What to Know About Signing a Sworn Statement After a Motor Vehicle Crash in Massachusetts

Short answer: You generally may decline to sign an affidavit or sworn statement if you are unsure about details you observed. However, you must avoid knowingly signing anything untrue—doing so can expose you to criminal liability under Massachusetts law. If a court subpoenas you to give sworn testimony, you cannot simply refuse without risking sanctions. This article explains your rights, the risks, and practical steps to protect yourself.

Detailed answer — rights, risks, and the law

1. You may refuse to sign a voluntary affidavit

If someone (an insurance company, a police officer, or a private party) asks you to sign an affidavit or a written statement about what you saw at a crash, you are not legally required to sign it simply because you were asked. You may say you are uncomfortable signing because you are unsure about specific facts, or because you want to review the exact language first.

2. You must not sign a false affidavit

Signing a sworn statement that you know is untrue can lead to criminal charges. Massachusetts law criminalizes knowingly making a false statement under oath. See Massachusetts General Laws, Chapter 268 (Crimes Against Public Justice), Section 1 (perjury): malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter268/Section1.

3. If you are subpoenaed or ordered by a court, you must comply

A subpoena or court order that specifically compels you to appear and give testimony is different from a casual request to sign a paper. If a court subpoenas you to give sworn testimony or to provide a sworn affidavit, you must comply or consult an attorney immediately. Refusal to obey a valid court order can lead to contempt proceedings or other penalties.

4. Special rules for drivers involved in an accident

Drivers involved in a crash have statutory duties, including stopping and exchanging information under Massachusetts law. That duty applies to drivers directly involved in the collision; it does not by itself force a bystander witness to sign an affidavit. See M.G.L. c. 90, § 24 (duty to stop and render aid and exchange information): malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section24.

5. Insurance claims and practical consequences

Refusing to sign a requested affidavit can slow or complicate an insurance investigation. An insurer may ask for a sworn statement (a “proof of loss” or “statement under oath”) before processing a claim. If you are unsure of details, tell the insurer you will provide a factual, non‑sworn written account or that you will sign a sworn statement only after you have had time to confirm the facts or consult counsel. Keep in mind that refusing a sworn statement can sometimes lead companies to request a subpoena or to rely on other evidence.

6. When uncertainty matters: how to phrase your statement

If you agree to give a written or sworn statement, be precise about what you personally observed and what you did not. Use language such as “to the best of my recollection” or “I observed” and identify times, locations, and actions you are certain about. Avoid repeating rumors or conclusions you did not actually see. If you must sign, you can often add clarifying language or attachments explaining uncertainty.

Practical steps to follow if asked to sign a sworn statement

• Ask to read the full affidavit or statement before signing. Do not sign a blank or partially completed document.
• Do not sign anything that contains facts you know are wrong. If the document contains errors, ask for corrections in writing.
• If you are unsure about details, say so. Offer to provide a written account limited to what you personally observed rather than speculating.
• If someone asks you to add language like “I swear” or “under oath,” remember that makes the statement subject to perjury law—do not sign unless the facts are accurate.
• If you receive a subpoena or court order, contact an attorney promptly. A court-ordered sworn statement or testimony is mandatory unless you have a valid legal objection.
• If an insurance company insists on a sworn statement and you are worried about criminal exposure or accuracy, consider speaking with a lawyer before signing.
• Keep copies of all statements you give. If you later revise or clarify your account, document the reasons for the change (memory, new evidence, etc.).

Example scenarios (hypothetical)

– You watched a collision but are not sure whether the light was red or green. You can refuse to sign a sworn affidavit that states the light was red. Instead, give a written account that notes your uncertainty about the signal color and what you did observe.

– An insurer asks you to swear that a driver ran a stop sign, but you only saw the vehicles after they moved. You should decline to sign a sworn statement asserting the stop was ignored and offer a factual account of what you actually saw.

– A court subpoena orders you to appear and swear about the crash. You must appear or consult an attorney about lawful grounds to object. If you swear under oath, tell the truth; do not invent or sign false statements.

Helpful hints

• If in doubt, do not sign. It is usually safer to give a careful written statement and to avoid swearing to uncertain facts.
• Be precise: limit your statement to direct observations (what you saw, heard, where you were, and when).
• Use qualifiers when memory is fuzzy: “I believe,” “to the best of my recollection,” or “I am not certain.”
• Ask for time to review the affidavit and to consult an attorney if you feel pressured.
• If you are the driver involved in a crash, know you must stop and exchange information under M.G.L. c. 90, § 24: malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section24.
• Remember the risk of perjury: knowingly making a false sworn statement can violate M.G.L. c. 268, § 1: malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter268/Section1.
• Keep a record of who asked you to sign, when, and whether any changes were made to the document you signed.

Disclaimer: This information explains general Massachusetts legal principles and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Massachusetts attorney.