zenithblue993

I have a question about recording audio after a car accident situation. Like the laws against it and for it.

Please message me if possible if you can help. Thanks!

Foxman

Google it. Twelve states including FL require consent, or at least prior notification that they're being taped, in order to use this evidence in Court. http://criminal-law.freeadvice.com/c...tious_tape.htm

zenithblue993

I did google it and found similar information. But i found a clause that you can record with out constant if in a public place. So my question would be more on the basic what's considered public places.

"Florida law makes an exception for in-person communications when the parties do not have a reasonable expectation of privacy in the conversation, such as when they are engaged in conversation in a public place where they might reasonably be overheard. If you are operating in Florida, you may record these kinds of in-person conversations without breaking the law. "

http://www.dmlp.org/legal-guide/florida-recording-law

AOW162435

Is this about the dirtball with the trailer?



Andreas

zenithblue993

hahaa. No. This post is for my brother.

But my car is getting all takin care of, still don't have it because the rocker panel they ordered from germany that took 2 week was the wrong one. So they had to reorder it.... I'll be back in my 993 hopefully in the next 3 weeks.

therossinator

I'm curious how this relates to dash cams as well. Surely those can't be dismissed in court.

espanolie

interesting conversation.

for something related, a still picture, digital is not admissible in court because it can be altered, right? so the best choice is to have a disposable camera and shoot to your hearts content?

therossinator

I think insurance companies may have different standards when it comes to photos from the scene of a crash. I think it would be unusual for courts to get involved if both parties have appropriate insurance,

tonypai

Generally speaking anything out in public without an "expectation of privacy" can be videotaped or photographed. It gets trickier when it comes to audio, you can run afoul of wiretapping laws. Check with local laws. (Sorry, not licensed in FL).

Video and photos are trial would be considered as "hearsay evidence" which can be brought in as evidence if the proper foundation is laid or as one of the many exceptions to the hearsay rule. Again, this will differ by location and court.

zenithblue993

Thanks for the replies. We will not go to court, we are letting the insurance company battle it out. Just trying to help my brothers case, since they are claiming a lot of things on his insurance that didn't happen.. (no police report) just police exchange of info.

I guess my question was, is it legal to let the insurance adjuster, (who decides who wins in the case) hear the recording or should i just let things play the course. I don't want to get sued now.

tonypai

Don't rule out court so readily, it's there to help you.
Don't let the insurance company call all the shots, they are definitely not there to help you.

My guess.....the act in question is the actual recording, which is already done. Consent is required but if the conversation was not private, in a public place, then consent is not required. (Audio recording a phone call without consent = bad, audio recording at a Dolphins game with a large and obvious recording device = probably ok.)

Letting the insurance adjuster hear the recording......? Might be to your advantage, depends on the situation, you'll have to ask a local attorney.

zenithblue993

Haha ya i see the difference between private and at a dolphins game. Thanks for the info.

nine9six

Photo taking, video recording, audio recording, wiretapping, unauthorized surveillance, eavesdropping...If its good enough for your government; its good enough for its citizens!
(Tongue in cheek)

AZ Targa

^^ Not good legal advice.
It's determined by an expectation of privacy, as you already found out. The question is would a reasonable person in his/her shoes have expected his/hers conversation to be recorded. According to Florida Law it depends heavily on the location and the mindset of the recorder.