Detailed Answer
Short answer: If you discover a mistake in a signed accident affidavit in Maryland, act quickly. Correcting the record promptly reduces the risk of an insurance dispute, civil liability, or (if a false statement was intentional) criminal exposure. The exact steps depend on who received the affidavit (police, insurer, or a court) and whether the error was accidental or deliberate.
What is a signed accident affidavit?
A signed accident affidavit is a written, often sworn, statement that describes what you say happened in a crash. You might sign an affidavit for a police report, for an insurance claim, or as part of court paperwork in a civil case. When you sign, you are attesting the information is true to the best of your knowledge.
Why correcting a mistake matters
- Insurance: Insurers compare statements, police reports, and evidence. Conflicting statements can lead to delayed payments, reduced recovery, or denial of claims.
- Court or civil cases: Inconsistencies can damage your credibility as a witness and hurt your case.
- Criminal risk: Knowingly making a false sworn statement may expose you to criminal charges for false statement or perjury.
Practical steps to take right away
Follow these action steps depending on who holds the original affidavit:
- If the affidavit was given to police:
- Contact the investigating officer or the agency records division. Ask how to submit a correction or an amended statement. Many departments allow you to provide a supplement or sworn correction in person.
- Provide supporting evidence (photos, video, witness names and contact information) to corroborate the corrected facts.
- If the affidavit was submitted to your insurer or another party:
- Notify your claims adjuster immediately. Tell them you need to amend or supplement your written statement.
- Submit a clear, signed, and dated corrected statement. If the original was notarized/sworn, consider signing the correction under oath (if requested) or getting it notarized.
- If the affidavit was filed with a court:
- Contact the clerk of the court where the affidavit was filed and follow their procedure to file an amended affidavit or a sworn correction.
- If the affidavit is part of litigation, notify opposing counsel and file the necessary motion or corrected filing as required by the court rules.
How to prepare a corrected affidavit
When you draft a corrected affidavit, do the following:
- Start by identifying the original affidavit (date, who it was given to, and any file or report number).
- State clearly what part was wrong and why (e.g., mistaken identity, wrong time, transcription error).
- Give the corrected facts concisely and in chronological order.
- Sign and date the corrected affidavit. If the original was sworn, sign the correction before a notary or the appropriate official if required.
- Keep copies of the original, the corrected affidavit, and proof of submission (email, certified mail receipt, or signed acceptance by the police or court).
Possible consequences if you do not correct a mistake
- Insurance delays, reduced coverage outcomes, or claim denials due to inconsistent statements.
- Damage to your credibility in a civil case, which can affect settlement or trial results.
- In cases of intentional false statements, potential criminal investigation and charges. Intent matters — honest mistakes handled promptly are far less likely to lead to criminal consequences.
When to get legal help
Consider contacting an attorney if:
- You believe a criminal investigation or charge could arise from the incorrect statement.
- The opposing party or insurer is using the inconsistency against you and you face serious financial exposure.
- The correction process is complex because the affidavit is part of active litigation.
Resources
General Maryland government resources you may find helpful:
- Maryland Motor Vehicle Administration (MVA) — main site: https://mva.maryland.gov (for accident-reporting information and forms)
- Maryland Judiciary self-help pages: https://www.mdcourts.gov/selfhelp (for court filing procedures and forms)
Disclaimer: This article explains general Maryland law and practical steps only. It is not legal advice. Consult a licensed Maryland attorney for advice specific to your situation.
Helpful Hints
- Act quickly — timely corrections are easier to fix and look better to insurers and courts.
- Don’t alter the original document; prepare a clear, separate corrected affidavit and keep the original intact.
- Document every contact — note names, dates, and what was said when you report the correction to police, insurers, or courts.
- Gather evidence (photos, video, witness contact info) that supports the corrected facts.
- If you signed under oath and the mistake could be perceived as intentional, speak with a lawyer before making further sworn statements.
- Keep multiple copies of all documents and get written confirmation that the corrected affidavit was received and placed in the file.