies have been trying to use video footage as a way to disprove liability—but is it legal?
Are Insurance Companies Allowed to Use Video Footage for Truck Crashes in Texas?
If an insurance company is attempting to use footage of a truck accident that they obtained from a security camera or traffic camera, you may be wondering if they are legally allowed to do so. The answer is that it depends on a few factors, including:
- How they were able to acquire the video: If the video was obtained illegally (by paying someone for a video they recorded on their phone, for instance), they will not be able to use the recording.
- Whether or not the footage is authentic: If the video recording has been altered in any way, any evidence it may provide could be dismissed in court.
- The clarity of the video: Video recordings are not usable if the footage is blurry or does not clearly show the events in question.
- If they disclose that they will be using video evidence: Insurance companies need to be upfront about letting you know that a video recording will be used as evidence, or they may not be able to use the footage at all.
- The relevancy of the footage: If the video is irrelevant to your truck crash or any injuries sustained from the accident, the insurance company will not be able to use the footage.
Insurance adjusters will search anywhere they can for evidence (including any video footage they can get their hands on) that could help decrease a settlement amount. Be honest about the extent of your injuries when they ask, but do not consent to give a statement to an insurance company about your truck accident without legal guidance from an experienced attorney.
How Can Video Footage Affect Your Truck Accident Claim?
After a truck accident, insurance companies can request access to public camera footage from security and traffic cameras to assist in their investigation of your claim. If the footage counters what you claim happened during the crash, they could deny your settlement entirely.
Conversely, if the video proves that you told the truth about what happened, it could help your claim by providing indisputable evidence that the collision was not your fault. An experienced truck accident attorney will be able to help you access any traffic cameras or CCTV footage that could help your case. Also, if there are any videos that could hurt your case, your lawyer may still be able to soften the damage and help you recover at least partial compensation.