What should I do if my dashcam recorded the accident but the insurance company is refusing to pay?

yuriy_orlov RU 🌱 Newbie 👁 48 ⚑ Report Car Law

I have dashcam footage where it's clearly visible that the other driver is at fault. He made a U-turn right in front of my car, and I didn't have time to brake. My own insurance (CASCO) is saying they won't pay out until I get an official decision from the traffic police about the other driver's liability. But the other driver is denying everything and won't admit fault. What should I do? Can the dashcam recording serve as evidence in court against the insurance company?

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5 answers

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грибник1987 RU 📗 Student 💬 16 answers ⚑

Video is powerful evidence, but the insurance company has a point: they need an official document proving fault, not just a recording. The thing is, traffic police don't always write up incident reports anymore - they only do it if someone was injured or there's a violation that carries a penalty. If the other driver just denies responsibility, the officer can refuse to file a report, and then you're left with civil court.

Here's what will actually help: sue the at-fault driver for damages. The video will be your main evidence - courts accept it gladly because it's objective. At the same time, file a claim with your insurance company, attaching both the video and the court filing. A lot of insurers pay up quickly once they see you're ready to go to court. And here's a pro tip: if the video clearly shows the other driver's license plate and vehicle condition, try contacting their insurance directly - sometimes they'll sort it out faster than your company, especially if the damage isn't that big.

Also check if you have witnesses from the accident scene - their testimony combined with the video really strengthens your case. And save the video file in multiple places, ideally with metadata intact, to prove it's authentic.

СА садовод67 KZ 📗 Student 💬 19 answers ⚑

The video will definitely help, but the insurance company has a point - without an official decision from the traffic police or a court ruling on the accident, it's harder to prove the other driver's fault to your own insurer. Try filing a complaint with the traffic police along with the video to get them to reconsider their decision, or go straight to court against the other driver for damages - the video will be strong evidence there, and once the court finds them guilty, you can then demand payment from your insurer based on the court decision.

ОЛ Олег1967 RU 📗 Student 💬 12 answers ⚑

I got into a similar situation a couple years ago - my car got banged up, the other driver took off, and I had it all on video. My insurance company was dragging its feet too, demanding a police report. Here's what I learned firsthand: video by itself isn't a legal document for an insurance company. Even if it's crystal clear on camera, the insurer will say they can't determine fault on their own - that's the job of the traffic police or the courts.

The thing nobody mentioned - file a formal complaint with the traffic police asking them to draw up an accident report. If the officer refused at the scene or said you were both at fault, lodge a complaint against the officer's actions. Attach the video as evidence. At the same time, send a written claim to your insurance company (preferably by registered mail) demanding payment and stating that the video clearly proves the other driver was at fault. If they refuse - take them to court. Courts usually accept video recordings as evidence and often side with the injured party.

The catch is that all this can drag on for months. Insurance companies count on exactly that - people get tired and usually give up. If you need your car fixed urgently, you can pay for the repairs yourself and then demand compensation through the courts directly from the at-fault driver (bypassing the insurer). It takes longer, but sometimes it's more effective than pushing your own insurance company.

lyudmila_sova UA 📗 Student 💬 16 answers ⚑

If the other party denies fault and the traffic police didn't draw up a report, you're left with going to court with the video - not directly to the insurance company, but filing a lawsuit against the at-fault driver through the courts, and then demanding payment from your own insurance company based on the court's decision! The video will be solid evidence in court, especially if everything's clear on it.

timofey_tsvetovod RU 📗 Student 💬 7 answers ⚑

The main thing you need to know is that video evidence will be useful in court, but the insurance company can refuse to pay out on your CASCO policy precisely because it's voluntary insurance with a bunch of conditions written into the contract. Check your policy - there might be a clause requiring a decision from the traffic police or court before they'll pay out. If such a clause exists, then technically the insurance company is right, even if the other driver's fault is obvious on video. Still try filing a complaint with the traffic police with the video - sometimes this helps get the case reconsidered, even if they didn't draw up an initial report.

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