Fixing a Mistake in a Signed Accident Affidavit: What Connecticut Drivers Should Know

Short answer: A simple, honest mistake in a signed accident affidavit can usually be corrected without severe consequences if you act promptly, notify your insurer and the court or opposing parties, and file a corrected or explanatory sworn statement. However, knowingly making false statements can have serious civil and criminal consequences under Connecticut law. This page explains typical outcomes, steps to fix errors, and when to get a lawyer. This is educational information only and not legal advice.

What is an accident affidavit?

An accident affidavit is a sworn written statement describing the facts of a motor vehicle collision. It may be used by police, insurers, and courts. Because it is signed under oath, the affidavit should be truthful and complete to the best of your knowledge.

How Connecticut law treats mistakes in sworn statements

Connecticut treats intentional false statements seriously. Making a statement you know is false while under oath can expose you to criminal charges (for example, perjury or false statement offenses) and civil penalties such as sanctions or damage to your credibility in litigation. Conversely, honest mistakes — lapses in memory, typographical errors, wrong dates or times, or misremembered details — are common and usually remedied by correction or clarification.

For the text of Connecticut statutes and criminal offenses generally, consult the Connecticut General Assembly website: https://www.cga.ct.gov/current/.

Possible consequences of a mistake

• No serious consequence if corrected: Minor errors (misspelled name, small time discrepancy, wrong street number) that are promptly corrected and explained rarely produce severe results.
• Credibility issues in court: In litigation, contradictions between your affidavit and later testimony can undermine your credibility. Courts and juries weigh inconsistencies when assessing witness reliability.
• Insurance claim impact: Insurers investigate statements. A corrected honest mistake is often acceptable, but material falsehoods (e.g., fabricated injuries or staged accidents) can justify claim denial or referral for fraud investigation.
• Civil or criminal risk for intentional falsehoods: Knowingly making or signing a false affidavit can lead to criminal charges (perjury/false statement), civil judgments, or sanctions by a court.

What to do right away if you discover a mistake

Take these steps as soon as you realize there is an error:

1. Do not alter the original affidavit yourself. Cross-outs and hand-written changes can create more problems. Instead prepare a new sworn statement or an affidavit of correction.
2. Contact your insurer and the claims adjuster. Tell them you found an error and will provide a corrected sworn statement. Be factual and concise.
3. Prepare a corrected affidavit or affidavit of correction. Draft a new sworn statement that identifies the original affidavit (date, title, and where it was filed) and clearly explains each error and the correct information. Sign and have it notarized if required.
4. If the affidavit was filed in a court case, notify the court and other parties. File the corrected affidavit according to court procedure (often by filing a motion to file an amended affidavit or by stipulation). In Connecticut civil cases, court rules govern filing amended pleadings and affidavits; check the local superior court practice rules or consult an attorney or the clerk.
5. Preserve evidence. Keep any documents, photos, or communications that support why the initial mistake happened (e.g., hurried completion at scene, confusion about names) and the correct facts.
6. Get legal advice if you worry the mistake looks intentional. If there is any risk you could be accused of lying, speak with a Connecticut attorney experienced in civil litigation or criminal defense before making further sworn statements.

How to draft a corrected affidavit (practical tips)

• Start by identifying the original affidavit (date and title) and state you are submitting a correction.
• List each incorrect item separately: quote the incorrect wording and then provide the corrected wording along with a short explanation (e.g., “I mistakenly wrote 4:30 p.m.; the correct time is 3:30 p.m. I misread the traffic signal log at the scene.”).
• Avoid adding new disputed facts that could create further conflict. Stick to clarifying or correcting the prior sworn statement.
• Sign the new affidavit under oath and have it notarized if required. If the previous affidavit was sworn to a police report, check the agency’s process for corrections.

Hypothetical examples

Example 1 — Minor factual error: You signed an accident affidavit and accidentally transposed the house number of the intersection. You notify the insurer, prepare an affidavit of correction stating the exact error and the correct address, notarize it, and file it with the court or provide it to the insurer. Result: corrected, no serious consequences.

Example 2 — Memory-based change: Your original affidavit said you were stopped when the other driver hit you, but later you recall you were creeping forward. You notify the parties, file a corrected affidavit explaining the memory lapse and why you corrected it, and be prepared to explain the difference at deposition or trial. Result: potential credibility questions but usually resolved by explanation and supporting evidence (photos, witness statements).

Example 3 — Material falsehood later discovered: You signed an affidavit claiming injuries or facts you now know are untrue. Because this is a material misrepresentation, the insurer or opposing counsel could investigate, seek sanctions, or refer criminally. You should contact a lawyer immediately. Result: higher risk of claim denial and legal exposure.

When to consult an attorney

Talk with a Connecticut attorney if any of the following apply:

• The mistake is material to liability or damages (who was at fault, the nature or extent of injuries).
• You are facing or expect a criminal referral for false statements or fraud.
• A court case is pending and the inconsistent statements may affect your defense or exposure to sanctions.
• An insurer threatens to deny or rescind coverage because of a statement in your affidavit.

Helpful resources

• Connecticut General Assembly (statutes and laws): https://www.cga.ct.gov/current/
• Connecticut Judicial Branch (court locations, filing procedures, practice rules): https://www.jud.ct.gov/
• Contact your insurance company’s claims department for their specific correction procedures.

Helpful Hints

• Act quickly. Prompt correction reduces the chance an error becomes a disputed issue later.
• Be transparent. Admitting an honest mistake is better than leaving a contradiction unexplained.
• Document your actions. Save emails, letters, and proof you submitted a corrected affidavit.
• Don’t guess. If you’re unsure about a fact, say so (“I do not recall exactly”) rather than inventing details.
• If in doubt, consult a Connecticut lawyer before signing any additional sworn statement.

Disclaimer: This article provides general information about handling errors in accident affidavits under Connecticut law. It is not legal advice. For advice about a specific situation, contact a licensed Connecticut attorney.