Dashcam footage has become one of the most important pieces of evidence in Queensland motor vehicle accident injury compensation claims. This type of claim requires you to prove fault under the compulsory third party (CTP) insurance scheme, and video footage can help prove what happened and who was responsible. This may be recorded by your own car or another vehicle that happened to record the accident.
In this article we outline the role of footage in your compensation claim, how to send dashcam footage to an insurance company, and when it can speed up your claim.
How does dashcam footage help my motor vehicle accident claim?
Queensland’s CTP scheme is an entirely fault-based (Motor Accident Insurance Act 1994 (QLD)). That means proving the other driver caused the accident, and therefore your injuries, isn’t just helpful; it is essential for a successful claim.
In most CTP claims, fault is determined through driver behaviour, police reports, eyewitness statements, and evidence such as dashcam footage. Recordings from dashcam footage can show the collision, any road signs such as give way and stop signs, traffic light signals, and reckless driving that may indicate the driver’s fault.
Is dashcam footage admissible as evidence in Queensland?
Yes, provided it was lawfully obtained and properly handled. To be admissible in Queensland, dashcam footage recordings must be relevant to the accident, have a clear chain of custody that verifies no tampering has occurred, and comply with all privacy and surveillance laws.
Recording on public roads is generally lawful. However, footage that captures people in private settings, or audio recorded without the consent of all parties, can face legal challenges. Audio recording without consent is illegal across Australia and could cause footage to be inadmissible or expose you to legal liability. If your dashcam captures audio, you must get proper consent from anyone who is heard. The easiest way to avoid privacy issues is to disable audio recording on your dashcam.
Footage should also be timestamped and stored securely to maintain its integrity. Before sharing footage, whether from a dashcam or mobile phone, always speak to a lawyer first.
How to send dashcam footage to an insurance company
There are a few important considerations when sending dashcam footage to an insurance company. You should make sure it is saved securely and do not alter the footage or file in any way.
Save the footage immediately
The first thing to do is save the footage securely before it is overwritten. Many dashcams record on a continuous loop and automatically overwrite older footage as the memory card fills up. Copy the files to a computer or external drive and don’t continue using the dashcam until the footage is backed up. The same urgency applies if you think other footage exists nearby; for example, surveillance systems can overwrite footage within days.
Do not alter the file or footage in any way
Do not edit or alter the footage in any way. It should be provided to your lawyer or the insurer as completely unaltered as raw, time-stamped recordings. Always check with your lawyer before handing footage over to an insurer so that they can determine if it will help your case and if there are any issues, such as audio privacy. Keep the original file in case you need a backup.
The file matters beyond what you can see on screen. Another important thing to note is that the file may contain metadata that will help validate authenticity, so you should preserve the file in its original form.
Can I share my dashcam footage on social media?
No. Don’t publish footage publicly as it can breach privacy laws, damage your claim, and complicate legal proceedings. Seek legal advice before sharing footage in any context.
How do I know if someone has dashcam footage of my accident?
The best way to find dashcam footage of your accident is to start at the scene and ask witnesses. Ask any drivers who stopped if they have a dashcam and whether they would be willing to provide the raw footage. They have no obligation to do so but may want to help you. If you have witness contact details, your lawyer can follow up with them on your behalf.
What other footage might have caught my accident?
In addition to dashcam footage, there are a number of other places you can look to find video footage. Talk to your lawyer about legally requesting the footage to make sure you undertake the correct legal process to use footage as evidence in your case.
CCTV from nearby businesses
One option is to check if the accident scene has any CCTV cameras around. For example, nearby businesses, petrol stations, restaurants, and residential properties may have footage of what happened. Pass the details of these buildings or businesses onto your lawyer so they can request it from the owner or manager. They also have no obligation to provide the footage but may do so out of good faith.
Council footage
Council footage may also be available, such as the Brisbane City Council CitySafe CCTV network and Traffic CCTV. You can phone the Council to check if a CCTV camera is in the location of your accident and whether footage is still available. Anyone may request recorded traffic camera footage under the Right to Information (RTI) process in Queensland.
Transport and Main Roads (TMR) traffic cameras
It is also worth checking the Transport of Main Roads (TMR) traffic camera footage as these are operational across major Queensland roads and motorways. Given the standard seven-day retention period, this request is time critical and should be done as soon as possible after the accident. Read our article about collecting video evidence for more information on the process.
Will dashcam footage speed up my claim?
Dashcam footage may speed up your claim in certain ways, but it’s important to understand where it helps and where it doesn’t. It can accelerate some stages of a Queensland CTP claim, while other parts take the same amount of time regardless of what evidence you have.
How dashcam footage may speed up your claim
Video evidence can help establish liability faster. In disputed cases without clear evidence, an insurer may take up to 6 months to determine liability. If fault is clear from the outset, evidence of fault can shorten disputes with insurance providers, reducing the process by months.
It may also help you to gain access to treatment funding sooner which can aid a smoother recovery. The sooner fault is determined; the sooner funding will be released. If the insurer determines the other driver is at fault, under the CTP scheme it is required to fund reasonable rehabilitation and medical expenses.
Where dashcam footage does not speed up your claim
Your claim settlement relies on assessing the full impact of your injuries which usually involves medical examinations. Evidence such as dashcam footage will not speed up this part of your claim as the full extent of the injury must be known before the final outcome of your case.
Next steps if you were injured in a motor vehicle accident
If you were injured on Queensland roads and it was not your fault, get in touch with our lawyers for a free case assessment. We’ll answer any questions you have, determine the strength of your case, and outline the best next steps for your situation.