No dash cam footage recorded when accident occurs!

[afadeev]

If OP does not have a solid video, he may be in for a fight.

Nonsense.
99+% of the accidents do not have video evidence. The truth is fairly easy to unravel, and both the insurance companies and police do this for a living.

Over-obsession with video is silly.
I've personally been involved in parking vandalism situation where police and insurance companies refused to look at the videos.
Putting all the eggs into dashcam basket is misguided.

My insurance is the big Allstate, the young adjuster just wants to quickly close the small claim, even offered other side 80/20 split. They still did not take and wants to fight it. We obtained footage from the nearby Dunkin donut, showed to the other side, still not admitting fault. Ended up doing arbitration and won.

Something fishy about your story - your insurance company did not want to fight for you, but then they did, taking the case to arbitration?

Relax, and use your insurance company to fight and win for you.

YMMV,
a

 

[jay1122]

Nonsense.
99+% of the accidents do not have video evidence. The truth is fairly easy to unravel, and both the insurance companies and police do this for a living.

Over-obsession with video is silly.
I've personally been involved in parking vandalism situation where police and insurance companies refused to look at the videos.
Putting all the eggs into dashcam basket is misguided.

YMMV,
a

Did you not read my other paragraph? There are crooks out there that will just deny and refuse to accept responsibility. Yes, majority of the accidents does not involve video records. But it does not always end up in justice. Sometimes they just split the fault and move on since no injury was involved. To the insurance firms, the small repair bill is just small write off. The video record is just another layer of insurance to help you. I had accidents where the other side admits fault, I filed straight through their insurance. It is always the lying crooks that you need to watch out for. OP seems to have met one.

 

[stopcrazypp]

Uhm, you should be talking to YOUR insurance company, not the other driver's. Your insurance will deal with the other one.

The other driver can say whatever they like, but the story has to fit the evidence. The basic evidence is he has damage to the front of his Prius. You have damage on the side of your car. Since you can't hit people with the side of your car, as your rear wheels don't turn, then it becomes obvious the Prius hit you. End of story.

You got hit on a side. The sequence of events that produce that outcome is very limited, and very self-evident. No dash came required to figure that out.



Stop freaking out!



Why are you talking to the other driver's insurance company?
You should have filed a claim with YOUR insurance company, and let them advocate on your behalf. The incentives to assign blame to the other party are perfectly aligned with YOUR insurance company, and that is the part you want advocating on your behalf.



All of the above is normal, and expected. Any insurance company will start with an investigation.



Did they really say that? (I seriously doubt it!)
Or are you freaking out and jumping to panicked conclusions?

Unless you blew a stop sign / red light, the fault is obvious from the damage incurred.
Insurance companies and police have deciphered root cause of road accidents for a century + without silly dash cams.
Relax, and use YOUR insurance company to YOUR advantage. That is precisely what you have been paying them to do all those years!

a

While claiming with your own insurance company saves headaches, it's not always the best approach as in certain states that still increases your premiums given it's still counted as a claim on your policy. I've seen this mentioned in a few cases in other threads.

 

[jay1122]

Something fishy about your story - your insurance company did not want to fight for you, but then they did, taking the case to arbitration?

Relax, and use your insurance company to fight and win for you.

YMMV,
a

What is fishy about it? We wanted 100/0 but other side just refuse. The adjustor then offered to go 80/20 split fault. Other side still does not want to settle and take the 80% at fault. When you cannot reach agreement between the insurance company, you go to arbitration. You do know what arbitration is I assume?

Your insurance will "fight", but the win is not guaranteed. you just have to let it play out at that point. Having video footage is always helpful if you are on the right side. If you are on the wrong side, better hide your dash cam.

Oh remember this thread. Man it is a good one. Guy originally is at 15% fault but wanted to pursuit 100% on other side. Went to arbitration and end up taking 100%. life is not fair.

Model 3 accident.. was I at fault? [After arbitration my insurance says yes]

teslamotorsclub.com

 

[KenC]

Nah it depends. Even though I don't have picture of the scene. A side and front hit like that usually happens in intersections when cars travel in perpendicular. The front of the Toyota hits the side door of the tesla. It all depends on who has the right of way. The toyota driver could argue the tesla came into the intersection without stopping while he was passing through the intersection and thus hitting the side door. Without hard video, it will be he said she said. It all depends on the adjuster's investigation and who has the right of way. Honestly, I think someone blew a stop sign. If I could look at the intersection, I would probably get a better idea. Sometimes, the adjust may just end up settling with the other side with shared fault.

Based upon the picture evidence, I don't believe your scenario occurred. If you look at the impact on the Tesla, it's not a 90° t-bone impact. It shows a peeled can effect on the rear door, due to an oblique impact. The impact was slow. One of them was turning.

If you imagine the Tesla turning left in front of the Prius, it's the Prius hitting the turning Tesla on the passenger rear door.

Now, let's imagine the Prius turning in front of the Tesla. Well, the physics don't seem to work. So, it has to be the Tesla turning left in front of an oncoming Prius that probably slowed and hit the Tesla, but at a slow speed. Note, no airbags deployed.

In my state, while right of way matters, it doesn't once a vehicle or bicycle or person is in the intersection, then safety first. Think about it, just because someone or some vehicle is in the intersection, but you have right of way, doesn't give you carte blanche to just go hit them. Of course, other states may have different interpretations. The OP is in California, no idea what they do. Of course, there'll be more info available to the insurance companies, since they'll know the intersection, and which driver had a stop sign, etc., but the basics of the impact are pretty clear.

 

[KenC]

What is fishy about it? We wanted 100/0 but other side just refuse. The adjustor then offered to go 80/20 split fault. Other side still does not want to settle and take the 80% at fault. When you cannot reach agreement between the insurance company, you go to arbitration. You do know what arbitration is I assume?

Your insurance will "fight", but the win is not guaranteed. you just have to let it play out at that point. Having video footage is always helpful if you are on the right side. If you are on the wrong side, better hide your dash cam.

Oh remember this thread. Man it is a good one. Guy originally is at 15% fault but wanted to pursuit 100% on other side. Went to arbitration and end up taking 100%. life is not fair.

Model 3 accident.. was I at fault? [After arbitration my insurance says yes]

teslamotorsclub.com

Yes, sometimes insurance companies will settle, because settling is less expensive than proving which one was at fault.

 

[jay1122]

Based upon the picture evidence, I don't believe your scenario occurred. If you look at the impact on the Tesla, it's not a 90° t-bone impact. It shows a peeled can effect on the rear door, due to an oblique impact. The impact was slow. One of them was turning.

If you imagine the Tesla turning left in front of the Prius, it's the Prius hitting the turning Tesla on the passenger rear door.

Now, let's imagine the Prius turning in front of the Tesla. Well, the physics don't seem to work. So, it has to be the Tesla turning left in front of an oncoming Prius that probably slowed and hit the Tesla, but at a slow speed. Note, no airbags deployed.

In my state, while right of way matters, it doesn't once a vehicle or bicycle or person is in the intersection, then safety first. Think about it, just because someone or some vehicle is in the intersection, but you have right of way, doesn't give you carte blanche to just go hit them. Of course, other states may have different interpretations. The OP is in California, no idea what they do. Of course, there'll be more info available to the insurance companies, since they'll know the intersection, and which driver had a stop sign, etc., but the basics of the impact are pretty clear.

Unfortunately I can't see the full front side of the toyota. If only the center is damaged, then it likely was 90 degree impact. If the damage is also to the left light, then it involves turning. The peeled door edge is from the tesla moving forward while the toyota's front fascia was stuck inside the seam. See the diagram below. Feels like the toyota is at fault, but I need to see where the stop sign is. Some of my streets have stupid 4 way stop signs. I always think that is super stupid. We often just stare at each other and can't decide who moves first.

 

[SebastienT]

Loos like a side swipe on the picture. If you stayed in your lane, no issue. If you were merging, it’s an illegal/unsafe lane change. I know because I had to accept 100% responsibility for the same thing.

 

[SebastienT]

The Prius hit you in the side. I think the damage makes it obvious what happened.

Not so obvious. If this person was changing lane and cut the Prius off, it’s 100% responsibility on the person changing lanes. Believe me. Had the same thing happen .

 

[ODWms]

I had my dash cam footage save the day when a lady turned right in front of me recently causing a crash. She and her son tried to lie to the cop and say I ran the red light. Cop literally told me there was nothing he could do as it was their word against mine. I showed him the clear-as-day dash cam evidence and he immediately cited her for 3 tickets including giving false information.

 

[ATPMSD]

It may in fact be there, just not on the SD card. If the car detects an accident it can save the video to internal memory instead of the SD card. Insert the SD card and with the car in park open the DashCam console. Look at the top (I believe) and note if there is an entry with a download icon next to it, if there is this in your video. Click on the download icon to download it to your SD card.

 

[stopcrazypp]

It may in fact be there, just not on the SD card. If the car detects an accident it can save the video to internal memory instead of the SD card. Insert the SD card and with the car in park open the DashCam console. Look at the top (I believe) and note if there is an entry with a download icon next to it, if there is this in your video. Click on the download icon to download it to your SD card.

The only download icon I have seen is to download a software update, I have never heard of what you mention and the manual doesn't mention it either. Any references or screenshots to show it?

AFAIK, the dashcam records to the USB drive directly into the RecentClips folder, there is no internal storage of it. Any "save" functionality is simply moving clips from that folder to a different "SavedClips" folder on the same drive.

During a severe crash it might record a clip to the EDR, but AFAIK this is not connected to the dashcam system.

 

[ATPMSD]

The only download icon I have seen is to download a software update,

You have to open the DashCam console, if it is there it will be at the top.

there is no internal storage of it

Disagree, I have in fact done this. In fairness I did this when I owned a Model S, so it may no longer be an option. In any case, my advice is only for the OP to have a look. If it is there, great! If not nothing is lost.

 

[jjrandorin]

You have to open the DashCam console, if it is there it will be at the top.



Disagree, I have in fact done this. In fairness I did this when I owned a Model S, so it may no longer be an option. In any case, my advice is only for the OP to have a look. If it is there, great! If not nothing is lost.

Im pretty sure that model 3s and Ys do not have any internal storage of dashcam.. I believe I have read somewhere there might be a very short clip of the point of impact or something, but even if there is a couple second point of impact, it doesnt help the OP because tesla says they dont store dashcam video.

 

[stopcrazypp]

You have to open the DashCam console, if it is there it will be at the top.



Disagree, I have in fact done this. In fairness I did this when I owned a Model S, so it may no longer be an option. In any case, my advice is only for the OP to have a look. If it is there, great! If not nothing is lost.

Have you ever plugged the drive into a computer? If you have, you would notice there is a RecentClips folder that has a 1 hour loop buffer. The "save clip" action only copies 10 minutes of footage from that folder to a SavedClips folder. At least that is how it works on the Model 3/Y.

 

[ATPMSD]

Have you ever plugged the drive into a computer? If you have, you would notice there is a RecentClips folder that has a 1 hour loop buffer. The "save clip" action only copies 10 minutes of footage from that folder to a SavedClips folder. At least that is how it works on the Model 3/Y.

Is this meant for me? I understand very well how the DashCam system works.

 

[fronesis]

The Prius hit you in the side. I think the damage makes it obvious what happened.

Just want to underscore the truth of this point.

Insurers and police have been determining accident liability for a long long time, prior to the invention of dash cams. In most states one driver or the other is at fault. The other driver can tell whatever story they want, but they can’t just “deny” fault. It’s not a matter of who confesses; it’s a question of what the preponderance of the evidence shows.

As KenC says: that type of accident is almost always the fault of the person doing the hitting, not the one being hit. There are exceptions (you might have pulled out right in front of him, when he had right of way), but if your case isn’t one of those, the fault will lie with the other driver.