What Is the Downside of a Dashcam?

By Yosi Yahoudai Founder and Managing Partner

November 19, 2025

Car Accidents

Dashcams are everywhere now! They offer many drivers a sense of security, but they’re not a perfect evidentiary solution. We hear from clients all the time who ask: “If I record everything, am I covered?” The short answer: maybe. It depends on how you use it, where you live, and what you do after the crash. 

Here’s a breakdown of key risks and how they factor into accidents, claims, and legal recovery. 

Dashcam Popularity & Market Growth

Dashcams have become a mainstream part of American driving. Recent industry reports estimate the North American dashcam market at over $1.6 billion, with the U.S. accounting for most of that growth. Surveys show that roughly 16% of U.S. drivers now use a dashcam, and about one in five owners say they’ve used their footage in an insurance claim or legal dispute.  

Dashcams are becoming more common, but they’re still far from universal. Many drivers still don’t record their trips, and even when they do, the footage is only as strong as the setup behind it. 

What Privacy Concerns Come with a Dashcam?

Dashcams record more than just the road ahead. Some models pick up interior audio. Others upload footage to the cloud. And that raises legal and ethical issues. For example: 

• If you’re recording passengers without consent in a two-party or all-party consent state, you could face legal hurdles.  

• Uploading to the cloud means your data could be breached or subpoenaed. 

• Clear footage can be used against you if it shows your own error or distraction. 

Can Dashcam Footage Hurt Your Case Instead of Helping?

Yes. While strong video can aid your claim, it can also show things you’d rather not have exposed, like a redlight run, distracted driving, or even a car defect you ignored.  

If your dashcam was placed improperly, obstructed your view, or produced footage that looks tampered with, it might be excluded or used against you.  

“Dashcams are double-edged swords,” explains Stephen Lockard, Litigation Attorney at J&Y Law. “I’ve seen footage help clients get six-figure settlements, and I’ve seen it used by insurance adjusters to poke holes in a claim. The camera doesn’t lie, but it also doesn’t necessarily protect your narrative.” 

What Are the Hidden Costs of Owning a Dashcam?

• Quality dashcams (GPS, high-resolution, parking mode) can cost hundreds of dollars. 

• Ongoing costs: microSD cards, cloud subscriptions, firmware updates. 

• Hardwiring installation may jeopardize your vehicle’s warranty, according to US News & World Report. 

These costs add up. When a crash happens, you don’t want your budget or setup hindering your recovery. 

How Do Storage, Data Management & Device Limitations Affect Performance?

• High definition footage consumes a lot of memory and may loop over old clips, meaning you could lose critical moments.  

• Most single-lens dashcams only capture the front view. Side impact or rear collisions may not be recorded at all. 

• Lowlight or glare can degrade footage quality, making license plates unreadable or details unclear. 

Proper Mounting Matters More Than People Realize

It’s important to understand how placement affects both safety and legal credibility. The best spot is typically high on the windshield, just below or beside the rearview mirror, where the camera can see the road clearly without blocking the driver’s view. A dashcam mounted too low or too close to the driver can be considered an obstruction. If the opposing side argues that your camera blocked your line of sight, that can create liability you don’t want. 

Before installing, clean the glass so the mount holds firmly and doesn’t slip or rotate over time. Wires should be tucked behind the headliner or A-pillar, never dangling in view or interfering with airbags. After mounting, drivers should take a short test drive and review the footage to make sure the angle captures license plates, lane lines, and low-light conditions effectively. 

Could Mounting a Dashcam Cause Distraction or Obstruction?

Yes, and that’s a legal risk. Improper placement (blocking the driver’s view) or diverting your attention to check the camera can create liability.  

If you’re in an accident and the opposing side shows your dashcam was obstructing your view, you could be in trouble. 

What About Self-Incrimination or Data Security?

• Dashcam footage may capture your own missteps: speeding, phone use, impaired driving. That footage could be used against you in court or an insurance claim.  

• If your footage is tampered with, edited, or mishandled, insurers may argue it’s unreliable. You could lose key evidence. 

• Data stored in the cloud may be subject to subpoenas or privacy breaches. 

Is Having a Dashcam Always Better Than Not Having One?

It depends on how you use it and the care you take afterward. Properly used, a dashcam can be powerful. But if you ignore consent laws, data storage, mounting, or footage handling, it might complicate your claim instead of helping. 

“The dashcam doesn’t win your case,” says Lockard. “How you preserve, handle, and frame the footage does. Treat it as evidence at a crime scene. In personal injury law, that’s essentially what it is.” 

What Should You Do After a Crash When You Have Dashcam Footage?

1. Preserve the footage immediately. Download or back it up so it isn’t overwritten. 
2. Don’t post it publicly or edit it because that could raise questions about authenticity.
3. Consult a personal injury attorney before handing it to insurance or law enforcement. 
4. Maintain metadata (time, date, GPS) so your footage remains credible. 
5. Understand your state’s privacy laws regarding audio or video recording so you don’t jeopardize evidence or your position. 

How J&Y Law Helps with Crashes Involving Dashcam Footage

At J&Y Law, we’ve worked with numerous clients whose dashcams played a role in their case. We know how insurers may try to dismiss footage or use it against you. Let us handle the strategy while you focus on healing. 

With over 10,000 injury cases handled and a 98% success rate, our team knows how to interpret the footage, gather supporting data, and fight for your full recovery. 

Call (877) 735-7035 for a free, no obligation consultation. Don’t let your dashcam be your only plan!