{"id":1775,"date":"2019-08-30T06:28:27","date_gmt":"2019-08-30T06:28:27","guid":{"rendered":"https:\/\/www.faire-regulierung.de\/?p=1775"},"modified":"2022-01-03T17:09:47","modified_gmt":"2022-01-03T16:09:47","slug":"dashcam-als-beweismittel","status":"publish","type":"post","link":"https:\/\/fairforce.online\/en\/ratgeber\/dashcam-als-beweismittel\/","title":{"rendered":"Dashcam recordings as evidence: is this allowed?"},"content":{"rendered":"

Since the judgement of the Federal Court of Justice (BGH) <\/span>of 15 May 2018 - VI ZR 233\/17<\/span> 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.<\/span><\/p>\n\n\n\n

 <\/h2>\n\n\n\n

Considerations of the BGH<\/h2>\n\n\n\n

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.<\/span><\/p>\n\n\n\t\t

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Even if the question of fault is actually obvious, problems can arise when settling the claim. There are no witnesses or the <\/span>Accident opponent denies the course of the accident<\/span><\/a>. Recordings from a dashcam are particularly important here and can be used as evidence. <\/span><\/p>\n\n\n\n

Attention: These legal limits exist when dealing with dashcam recordings<\/h2>\n\n\n\n

The BGH makes it clear that there are limits to filming traffic. The use of dashcam recordings must not violate the law. <\/span>right to informational self-determination<\/span><\/a> and the <\/span>Right to one's own image<\/span><\/a> from Art. 2 (1) GG in conjunction with Art. 1 (1) GG. <\/span><\/p>\n\n\n

Caution<\/div>
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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.<\/span><\/p>\n

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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.<\/h2>\n\n\n\n

The use of dashcam videos is not always admissible as evidence. This is checked in each individual case (using <\/span>Weighing up legal interests<\/span><\/a>). <\/span><\/p>\n\n\n\n

On the one hand, there is the interest of the party providing the evidence:<\/span><\/p>\n\n\n\n