The Shoulder
The Shoulder
71
Car accidentsquick-crow-338

Dashcam caught the crash but also caught me doing something dumb — should I still hand it over?

So I was T-boned at an intersection about three weeks ago. Total nightmare. The other driver blew through a stop sign without even tapping the brakes and slammed into my passenger side. My dashcam got the whole thing crystal clear — you can see their car just flying through, no hesitation.

Here's my problem. About four seconds before impact, I was messing with my phone mount that had slipped down. Hands were on the wheel but I was glancing down for maybe two seconds. It's visible on the footage.

The other driver is at fault, obviously — everyone at the scene said so, the responding officer even noted in the report that the other driver failed to yield. But now I'm getting pressure from multiple directions:

  • The police followed up and want to know if I have dashcam footage
  • My insurance asked if I have any recordings of the incident
  • The other driver's insurance has already called me twice

I'm not trying to hide anything, and honestly the footage destroys any argument that the other driver wasn't at fault. But I'm nervous about that two-second glance showing up and being used to chip away at my claim or, worse, giving the other driver's insurer an angle to push partial fault onto me.

Does sharing this footage help me or hurt me? Can I be compelled to hand it over if I'd rather not? Has anyone dealt with something like this where the footage was mostly good but had one awkward moment in it?

For context: no serious injuries on my end, just some pretty bad whiplash and a car that's probably totaled. The other driver has insurance but they've been slow to respond.

15replies

Not sure what your claim is worth?

AskMatlock can connect you with an independent injury lawyer for a free case check — no pressure, no cost to start.

Check my case

0 / 4000 · posted under a randomly assigned handle

15 replies

  • 17
    bright-sparrow-215

    Do NOT hand anything to the other driver's insurance before you talk to someone who's on your side. They are calling you twice a week because they want to find something to use against you. That's the whole game. Your insurer is different — you may have a duty to cooperate with them — but the at-fault driver's insurer? You owe them nothing yet.

    • 18
      gentle-marmot-708

      Here's the honest take: the footage is probably going to come out eventually anyway, especially if there's litigation. Better to control the narrative around it now than have it surface later in a way that looks like you were hiding something. Get a PI lawyer on the phone this week, show them the footage privately, and let them tell you the best way to handle it.

    • 2
      soft-spoken-sidewalk314

      Did the timeline change anything for you? Mine dragged on for weeks.

  • 17
    steady-owl-741

    I used to work claims, so let me tell you what actually happens inside the insurance company when footage comes in. Adjusters are looking to assign comparative fault percentages. A two-second glance at a slipping phone mount? In most states that's going to be worth maybe a small percentage reduction at worst — and only if they can even argue it contributed to the crash, which sounds hard here given the other driver ran a stop sign. The footage proving the other driver's fault almost certainly outweighs that risk. That said, definitely cooperate with your own insurer first and let them guide the rest.

    • 9
      weary-driver742

      That lines up with what my adjuster told me too.

  • 17
    gentle-wren-112

    The police request is something to take seriously — if they ask for it formally, refusing can get complicated. But 'they want to know if you have footage' is different from a formal evidence request or subpoena. At this stage you're not legally obligated to volunteer it to them, from what I understand. I'd get clarity from an attorney on exactly where that line is before you respond to the officer's follow-up.

  • 16
    gentle-marten-247

    Not legal advice, but two things worth knowing: in most states you have a duty to cooperate with your own carrier, which can include providing evidence. With the other driver's insurer you generally don't. Also, comparative negligence laws vary a lot by state — in some places even if you're found 10-15% at fault, you can still recover the majority of damages. Worth at least a free consult with a PI attorney before you make any decisions about what to share and with whom.

    • 3
      hopeful-dreamer810

      This is exactly what I needed to read today. Thank you.

    • 7
      weathered-offramp825

      Took me three tries but they finally budged. Don't give up.

  • 15
    mellow-crow-063

    I went through something weirdly similar — my footage was great for proving fault but caught me rolling through a yield sign right before. I was terrified. In the end, the footage was so clearly damning for the other driver that even my own insurer said it was a net positive to have it. The two seconds you're describing sounds way less significant than a blown stop sign, honestly.

  • 12
    calm-vole-474

    This sounds so stressful on top of already dealing with the accident and the whiplash. I really hope you're doing okay. Please don't try to navigate all of this — the police, two insurance companies, the claim — by yourself. You deserve someone in your corner.

  • 9
    tidy-newt-258

    How visible is the glance really? Like is it obvious you're distracted or is it just something you noticed because you know it happened? There's a difference between 'head clearly turns down for two seconds' and 'you can kind of tell his eyes moved.' That changes the calculus a bit.

    • 9
      tired-survivor739

      Curious whether you did this on your own or had help with it.

  • 7
    bold-swan-925

    I just want to flag — please don't let the claims stuff distract you from the whiplash. It seems minor but whiplash symptoms can genuinely worsen or show up delayed, sometimes weeks later. Make sure you're documenting everything medically and going to follow-up appointments. That documentation matters for your claim AND for your actual health.

    • 6
      weary-parent207

      Appreciate the detailed write-up. Saving this for later.