CAUGHT ON CAMERA: HOW DASHCAM AND SURVEILLANCE FOOTAGE CAN STRENGTHEN YOUR CTP CLAIM IN NSW

WHAT IS THE ROLE OF VIDEO EVIDENCE IN A CTP CLAIM?

The NSW CTP scheme is designed to support people injured in motor accidents with access to treatment, care, income support, and lump sum compensation. But to access certain entitlements, particularly for statutory benefits beyond 12 months and lump sum compensation, you need to prove who was at fault for the accident. That’s where dashcam or surveillance footage can be invaluable. Video footage can:

• Corroborate your version of events.
• Identify the at-fault vehicle in a hit and run circumstance.
• Refute false, contradictory or incorrect witness statements.
• Demonstrate the severity or mechanism of accident and injuries.
• Show road conditions, weather, speed, and traffic behaviour.

In some cases, video footage has made the difference between a denied claim and a full award of compensation.

HOW DASHCAM FOOTAGE HELPS IN NSW CTP CLAIMS

Dashcams are becoming more common in vehicles across NSW. If you or another person had one running during the crash, the recording could capture:

• The moment of impact, including which vehicle failed to give way or breached the road rules.
• The movements of pedestrians, cyclists or other vehicles before the crash.
• The weather and lighting conditions that may have contributed to the accident.
• The existence of any witnesses or other vehicles who left the scene before Police of Ambulance arrived.
• For cyclists, helmet-mounted or bike-mounted cameras often offer a unique perspective that would otherwise be unavailable to investigators.

Video footage can also help overcome situations where the other driver gives a conflicting version of events. Rather than relying solely on verbal accounts, insurers and lawyers can refer to a visual record.

WHAT ABOUT STREET OR PRIVATE CCTV?

In many NSW suburbs, private homes and businesses have CCTV cameras monitoring driveways, car parks, and the exterior of their premises. This footage can sometimes be accessed if:

• You request it personally to provide it to your insurance company as you were injured in the accident.
• The Police request it as part of their investigation into the accident circumstances.
• A lawyer requests on your behalf.
• A subpoena is issued for the footage (if litigation becomes necessary).

It is important to remember that time is of the essence when it comes to securing surveillance.  CCTV footage and dashcam footage is often deleted within days or weeks. If you’ve been in an accident, it’s critical to act quickly. If you’re unable to undertake such a request yourself due to your injuries, speak with a personal injury lawyer who can issue preservation requests or seek footage before it’s lost.

CAN VIDEO FOOTAGE BE USED AGAINST YOU?

While video evidence can be an asset, it can also work against you. In cases where a person is seriously injured and has no memory of the crash, dashcam or CCTV footage may provide the only clear account of what occurred, and it may reveal that they were at fault. For example, footage might show a cyclist entering an intersection against a red light, or a pedestrian stepping out from between parked cars without looking. In these circumstances, even if the injuries are severe, liability may rest with the injured person, reducing or excluding entitlements to compensation.

Having early access to footage is critical, not just to support your claim, but to understand your legal position realistically. At Advantage Legal, we understand that video footage doesn’t always tell the full story. We protect our clients from misinterpretation by insurers and help prepare accurate, evidence-based rebuttals.

HOW WE USE VIDEO FOOTAGE TO HELP CLIENTS

When acting for injured clients across NSW, we routinely:

• Review dashcam or CCTV footage to build a timeline of events.
• Work with accident reconstruction experts (if needed).
• Identify inconsistencies in the allegations of insurers or witnesses.
• Seek expert opinions from barristers who specialise in contentious motor accident injury claims.

Where available, video footage enables us to deliver timely, strategic advice about liability and your entitlement to statutory benefits and lump sum compensation.

WHAT IF THERE’S NO VIDEO FOOTAGE AVAILABLE?

Not every claim has access to video footage. That doesn’t mean your case will fail. We will obtain:

• Witness statements.
• Police reports.
• Medical documentation.
• Photographs from the scene.
• Your own account of the accident.

If you suspect there may be footage available, even from nearby businesses or a rideshare vehicle, it’s essential to speak with a lawyer quickly so steps can be taken to preserve the evidence.

USE TECHNOLOGY TO YOUR ADVANTAGE

Dashcams and surveillance footage have changed the landscape of CTP claims in NSW. When used correctly and sensitively, they can support your right to treatment, home care, income support and lump sum compensation.

If you’ve been injured in a motor vehicle accident, whether as a cyclist, driver, pedestrian, or passenger, don’t wait! Our legal team can help you secure and interpret video footage and guide you through every step of your claim.