If I'm being tailgated, can I ask my passenger to videotape the incident?

I often like to carry my video camera with me in my car, in case of occurences like these. It would be awfully difficult to dispute actual video evidence wouldn't it?

If I catch a tailgater on tape, and copy down their license plate number, can I file a civil action against the other driver?

Another thing which I like to do if i'm being tailgated is to move my rear-view mirror (temporarily of course) so that the back of my car is no longer visible from the driver's seat. The driver behind me can clearly see me doing this and knows I'm doing it just to ignore him. (I say "him" because I've found that 95% of all tailgaters are men).

Note: I will move aside for tailgaters, but only if I'm in the passing lane. Otherwise they have no right to tailgate or force me to speed up (as long as I'm driving within 5 mph of the posted speed limit)

To the 2nd responder: I'm not after money here.

To the 3rd responder: Like I told the 2nd responder, I'm not being litigious or trying to sue. I don't really care whether the tailgater receives a fine or conviction. To me, getting some kind of a warning in the mail would be punishment enough for them.

As long as your statements are true, and you have the evidence to back up your complaint, I guess you could sue. There does have to be a violation of an existing civil law however, and I'm not sure if a statute regarding harrassment by tailgaiting exists, although I'm not arguing against it - I hate that! People are so stupid....you could, however, file a police report if you can find that there is traffic law that prohibits tailgaiting (unsafe driving, the likely description). They would likely let the guy know he was being complained on, and while conviction is unlikely, maybe he would at least think before he drove like a jerk. Good luck!

Yes, all you should need is the plate number but a tape would be helpful if it became a "your word against his" situation. And actually there is something you can do even if he doesn't hit you because it's still endangerment, it'll probably just be a slap on the wrist but it's still an affective deterent.

Yeah, we cant do that in america its called spying . (cant use it in court) seems like you want money so here we go...Im a Mass-hole so if Im in the granny lane and someone is doing that to me I do a break check real quick if they hit me my neck hurts and they owe me a new car. :-)

uh sorry but i dont think you can do anything unless they actually hit your car