Video Evidence – What It Is and Isn't
The ability to upload and submit video evidence has been widely applauded by our membership, as it eliminates the need to schedule a date and time for a video conference to show the video to the arbitrator.
In a few cases, however, we have seen non-video evidence submitted as video evidence. Some recent examples include a video of an audio cassette player playing a recorded statement and a video playing a voice message left by an insured.
To clarify, examples of appropriate video evidence include the following:
- Dash-cam video of an accident
- Security video showing an accident
- Video of an accident scene.
In short, video evidence is something for the arbitrator to watch, not listen to.
In the case of evidence that is truly audio evidence (such as recorded statements or audio recordings), AF requires the written transcript of the recording be provided as evidence for the arbitrator to read. These items are not acceptable as video evidence and will not be considered by the arbitrator.
Article published in: August 2020 E-Bulletin