Do Dashcams Help or Hurt Car Accident Claims in NJ?

All Practice Areas

Dashcams have quickly become essential for many drivers in New Jersey. These compact devices offer real-time video that can be used to support insurance claims, clarify disputes, and even impact the outcome of personal injury lawsuits. But while dashcams can be a powerful tool, they can also backfire if used incorrectly or without understanding how the law treats them.

This guide explores everything New Jersey drivers need to know about how dashcam footage affects accident claims, legal admissibility, personal injury cases, and insurance disputes.

Understanding Dashcams and Their Use in New Jersey

What Is a Dashcam?

A dashcam, or dashboard camera, is a small camera mounted on your windshield or dashboard. It continuously records the road ahead—and sometimes the interior or rear view of the vehicle—while you drive. Many models now include GPS tracking, audio, and cloud backup features.

Why Are Dashcams Becoming More Popular?

Drivers are using dashcams to protect themselves in the event of a crash, dispute, or fraudulent claim. Video evidence can help resolve “your word vs. their word” scenarios and assist insurers or courts in determining fault.

 

Are Dashcams Legal in New Jersey?

General Legality

Yes, dashcams are legal in New Jersey. You can install and use them as long as they do not violate any laws regarding driver visibility or privacy.

Windshield Obstruction Rules

Under New Jersey traffic regulations, your dashcam must not obstruct your forward view through the windshield. Most dashcams should be installed in a small, non-intrusive area near the rearview mirror or on the dashboard.

Audio Recording and Consent

New Jersey is a one-party consent state. You’re allowed to record audio inside your vehicle as long as you are part of the conversation. However, issues could arise if you record passengers or other parties during traffic stops or disputes without their knowledge.

 

Can Dashcam Footage Be Used in NJ Courts?

Admissibility in Legal Proceedings

Dashcam footage is generally admissible in New Jersey courts—including traffic court, civil lawsuits, and insurance hearings—if it meets certain conditions. It must be:

• Authentic (you must verify it’s your footage)
• Unedited and time-stamped
• Clearly relevant to the case

How It’s Used in Court

Dashcam footage can be submitted as part of your legal defense or to establish the fault of another party. It can support police reports or contradict a false claim made by the opposing driver. If the video is clear and unbiased, it may carry significant weight with a judge or jury.

 

How Dashcam Footage Impacts Insurance Claims in NJ

1. New Jersey’s No-Fault System Explained

New Jersey follows a no-fault insurance model. After most accidents, your own insurance pays for your medical bills, regardless of who caused the crash. However, liability still matters when it comes to vehicle repairs and claims exceeding your personal injury protection (PIP) limits.

2. Dashcams in Insurance Investigations

Dashcam footage can be used during the claims process to prove who caused the crash, how it happened, and who was driving recklessly or illegally. Many insurers accept this type of footage as part of their investigative process.

3. When Footage Helps Your Claim

If the footage shows the other driver violating traffic laws—such as running a red light or tailgating—it could speed up your claim and support a full payout.

4. When Footage Can Hurt Your Claim

Dashcam recordings can also hurt your case if they show that you were partially at fault. For example, if your camera captures you texting while driving or speeding, that could reduce or eliminate your payout under New Jersey’s comparative negligence rules.

 

Dashcams and Personal Injury Lawsuits in NJ

Why Dashcams Matter in Injury Claims

In personal injury claims, proving fault is essential. Dashcam footage can provide undeniable evidence about the cause of the crash and the behavior of both drivers before the incident.

Comparative Negligence in New Jersey

New Jersey follows a modified comparative negligence rule. If you are found to be more than 50 percent at fault, you cannot recover damages. If your dashcam footage shows that you were partially responsible, your compensation may be reduced proportionally.

Using Footage to Prove the Other Driver’s Fault

Video that captures illegal maneuvers, distracted driving, or signs of intoxication in the other driver can be extremely helpful in building a strong injury case.

 

Do Insurance Companies in New Jersey Accept Dashcam Evidence?

How Insurers View Dashcams

Most major insurance providers in New Jersey will consider dashcam footage during a claim, but they’re not obligated to accept it as conclusive evidence. Each company may have its own internal policy on how to weigh video evidence.

Best Practices for Submitting Dashcam Footage

If your dashcam recorded the accident, submit the footage when you file your claim. Include a short description of what the video shows and avoid editing the clip. If necessary, have your attorney handle the submission to ensure it’s presented properly.

 

When Should You Use or Withhold Dashcam Footage?

Situations Where It Helps

You should use dashcam footage if it clearly exonerates you or shows that the other driver was entirely at fault. For example, footage showing you were stopped at a red light when another driver rear-ended you is compelling and hard to dispute.

When to Be Cautious

If the footage shows any signs of negligence on your part—such as rolling through a stop sign, speeding, or being distracted—it may be wise to consult a lawyer before sharing it with insurers or legal authorities.

Protecting and Preserving Your Video

Do not delete or alter the original file. Save it in multiple locations and ensure the metadata, such as date and time stamps, remains intact. A video that’s been tampered with may be inadmissible in court or rejected by insurers.

 

Advantages and Disadvantages of Using a Dashcam

Key Benefits

Dashcams offer real-time, objective proof that can resolve disputes faster, deter fraudulent claims, and support your case if you’re wrongly accused. They’re particularly helpful in “your word vs. their word” situations and may help settle claims faster.

Possible Drawbacks

Dashcams don’t lie—which means they may capture your own mistakes. Even small infractions can be used against you in court or by your insurance company. Additionally, dashcams require maintenance, storage space, and careful positioning.

 

Frequently Asked Questions About Dashcams in NJ

Will a dashcam help prove I wasn’t at fault in a New Jersey car accident?
Yes, dashcam footage can be extremely useful in proving that you were not at fault in a car accident. If the video clearly shows that the other driver ran a red light, rear-ended you while you were stopped, or committed another traffic violation, this visual evidence can support your account of the event and help persuade insurance adjusters or even a judge. In disputed cases, having objective video footage can often mean the difference between winning or losing a claim.

Can dashcam footage be used in a personal injury lawsuit in New Jersey?
Absolutely. Dashcam footage can play a major role in a personal injury lawsuit, particularly in establishing liability. New Jersey follows a modified comparative negligence rule, so being able to demonstrate the other party’s negligence through dashcam video can strengthen your position significantly. The footage may also support your timeline, clarify the severity of the crash, and validate claims about how the incident occurred.

Is dashcam video automatically admissible in court?
No, it is not automatically admissible. While courts often accept dashcam footage as evidence, it must meet several conditions. The footage should be relevant to the case, clearly recorded, unaltered, and supported by someone who can verify its authenticity. Courts may reject footage if it appears edited, lacks context, or doesn’t meet evidentiary standards such as proper chain of custody or timestamp integrity.

Can dashcam footage be used against me?
Yes, dashcam footage can work against you if it reveals that you were partially or entirely at fault for the accident. For example, if the video shows you speeding, failing to yield, texting while driving, or making an unsafe maneuver, that evidence could reduce or even eliminate your ability to recover damages. Because New Jersey applies comparative negligence, even partial fault can impact your claim.

Will my insurance company accept dashcam footage when I file a claim?
Most insurance companies in New Jersey will review dashcam footage if you provide it during the claims process. However, they are not required to accept it as conclusive proof. The insurer will evaluate the quality, context, and authenticity of the footage along with other evidence, such as police reports and witness statements. Submitting clear, unedited video early in the process typically increases its credibility and usefulness.

 

Final Thoughts: Should You Use a Dashcam in New Jersey?

A dashcam is a powerful tool that can provide clarity and protection after a car accident. In most cases, having a dashcam is better than not—especially if you drive frequently or have concerns about false claims. However, it’s not a cure-all. It must be used responsibly, preserved correctly, and reviewed carefully.

Whether it helps or hurts depends on what it records. Understanding your legal rights and how insurance companies view dashcam footage is essential to using it effectively.

 

Contact The Epstein Law Firm, P.A., Today

Dashcam footage could be your best defense—or your biggest liability—after a car crash. Don’t take chances. If you’ve been in an accident and recorded the event, our qualified New Jersey car accident attorney can help you assess the footage, understand its implications, and determine the best course of action.

Contact us today for a free consultation. Protect your rights and make the most of your dashcam evidence.