Short answer

If you discover a mistake in an accident affidavit you signed in Maine, the consequences depend on whether the error was an innocent clerical mistake or a knowing, material falsehood. Minor mistakes can usually be corrected by notifying your insurer, the other party, and the law enforcement agency that took the report and by signing an amended affidavit or an affidavit of correction. Knowingly making false statements under oath can expose you to criminal charges (false swearing or perjury), civil claim problems, and insurance-denial issues. Because the stakes vary, act quickly and consider legal advice.

Detailed answer

This section explains how Maine law treats mistakes in signed accident affidavits, the practical effects on insurance and civil cases, and the steps you should take to correct errors.

1. What an “accident affidavit” is

An accident affidavit is a sworn written statement describing the facts of a crash, often signed in the presence of a notary or given to the police or an insurer. It is different from an informal note: when you sign an affidavit you are swearing to the truth of the statements. Because it is sworn, inaccurate statements can have legal consequences.

2. Types of mistakes and their likely consequences

• Clerical or minor factual errors: Examples include a typed transposition of a street number, a misspelled name, or the wrong time by a few minutes. These usually have no criminal consequences if corrected promptly. They may, however, cause temporary confusion in an insurance claim or police report until corrected.
• Material but innocent mistakes: If you gave a wrong account because you honestly misremembered what happened (for example, who had a turn signal on), you generally will not face criminal charges for false swearing — provided you did not know the statement was false when you signed it. The mistake can still affect fault assignments in insurance and civil cases.
• Knowingly false or reckless statements: If you intentionally lie or sign a statement you know is untrue, Maine law can treat that as a crime (false swearing or perjury). Criminal exposure, plus civil penalties (for example, insurance fraud or losing credibility in court), are real risks.

3. Criminal law issues in Maine

Maine’s criminal statutes address false statements, perjury, and related offenses. Making a materially false sworn statement can expose you to criminal liability. For general access to Maine’s criminal statutes, see the Maine Legislature’s statutes page: https://www.mainelegislature.org/legis/statutes/. For laws dealing with motor vehicle operation, reporting, and obligations after a crash, see Title 29-A (Motor Vehicles): https://www.mainelegislature.org/legis/statutes/29-A/title29-A.htm. For Maine criminal law provisions you may also review Title 17-A (Crimes): https://www.mainelegislature.org/legis/statutes/17-A/title17-A.htm.

4. Insurance and civil consequences

An incorrect affidavit can affect your insurance claim and any later civil lawsuit in several ways:

• Insurers may investigate inconsistencies and, depending on severity, could deny coverage for claims based on misrepresentation.
• In a civil case, your credibility is important. Material contradictions between an affidavit and later testimony can be used by the other side to attack your trustworthiness and can harm your case.
• If the mistake helped you gain an advantage (for example, hiding your fault), an insurer or the other party may assert fraud.

5. How to fix a mistake — practical steps

Take these steps promptly after discovering the mistake:

1. Assess whether the mistake is material. If the error changes who was at fault or a key fact, treat it as material.
2. Contact your insurer immediately. Tell them what happened and offer to provide a corrected affidavit or written clarification. Insurers expect updates and are often willing to accept corrections if you act quickly and honestly.
3. Contact the law enforcement agency that filed the original crash report. Ask whether they will note a correction or attach your corrected affidavit to the official file. Police departments often maintain a crash report and may accept a supplemental statement.
4. Prepare a corrected statement or affidavit. Work with the insurer, law enforcement, or an attorney to draft an “affidavit of correction” or an amended sworn statement. Sign it in the presence of a notary if required. Be explicit: identify the original document, state what was wrong, and provide the corrected facts.
5. Preserve evidence and contemporaneous records. Keep photos, repair estimates, medical records, and any communications that support the corrected version of events.
6. Consider notifying the other involved parties. If appropriate, send the corrected affidavit to the other driver’s insurer or attorney. Transparent communication reduces disputes later.
7. Consult an attorney if the mistake is material or if anyone accuses you of lying. A lawyer can help protect your rights and respond if criminal or civil claims arise.

6. Example (hypothetical facts)

Hypothetical: You signed a notarized affidavit after a minor intersection collision stating you were stopped when the other car struck you. Later you realize you misremembered and you actually rolled into the intersection while yielding. This is a material change about fault.

What to do: Tell your insurer immediately and prepare an affidavit of correction explaining the mistake and what you now recall. Contact the police agency that prepared the crash report and ask them to attach your corrected affidavit. Expect the other side or its insurer to investigate. If the insurer alleges you intentionally lied, consult an attorney.

7. Timing matters

Correct errors as soon as you discover them. Prompt correction shows good faith, reduces the chance of criminal or insurance consequences, and improves your credibility.

Helpful Hints

• Act quickly — notify your insurer and the reporting police agency as soon as you realize the mistake.
• Keep copies of the original affidavit, any corrected affidavit, and all communications about the correction.
• Be honest. If you correct a mistake promptly and voluntarily, that often prevents escalation to criminal charges.
• If police prepared a crash report, ask how to add a supplemental statement so the official file reflects the correction.
• If you’re unsure whether the error is material, assume it could be and seek legal advice.
• Document why you made the mistake (e.g., shock after the crash, medical distractions) — that explanation can be important if credibility is questioned later.
• If criminal accusations arise, exercise your right to consult a lawyer before making further sworn statements.