Helmet cams as evidence in an Accident

[dragstaar]

Right.

I'm sick and tired of twats driving into me, and then claiming it was my fault during the insurance process. I was knocked off and injured last year, and the claim has finally come to a close. Due to lack of evidence and witnessed (i had a witness who was willing to fill in in forms etc, but wouldnt attend court) my compensation went from £2600 to £1300 as it was decided as 50/50 split liability. I'm fuming. But theres fuck all I can do about it.

So i've invested in those mini cams, and I'm going to make it habit to use it every day, on every ride, so next time i'm in an accident, the cunt has no way to budge. "oh you were indicating for ages were you? i performed a dangerous undertake did i? Well here you go motherfcuker, I've got it all on tape. We'll see what the judge says now".

Now my rant is over, my question: do these tapes stand in court, and will an insurance company accept it as evidence. Now what happens if its totally their fault, but my speedo shows 35mph or something. Is providing video footage a minefield as they might be able to pin some sort of carelessness on me. For instance, I understand that filtering is only legal in Stationary traffic, so will i ose out if the footage shows that I filtered when traffic was moving slowly etc?

Has anyone used video footage as part of a claim?

[Hetzer]

No need to say what I would do if some scumbag lied and screwed me out of a legit claim.
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[LeanIt]

Make sure your speedo isn't visible!

As you've noticed there may be pro's and con's!
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[bazza]

[dragstaar]

[0l0dom0l0]

yeah they do hold up. there was a interesting read on here not to long about about a van that reversed into a biker. let me see if i can find it

[0l0dom0l0]

Read this.

https://www.bikechatforums.com/viewtopic.php?t=194902

[Blau Zedong]

Sorry, Bazza is spot on. Cars don't just repeatedly "drive into" you. Poor obs is a contributing factor here methinks. And anyone who rides around with a camera filming for ambulance chasing purposes should be shot.
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[Ste]

[rac3r]

Surely you can't use the camera EVERY time you go out on the bike!
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[colin1]

Learning defensive driving would be the sensible thing to do, but think of all the times you avert an accident, which would have been someone elses fault.

If you had proof, of their misdeed, and could get money as a result, it could be a money spinner.
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[stinkwheel]

I think it is debatable as to weather it would be admissable in court for a civil case without certain conditions. Although it would be pretty useful evidence for the insurance companies to come to an agreement. The mere existance of such a video would probably put the shitters up the other party sufficiently that they'd come clean.

CCTV covering public places is a funny thing. If I put a camera on my house and it looked at any bit of public property, I'd have to display a notice stating that CCTV is in use for the purposes of crime prevention and public safety along with the name and number of the person in charge of the system. The images would have to be time and date stamped and I would have to keep a log of when the time stamp was calibrated.

That is, if I wanted to use any of the images as evidence in court. I'd be perfectly at liberty to record the images without these but they'd be of no use and I'd potentially be breaching the data protection act.

I suspect similar rules would apply, even to a camera on a vehicle. I've noticed they display said notices on buses where CCTV is in use.

That aside, you can get cameras for this specific puropse that record on a continuous loop as soon as you turn on the ignition. If you have a bash, stop the camera and you have the last 4 hours recorded on a flashdrive.

To avoid speedo issues, you could mount the camera on the bike itself.
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[Teflon-Mike]

Prosecution: So why was the defendant using a vidio camera while riding?
Defense: The defendant has been in a number of accidents, where he feels that the rulings went against him, & he wished, to ensure that the actual circumstances of any future incident were fully recorded....
Prosecution:- So, your client, has been involved in a NUMBER of previouse accidents........
Your client makes a HABBIT of claiming for personal injuries, from these claims.....
Your client, makes a habbiot of riding with a helmet camera EXPRESSLY to gain vidoe footage OF accidents in which he is involved.....
... I put it to you that your client, DELIBERATELY puts himself into situations of danger, with the express purpose of having an 'accident', in order that he may gain video footage & by such make over-inflated claims for damages for presonal injury.......
I see that on the list of property claimed to have been damaged in this accident your client wished recompense for is the value of a crash-helmet AND camera........

Hmmmmm......

I think that courts and insurance companies are getting a bit cute to compensation claims these days, & might not exactly do your case much good.

If you have had that many accidents, though, it WOULD suggest that YOU are doing something wrong.

Three layers of defense on the road:

Primary.... Avoidance.... know what makes a hazard, dont go there.
Secondary... Avasion... recognising a hazard has been thrust upon you, get yoruself out of it
Tersiary.... Oh shit, dis is gonna hurt........ hat, suit & crash-bars etc ... to limit HOW MUCH pain you suffer.

Insurance isn't even on the list! Let alone things ro aid a pottential claim. Me thinks you should be looking higher up, NOT further down!

You MAY be VERY unlucky, but, even so, there is usually an AWFUL lot you can do to improve your own luck.
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[colin1]

habit
tertiary
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[Bloke]

[multijoy]

[P.addy]

dragstaar, you must own my old bike

Ive said this plenty of times and get slated most times anyway.. ive had 8 non fault accidents, all cars coming into my lane or pulling out etc.
Heck I had one the other day in the car...again car cut across a lane
I thought after the 6th time wtf is going on, so i booked myself some advanced riding lessons.

Seriously, i couldnt avoid the 7th crash, but i certainly feel alot more comfortable and safer on the roads.
The 8th crash was on xmas day, a drink driver reversed out of drive onto a main road, couldnt see as their drive was covered in trees.

Ive never had video evidence, I just give them the honest truth of what happened. As such ive been paid out for these claims.

In regards to the tapes holding up, ive only been to court once and they did ask if I had any outstanding evidence to prosecute the guy.
I had nothing, aside from my memory of the accident...which was all they needed.
My current car claim was reckoned to go 50/50 but i told them to shove it and used google maps to show what happened. That worked fine.

By all means get a camera, fit it and record...but remember if you have had a spirited ride and you end up in an ambulance...the police take the bike and have seen you riding recklessly on tape...your claim will fail.

[Mr Hammers]

As 0l0dom0l0 pointed out, I had a cam on my bike when the van reversed into me. The driver lied to his company and the insurance company, and I would have been left out of pocket by a lot if I hadn't had the footage to back it up.

If you had the footage, and it was pretty conclusive it wasn't your fault, it wouldn't even get to court. Insurance companies are bastids, but they know when they're beat.

But, if it wasn't conclusive - if there was a question over your speed or ability to react to the danger properly - then they might well take it to court and the video may even be used against you. So if you do stick a cam on, something I would totally recommend btw, then make sure you're as blameless as possible before making it known.

As others have said though, with that many offs it does make one wonder if it's something you're doing, or not doing, to have so many, so that's something worth considering. On the other hand you might just be unlucky.

Anyway, do get a camera, but keep its existence to yourself unless you really need it.

oh, I have one of those MD80 copies, but as it's a bit tricky to switch on and off, and there's the bother of recharging it and having to download after every journey, it would be worth looking for something that's designed for it, and records a continous loop, like Stinkwheel suggested, if you're going to use it regularly.

I *think* NC30 here sells decent cams for bikes too, so you should talk to him.
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[Mr Hammers]

[Kwaks]

My motocom camera runs off the bikes battery, and records up to 8 hours onto the SD card I have fitted. You'll need a set up like this if you are going to record every journey.

Might help you see instances where defensive riding might have got you out of harms way
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