Most smart phones have some sort of voice memo or voice recorder app pre installed. If you’re not in a state that requires the permission of everyone to make recordings, start it up and let it go as soon as you’ve called 911.
Are dash cams legal in all states? I live in Maryland and I know it’s a two-party consent state for audio recordings. There was a big kerfuffle a couple of years ago with a man who was charged with four felonies under that wiretapping statute for video/audio recording a traffic stop with a helmet cam in Harford County (Anthony Graber). Those charges were eventually dropped but I’m not really clear on what the law is.
IANAL etc. The research I’ve done indicates that public video recording is legal in all states. The main problems are states that try to stretch wiretap laws to cover public audio recording.
I’ve also found a few reported instances where the camera was cited as a visual obstruction on the windshield. Apparently anything except the rear view mirror is prohibited in those locations.
Wiretap laws, even in Maryland, only count when people believe they have a reasonable expectation of privacy. Out on a roadside there is no such expectation.
On the street, in a parking lot, on the sidewalk I am allowed to stick my camera in anyone’s face and record at will. I am not allowed to peek through a window, climb a tree or enter private property* (some exceptions here).
But for all the purposes one would have in the real world in the US you are free to record at will. You might run into different answers on government property & military bases.
That’s the theory, but all too often it takes lawyers, time, and money to make the point.
Maryland is one of the worst offenders. Just Google ‘police recording wiretap’. I won’t link to all of the results, but MD is on the forefront.
Maryland Police Confiscate Biker’s Computers After He Catches Questionable Activity On Helmet Cam
ETA: I lied. One link.
Yeah but MSP lost that one, badly. The judge clearly sided with the motorcyclist.
I attended a meeting with the attorney for the National Press Photographers Association and the DC Police last year. In it there were numerous examples of police / videography run ins, and in every occasion police were proven wrong and lawsuit awards were granted.
Like many things some folks are slow to learn, but this one is becoming pretty obvious even to the authorities.
Still have to invest the lawyers, time, and money. Then it still basically comes down to a roll of the dice as to which judge you get. If it goes against you, then you have to decide whether to spend more time and money to appeal it up the line. Eventually you’ll probably get to a level where you’ll win, but you still have to make the investment up front.
There are so many liars out there now where it comes to driving. Just one accident that isnt forced to go 50/50 because some liar decides that he doesnt want to payfor an accident that they caused (With no witness or even a witness that magically appears on their behalf) will be well worth it. And especially with all the insurance scams going around lately with people intentionally causing accidents (Such as overtaking then immediately slamming on the brakes) rear diver would be considered at fault without any witnesses or evidence and another scumbag would get away with it…
From your description it sounds like the evidence is in your favor. There should be physical evidence that the other driver’s car had hit things before it hit yours.
Did you or the police get the contact information from any independent witnesses? Someone may have seen the accident, or may have heard the other driver admit fault.
Well, it took a few weeks, but her insurance covered my loss.
She did admit fault to the police that night, but changed her story the next day saying the wreck was my fault. It took a week or ten days to sort that out. She was found to be responsible and her insurance offered to pay. Overall, the process took about a month from beginning to end.
I got $12,000 for my car (which was slightly generous- I was expecting about $10,000) and $4,000 for my trouble. They also gave me a couple hundred to cover the doctor and bought me some new glasses and a new cell phone, both of which were damaged bouncing around in the car.
I used the money to buy a newer model of my old, wrecked car.
I had a 2008 and bought a certified pre-owned 2012. Ultimately, the wreck caused me to spend a couple thousand more in car payments that I hadn’t planned on. On the other hand, I got a much nicer car than the one I used to have and they paid the bulk of that, so I’m OK with it.
I haven’t had a wreck or a ticket in over 25 years.
Tips for next time: take pictures (most folks have cell phones) and get witness information.
Make that two weeks! 
Will there be some sort of additional penalty against her for the lying attempt to steal from you? Something sufficiently harsh to serve as a deterrent, so people will stop thinking they might as well try to lie about this sort of thing?
I have a Dash cam that can take a movie to the front and rear. It also has GPS and shows the speed and location on google maps.
I’m still more than happy with my little cashcam, its 1080p, although 720p is MORE than enough for quality, I watched a drive home on it yesterday plugged into the tv, could see everything crystal clear!
fitted in my T5 now of course seeing as the bmw is gone.
I use one of these.
I had this mini dashcam, very compact.
http://www.szswill.com/car-camera-hd/car-dash-camera-d310.html
How much was that?