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Accident with neighbor; can I videotape him?

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mailibu

Junior Member
What is the name of your state? Tennessee

Wife got into an accident with a neighbor who happens to be uninsured.
We live in the country and the neighbor came around a blind curve on the wrong side of the road and hit my wife; nothing major but considerable damage to bumper.
He apologized and claimed responsiblity but ovbiously didn't want the cops involved. When the cops showed up the kid lied through his teeth blaming the accident on my wife.

Question is: Can I videotape this kid admiting he lied about the accident if I'm in my truck while on a public street talking to him?

Thanks.What is the name of your state?
 


ecmst12

Senior Member
What good is videotaping him going to do you? If he's uninsured, then either report it to your insurance company and use your collision coverage if you have it, or sue him in small claims court for the damages.
 

mailibu

Junior Member
I want to video him for two reasons.

1. My wife was in our older car and we dropped the collision on the insurance therefore if no fault is found we will pay out of pocket for the damages. I want proof so that he will pay for the damages.

2. I want this kid charged with lying to the police.
 

ecmst12

Senior Member
You don't get to decide that, and it's not really a crime anyway. Sue him for the damages. All you have to do is prove that he was at fault for the accident.
 

mailibu

Junior Member
Yes, I think there's a good chance if I'm "driving by" when he's going out to his car and I ask him why he lied to the police after getting into an accident with a woman. You know, challenge his manhood kind of thing. This family is very ill tempered.
The question is though, is it legal for me to videotape our conversation without his knowledge while on a public street. I don't want to be charged with something for trying to get back at this kid.
 

mailibu

Junior Member
How can I prove he was at fault without him admitting it? It's a he said/she said. It was lightly raining so there are no skid marks. All I have is the damage to the two cars; my wife of the front left bumper and the neighbors on his driver side just past the driver door from where he sort of fish tailed his side right into her.
But how can I prove this?
 

jballidis

Junior Member
Video him

You can and should video him admitting he lied. It will be admissible and further evidence but the advice was correct, bring a small claims action or just get him to pay the damages. No prosecution criminally will likely arise.
 

mailibu

Junior Member
Good news. I picked up the police report this afternoon and it indicates that the neighbors car was left of center when the collision occured therefore my insurance co. should go after him for payment.
The neighbor was charged for driving without insurance; I believe this is his second citation for this. Since he was involved in an accident w/o insurance what will happen to him? Slap on the wrist or could he lose his license?
 

ecmst12

Senior Member
Do you have uninsured motorist property damage coverage on your policy? If not, then your insurance company will NOT go after him for payment, you will have to do it yourself. The good news is, with the police report, you won't have much trouble winning the case. Well, you can't use the report in court, but you can have the police officer testify about the position the cars were in when he arrived at the scene, and that will pretty much prove your case. The bad news is, you may have a hard time getting him to PAY the judgement.
 

mailibu

Junior Member
I'm pretty sure I have uninsured motorist but will confirm tomorrow.
As for the accident report - could I not use that in small claims court? Or would I need the officer?
 

jballidis

Junior Member
using your insurance

Typica;lly uninsured motorist coverage only applies to bodily injury. You must have collision coverage or uninsured motorist property damage coverage. Check your policy.
 

Zigner

Senior Member, Non-Attorney
jballidis -

Please remove your contact information from your signature - it is against the tos.
Thank you.
 

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