Dash cams may reduce financial loss in an accident, says legal adviser

Installing a dashboard camera or “dash cam” could prove invaluable for vehicle owners to minimise their risk of financial loss in the event of an accident.

RBS legal adviser Johannes du Plessis says dash cam footage can help car owners avoid being held liable following an accident and also assist in recovering their damages, if uninsured, or excess payments after their insurance claim.

“A great deal of motor vehicle accidents result in disputes over what actually happened and which party is liable for whose damages,” Du Plessis said.

“We’ve seen time and again that witness testimonies are unreliable due to differences in perspective and viewpoints, changing testimony after persuasion, using incorrect synonyms in their testimonies, incorrect interpretation of facts, incorrect assumptions and not being independent.”

He said even the most responsible drivers might not always be able to prove they acted responsibly following an accident. “These individuals may therefore have to incur the damages and expenses to their own vehicles and be held liable for tens of thousands of rands in damages to the other driver’s vehicle, as well as the other driver’s expenses.

“Expenses, additional to the damages to both vehicles, include towing costs, storage costs and car hire which can also amount to thousands of rands,” Du Plessis adds.

About 65% of drivers are uninsured, according to estimates by the Automobile Association (AA).

“The fact that another driver caused damages to your vehicle does not mean they will definitely pay for your damages.

“Many existing uninsured drivers may not be able afford to pay for their own damages nor for the damages they may cause to another vehicle.”

Du Plessis said intersection collisions statistically had the highest probability of leading to a liability dispute.

“In as much as about 50% of collisions, both drivers allege they stopped at the stop sign or that the traffic light was green for them – and blame each other for the collision.

“In addition, as much as 40% of lane changes result in disputes. Damages to a vehicle for a minor collision may be as high as R38,000, while damages for a major collision may be as high as the values of both vehicles involved in the collision.”

He said it was vital for drivers to have, at the very least, an own damage and third party liability policy for their vehicle.

“Utilising dash cams to further help establish which party is really liable in an accident is easily the second most important risk management measure for drivers.”

Du Plessis said drivers with personal vehicles were often under the incorrect impression that all commercial vehicles had dash cams and that, in the event of a collision with them, had to provide the footage to them.

“In fact, only a small percentage of transport companies utilise dash cams, which means the majority of such collisions may still result in disputes.

“It will therefore be advantageous for both private and commercial vehicle owners to install dash cams.”

Du Plessis said even fully insured drivers could benefit from a dash cam.

‘Witness testimonies are unreliable due to differences in viewpoints’ Johannes du Plessis

RBS LEGAL ADVISER