Since the judgement of the Federal Court of Justice (BGH) of 15 May 2018 - VI ZR 233/17 recordings made with a dashcam are, in principle, admissible as evidence in civil proceedings. You can find out what you need to bear in mind when using dashcam recordings as evidence in an accident here.
Considerations of the BGH
The judgement of the BGH states that the recordings help to clarify the course of the accident. Dashcam recordings are a great help for experts, insurers and lawyers alike when it comes to assessing claims for damages. What compensation claims do you have after an accident? You don't know? Then have them checked by our specialists in the fair regulation network.
Even if the question of fault is actually obvious, problems can arise when settling the claim. There are no witnesses or the Accident opponent denies the course of the accident. Recordings from a dashcam are particularly important here and can be used as evidence.
Attention: These legal limits exist when dealing with dashcam recordings
The BGH makes it clear that there are limits to filming traffic. The use of dashcam recordings must not violate the law. right to informational self-determination and the Right to one's own image from Art. 2 (1) GG in conjunction with Art. 1 (1) GG.
Publishing dashcam videos on the internet, e.g. on YouTube, can violate the right to informational self-determination and the right to one's own image. The use of dashcam videos should therefore be carefully considered beforehand.
It is necessary to weigh up the legal interests in each individual case as to whether dashcam recordings may be used as evidence in civil proceedings.
The use of dashcam videos is not always admissible as evidence. This is checked in each individual case (using Weighing up legal interests).
On the one hand, there is the interest of the party providing the evidence:
- Enforcement of his civil law claims
- the right to be heard enshrined in the Basic Law in accordance with Article 103 (1) of the Basic Law in conjunction with the interest in a functioning civil justice system
- a materially correct decision based on a free assessment of the evidence
On the other hand, there is the general personal right of the opposing party:
- Right to informational self-determination
- Right to one's own image
In the above-mentioned judgement of the Federal Court of Justice, the balancing of legal interests was in favour of the person who, in the civil proceedings, demanded that the court of appeal admit his dashcam recordings as evidence. acc. § 371 Para. 1 ZPO to take a closer look.
Fair regulation is there for you
Have you had a road accident and don't know whether your dashcam footage is admissible as evidence and what you need to do now? We can help you further.
That's what we do for you: Our network of experts will take care of the entire claims settlement process for you - from checking the claims to enforcing the claims for compensation. With our fair settlement portal, we guarantee you uncomplicated and professional claims settlement. This saves you a lot of time, because the specialists in the fair settlement network communicate with all parties involved in the process, from the insurance company to the expert to the lawyer. Here you can call up the status of your case or view important documents such as invoices and expert reports.
These are the steps for your best possible claims settlement: You report your accident to us and this is how it works: Simply online or via the free hotline 0800 30 111 60. Now you have already taken care of everything for your claims settlement. Our experts from the fair regulation network will contact you within a few minutes and discuss the next steps with you.
