What Are the Illinois Dash Cam Laws
Generally, it is legal to record from a dashboard camera (or "dash cam") in Illinois, as long as the installation and use adhere to certain limits based on common sense. For example, you can’t use a dash camera in a way that would intentionally obstruct your view or to record someone with a reasonable expectation of privacy, such as in a bathroom. With that said, the majority of dash cam installation and use passes legal muster in Illinois. However, there are some important caveats to keep in mind. In addition to ensuring compliance with Illinois laws, you should also check any HOA or similar neighborhood restrictions on dash cams, as well as your car insurance policies, which sometimes contain restrictions on dash cam use. There is no official law related to dashboard cameras per se . Instead, the legality of dash cams in Illinois is determined by various provisions of the state’s criminal law statutes. That said, the most significant law that deters the illegal use of dash cams in Illinois is the "Eavesdropping Act," which prohibits anyone from recording "private conversations" without "consent" from the parties involved. The "areas" in which this law is applicable include, but are not limited to: Though there are exceptions to this statute, the general rule provided in the statute and interpreted by the courts is that when you record normal public events from a dashboard camera, you do not need consent from others. The removal of this requirement is commonly granted based on the logic that people can’t expect a reasonable expectation of privacy when they’re out in the open, talking in a public space, and/or engaged in a public activity.
Recording Laws and Privacy Issues
Most people, when considering thoughts on the legality of Illinois dash cams in Chillicothe and elsewhere in Illinois, are concerned whether their use violates any privacy legislation. Recording law issues come up in two areas:
• Sound recording
• Video recording
Sound:
Illinois is a two party consent state – an audio recording may be illegal if one party does not consent to the recording. It is an exception HOWEVER if the recording is being done for the purpose of gathering evidence against the person being recorded. A driver using a camera to gather proof of erratic driving by another motorist is legal, because the other driver is on notice that his driving is erratic. On-the-road recording is similar to any private conversation taking place in a public place.
Video:
There are no special laws regarding video recording on public highways. This means that video recordings of traffic stops or other vehicle encounters with law enforcement are legal, regardless of consent. Dash camera use after the road encounter is over is best done with consideration of privacy expectations of the occupants of the vehicle.
Privacy concerns should not generally be an impediment to the recording. The balance between one’s right to privacy and the protection of the rights of the public should be considered. Illinois courts have weighed heavily in favor of the public for the application of the First and Fourth Amendments.
Using Dash Cam Footage in Illinois Court Proceedings
In Illinois, the admissibility and weight given to a dash cam recording will largely depend on the case at hand. These recordings are generally accepted as evidence in accident-related cases unless there is a compelling reason to exclude it (e.g. recording in violation of wiretapping laws). Regarding traffic and car accidents, Illinois courts have accepted dash cam footage in the following scenarios:
As with any type of evidence, the use of dash cam footage in Illinois courtrooms is contingent upon establishing authenticity and relevance to the facts of the case. Some of the issues that may impact admissibility include: the potential for "cockpit bias," in which the driver feels compelled to respond to the recording to seem more in control; the absence of a clear marking of the time stamp; difficulty in performing a side-by-side comparison to identify changes over time; and the potential use of non-standard methods to review the recording.
Can a Dash Cam Lower My Insurance Premiums?
As vehicle safety continues to be a priority for many, Illinois drivers are increasingly turning to dash cams to protect themselves on the road. While their use can prove invaluable in some cases, they may also advance a driver’s cause when it comes to settling insurance claims and can even lead to premium discounts.
First, by installing a dash cam, an Illinois vehicle owner is provided with the capability of recording what occurs in front of and within their vehicle. Dash cam footage can be used as evidence in numerous circumstances; the most common involving automobile accidents. When an accident takes place, the at-fault party is required to compensate the other driver for his or her injuries, property damages and even any pain and suffering they may have experienced as a result of the incident. Determining which driver is at fault can be extremely difficult and insurance companies will often go back and forth in an effort to determine the fault. In the event that no determination can be made, the at-fault driver may ultimately end up in litigation .
When it comes to negotiating with an insurer, footage from a dash cam can often prove incredibly useful. Evidence of the events leading up to the crash can help to paint a clear picture of exactly how the accident occurred, and therefore, who is at fault. It is essential to note, however, that if you’ve been involved in a car accident in Illinois, you should always report the incident to your insurance company and also reach out to an experienced automobile accident attorney to discuss your case.
Not only can possessing footage from a dash cam assist in settling an insurance claim, it can also result in premium discounts. While not all insurance companies offer this benefit, some may opt to reduce your premiums if you have a dash cam installed. The reasoning behind this is that within Illinois, driving records are considered public information that insurers use to determine an individual’s risk of filing a claim. If you’re a safe driver who proves to be responsible behind the wheel, insurers will likely see you as a reduced risk and offer you a discount.
Choosing and Installing Your Car’s Dash Cam
Understanding the basics of good dash cam selection is important for any Illinois driver who wants a great image and to stay compliant with Illinois law.
My first tip is to know your budget. Dash cams can range from around $30 to several hundred dollars. Higher end models will typically have more options but that doesn’t mean it is right for you. For example, maybe you just want to record if you are in an accident but do not plan on using recording for other matters, so why get the top of the line model?
Seriously think about how you are going to use the dash cam. Do you want a model that is voice activated? That turns on when it senses impact? Do you plan to use the rear camera to see behind you to assist while driving? If so you want to make sure you are getting one that has all of those features. Many big-box stores will regularly offer deals so you can often times get a $200 dash cam on sale for $75 or so.
As for install, most internal models are easy to set up. The major pain is securing the cords along the windshield. I recommend doing this with black tape or velcro strips. However, the most important thing for installation is to make sure the cameras are not blocking your view of your windshield as this is illegal in Illinois and in most states. If they are blocking your view, that is something that likely needs to be reported to police.
External mounts are often difficult to install and regularly require people to hire a professional to do it. However, I recommend against using external dash cams because owner’s often do not know the legality of having them and because they have a high likelihood of getting damaged by another vehicle while driving or parked.
FAQs on Illinois Dash Cam Law
Am I required to have a dash cam in my car in Illinois?
No. Illinois does not require all drivers to have a dash cam in their vehicle. However, they may be beneficial.
Can I use a dash cam that gets rid of some or all audio?
Yes , you can use a dash cam that doesn’t record audio.
Do I have to post a sign in my car if I have a dash cam?
Only if your dash cam has live streaming capabilities.
Am I allowed to show footage of a vehicle crash on TV or social media?
Not without permission from those involved.
Will installing dash cams on my fleet vehicles cut down on insurance payments if I am in an accident?
They might not get you out of an accident, but they could help you prove it was not your fault.