The Shoulder
The Shoulder
57
patient-wolf-114

My dashcam caught everything — will it actually matter for fault?

So I got into a rear-end collision about three weeks ago and I'm honestly still processing the whole thing. Here's what happened: I was on the highway during normal traffic flow when a pickup suddenly merged into my lane from the right — no signal, no warning — and immediately hit the brakes hard. I had maybe a second to react. I hit him.

Cops show up and guess what? The other driver acted like I just randomly plowed into him. Didn't mention his lane change at all. The officer's report leans toward me being at fault because, you know, I was the one who hit him from behind.

Here's the thing though — my dashcam caught the whole sequence. You can clearly see him cut in and brake-check almost instantly. I've already uploaded the footage and sent it to both insurance companies.

I know the general rule that rear-ender = your fault. I've read all of that already. But does video evidence actually shift anything in practice? Like do adjusters actually watch it and factor it into fault determinations, or do they just default to the standard rear-end assumption?

I'm in a no-fault state so some of it goes through my own PIP regardless, but I'm worried about the liability side — my rates, a potential claim against me, all of that.

Has anyone been through something like this where dashcam footage actually changed the outcome? Or did the insurance company basically ignore it? Really want to know what people's real experiences have been, not just the theoretical answer.

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14 replies

  • 22
    brave-badger-033

    I'd be careful about assuming the other driver's insurer is going to watch that footage and suddenly decide their customer is at fault. They have a financial incentive to push fault onto you. Keep copies of that video EVERYWHERE — cloud, external drive, email it to yourself. Adjusters have been known to claim footage was 'unclear' or 'inconclusive' when it's actually pretty damning. Don't hand over your only copy of anything.

  • 22
    quiet-crane-893

    From a process standpoint — make sure you formally request in writing that both insurance companies acknowledge receipt of the footage and confirm it was reviewed as part of the fault investigation. If this ends up going further (demand letter, litigation), you want a paper trail showing you provided the evidence early. Also preserve the original file with the timestamp intact; don't just send a compressed or edited clip.

    • 0
      hopeful-wanderer107

      Seconding this. The same approach worked for me last year.

  • 19
    sharp-crow-049

    Going through almost the exact same thing right now. Different setup but same idea — other driver did something that caused the collision and I had it on camera. My adjuster actually did review the footage and it moved fault to like 70/30 in my favor instead of the other way around. Didn't flip it completely but it helped. Definitely don't let them just brush past the video.

    • 11
      gentle-tern-550

      I used to work claims for a major carrier and I'll be honest with you — dashcam footage genuinely changes things when it's clear and shows the sequence of events. Adjusters aren't just rubber-stamping the police report. If your video shows an unsafe lane change immediately followed by braking, that's what we call a 'contributing action' by the other driver. It doesn't automatically flip fault 100% to them, but it absolutely gets factored into a comparative fault analysis. My advice: make sure whoever handles your claim knows the footage exists, follow up in writing, and ask specifically how it was considered in the fault determination. Don't assume they watched it just because you sent it.

    • 8
      patient-dreamer808

      Going through something similar right now. Did following up actually move the needle for you?

  • 19
    spry-marmot-812

    Also — how are you doing physically? Rear-end collisions even at moderate speeds can do a number on your neck and back in ways that don't show up immediately. Please don't wait to see a doctor if you're feeling any stiffness, headaches, or soreness. I've seen people dismiss symptoms for two weeks and then have a much harder recovery. The adrenaline after an accident is real and it masks a lot.

    • 6
      careful-commuter311

      How long did it end up taking in your case?

  • 17
    patient-crane-181

    The fact that you even have footage puts you way ahead of most people in this situation. The majority of rear-end cases where the front driver caused it are just he-said-she-said and the rear driver loses by default. You actually have proof. That's huge. Use it.

    • 5
      kind-dreamer164

      That lines up with what my adjuster told me too.

  • 12
    clear-owl-390

    Send the footage to the other driver's insurance, your insurance, AND keep a copy for yourself. Then follow up by phone AND in writing. If either company drags their feet or tries to ignore the video, that's when you get a lawyer involved. The footage is your biggest asset here — don't be passive about it.

  • 8
    humble-mole-133

    Not legal advice, but this is exactly the kind of situation where an attorney consult is worth your time — most PI lawyers do free ones. Dashcam evidence showing a sudden unsafe lane change and immediate brake application can establish that the other driver's negligence was a proximate cause of the crash, even in a rear-end scenario. Whether that's enough to shift primary fault depends on your state's comparative fault rules. Don't just trust the insurance process to sort this out fairly on its own.

  • 7
    plain-raven-706

    What does the footage actually show in terms of distance and timing? Like how many car lengths ahead was he when he merged, and how long between the merge and the braking? I ask because 'he cut me off' means different things to different people and the adjuster is going to look at it the same critical way. If there's clearly no time/space to stop, that's strong. If there's a second or two of gap, they might still lean toward following-too-close. Just being real with you.

    • 0
      calm-traveler306

      That lines up with what my adjuster told me too.