Can I Refuse to Sign an Affidavit if I’m Unsure About Details I Saw in a Crash?

Short answer: Yes — you generally may refuse to sign an affidavit if you are unsure about the accuracy of the statement. You should not sign anything that contains facts you do not know to be true. However, refusing to sign a voluntary affidavit or statement is different from being required to give testimony under oath if compelled by a court or a lawful subpoena.

What an affidavit is and why signing matters

An affidavit is a written statement you make under oath or affirmation. By signing an affidavit you declare under penalty of law that the statements in the document are true to the best of your knowledge. If you knowingly sign a false affidavit, you can face criminal penalties for making a false statement or perjury. Because an affidavit has legal consequences, you should only sign one when the facts stated are accurate and you understand the wording.

When you can refuse to sign

• Voluntary statements: If a private party (an insurance company, another driver, or a lawyer) asks you to sign an affidavit and you are unsure about details — distances, times, exact speeds, or what you observed — you may decline. You can explain that you are willing to provide a statement but that you cannot swear to facts you do not know or remember precisely.
• Police reports vs. affidavits: A police officer may ask you questions and prepare a crash report. You can correct or add details, and you may decline to sign any written statement that you believe is inaccurate. If you do sign a police report or similar form, be careful that it reflects only what you actually saw or know.

When you cannot simply refuse

• Court orders and subpoenas: If you receive a subpoena ordering you to appear in court and give testimony under oath, you cannot avoid testifying by simply refusing to sign. In court, the judge will put you under oath and you must answer truthfully. Refusing to obey a valid subpoena or court order can subject you to contempt or other legal consequences. See the Mississippi court system for rules about subpoenas and witness obligations: https://courts.ms.gov/.
• Criminal investigations: In criminal matters, law enforcement may have additional authority to obtain statements or to require your appearance. You have constitutional protections (for example, the right to remain silent and the right to consult an attorney) before making statements that could incriminate you.

Why not sign if you’re unsure?

1. Risk of false statement charges: Signing an affidavit to which you cannot truthfully attest risks criminal charges if the statement is later proven false and you knew it was false.
2. Accuracy matters for civil claims: In insurance claims and civil lawsuits, inaccurate sworn statements harm your credibility and can negatively affect outcomes.
3. Better alternatives: Give a limited written or recorded statement describing only what you actually saw and your level of certainty (for example, “I saw the vehicle at approximately X and I believe it slowed, but I did not see the exact speed”). You can also say you are willing to testify in court and will answer questions under oath there.

Practical steps if you’re asked to sign an affidavit and you’re unsure

• Read carefully. Don’t sign until you read the entire document and understand every factual assertion.
• Correct or qualify statements. Add qualifiers like “to the best of my recollection” or “I do not recall” where appropriate, or suggest edits.
• Ask for time. Tell the requester you need time to review the statement or to consult a lawyer if you’re unsure about legal consequences.
• Offer an alternative. Provide a signed, simple statement of what you personally observed, using language that reflects your uncertainty where it exists.
• Keep a copy. If you do sign anything, ask for and keep a copy of the signed document for your records.

Special notes about Mississippi crash reporting and evidence

Mississippi requires certain accident reporting procedures for drivers and law enforcement. If law enforcement prepares an official crash report, that report can be used in insurance and legal proceedings. For general information on crash reports and traffic safety in Mississippi, see the Mississippi Department of Public Safety: https://www.dps.ms.gov/. For statute research and specific code language, consult the Mississippi Legislature’s resources: https://www.legislature.ms.gov/. If you are concerned about subpoenas, testimony, or criminal exposure, the Mississippi Judiciary website provides guidance on court procedures: https://courts.ms.gov/.

When to talk to an attorney

Consider contacting a lawyer if:

• You are asked to sign a detailed affidavit about a crash and you fear criminal or civil liability;
• You have been served with a subpoena to testify about the crash;
• Your statements are being used against you in a criminal investigation; or
• The facts are complex and you are unsure how a signed statement will affect insurance or litigation.

An attorney can review the requested affidavit, help you qualify uncertain statements, and advise whether you should sign or assert privileges or other defenses.

Helpful Hints

• Do not sign an affidavit containing facts you do not personally know or cannot verify.
• Use qualifying language (“to the best of my recollection”) rather than making absolute statements if you are not certain.
• Ask for a copy of any document before you sign and keep that copy.
• If the request comes from police or a lawyer, say you will provide a factual account but that you will not swear to uncertain details.
• If subpoenaed, attend court and speak truthfully. Refusing a subpoena can lead to legal penalties.
• When in doubt, pause and consult a lawyer. A brief call can prevent long-term problems.

Disclaimer: This article explains general legal principles and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Mississippi attorney.