What happens if I make a mistake in a signed accident affidavit under Ohio law?

Short answer: If the error is a minor, unintentional clerical mistake, you can usually correct it without serious consequence by notifying the parties (police, insurer, or court) and providing a corrected or supplemental affidavit. If the mistake is material and was made knowingly to mislead, you could face civil penalties (claim denial, financial exposure) and criminal charges under Ohio law. This is general information, not legal advice.

Detailed answer

Start with two distinctions: (1) whether the mistake was innocent (a typo, wrong time, transposed numbers) or intentional, and (2) where the affidavit was used (given to your insurer, filed with a court, or submitted to law enforcement).

1. Innocent or clerical mistakes

If you signed an affidavit and later discover a small, unintentional error (for example, the wrong house number, a transposed time, or a mistaken spelling), the usual steps are:

• Notify your insurance company right away and explain the error.
• Prepare a corrected or supplemental affidavit that explains the mistake and gives the accurate information. Sign it under oath and have it notarized if required.
• If the affidavit was filed in court, file an amended affidavit or a supplement with the court clerk and serve it on other parties in the case. Courts commonly allow corrections through a motion to supplement or an amended filing.
• If the affidavit was given to police or included in a crash report, contact the investigating officer or the law enforcement agency to inquire about submitting a supplement or correction to the crash report.
• Keep copies of the original affidavit, the corrected affidavit, and any communications about the correction.

In most cases, honest errors corrected promptly will not lead to severe consequences. Insurers and courts expect human mistakes; they value timely, clear correction and supporting evidence (photos, receipts, witness names).

2. Material mistakes or deliberate false statements

If the error changes the substance of the statement (for example, fabricating fault, inventing injuries, or lying about mileage or vehicle ownership) and the error was made knowingly, the consequences can be severe:

• Insurance consequences: Your insurer may deny the claim, cancel your policy, seek restitution, or charge you with insurance fraud. An insurer can also share findings with other companies, affecting future coverage and premiums.
• Civil consequences: The other party may use the false statement against you in litigation and seek damages for fraud or misrepresentation.
• Criminal consequences: Ohio law prohibits knowingly making false statements in sworn documents. Depending on the circumstances, you could face criminal charges such as perjury or falsification. See, for example, Ohio Rev. Code § 2921.11 (perjury) and Ohio Rev. Code § 2921.13 (falsification) for statutes that address false sworn statements and falsifying records. https://codes.ohio.gov/ohio-revised-code/section-2921.11 https://codes.ohio.gov/ohio-revised-code/section-2921.13

Criminal charges typically turn on intent. Prosecutors generally must prove you knowingly made a false statement with intent to mislead. If your error was an honest mistake and you correct it promptly, prosecutors are less likely to pursue charges.

3. Practical examples

Example 1 (minor error): You wrote the wrong intersection on an affidavit but the police report and photos confirm the correct place. You notify your insurer and submit a corrected affidavit and the insurer accepts the correction. No further action.

Example 2 (material and intentional): You sign an affidavit saying the other driver ran a red light when you knew you ran the light. If discovered, the insurer could deny coverage, you could be sued, and you might face criminal charges for false swearing or falsification.

4. Steps to take right away if you discover a mistake

1. Do not hide the error. Tell the insurer, the lawyer, the court clerk, or the officer who took the statement as soon as you can.
2. Prepare a clear corrected or supplemental affidavit that explains what was wrong and why.
3. Gather supporting evidence (photos, repair bills, witness statements, GPS or phone records) that prove the correct version.
4. If your statement is part of active litigation or if you’re worried about criminal exposure, contact an attorney for advice before submitting a correction.
5. Retain records of all communications and copies of every document you submit.

Relevant Ohio statutes (for further reading)

• Ohio Rev. Code § 2921.11 — Perjury: https://codes.ohio.gov/ohio-revised-code/section-2921.11
• Ohio Rev. Code § 2921.13 — Falsification: https://codes.ohio.gov/ohio-revised-code/section-2921.13

Helpful hints

• Act quickly. Prompt correction reduces the chance of denial, dispute, or criminal suspicion.
• Keep everything in writing. Email summaries help create a record of your notification and correction.
• Be specific in your corrected affidavit: say what was wrong, why it was wrong, and supply the accurate facts.
• Attach supporting documents (photos, receipts, repair estimates, witness contact info) whenever possible.
• If a notary was involved and the original affidavit was sworn, sign the correction as a formal affidavit (sworn and notarized) so it has equivalent weight.
• If your mistake could be read as intentional or you face threats of criminal or civil action, consult a lawyer before you make further sworn statements.
• Even if you correct a mistake, expect insurers and other parties to investigate. Cooperation and documentation help your credibility.