Detailed Answer
If you are asked to sign an affidavit or a written statement about a motor vehicle crash but you are unsure about some details, you do not have to sign anything that you believe may be inaccurate. An affidavit is a sworn statement. Signing it means you are attesting under oath that the facts in the document are true to the best of your knowledge. In New York, making a false written statement under certain conditions can expose a person to criminal liability (for example, see New York Penal Law on falsifying written statements: N.Y. Penal Law § 210.45).
Key practical points under New York law and usual practice:
- You may refuse to sign a sworn affidavit if you are unsure. Do not sign a statement that contains information you do not remember or that you know is wrong.
- Voluntary statements to police are different from sworn affidavits and subpoenas. Police often take notes or a written account that they ask you to sign to confirm you gave it. That is typically voluntary. You can decline to sign or you can sign with qualifiers or corrections (for example, add “to the best of my recollection” or strike inaccurate items and initial changes).
- Do not invent details or guess. If you do not recall a fact, say so. Phrases like “I do not recall,” “I am unsure,” or “to the best of my recollection” are appropriate. If you guess and later the statement is contradicted, you risk civil or criminal consequences depending on the situation.
- Ask to read the document first and to keep a copy. If asked to sign, request to read every page and get a copy. If you want time to think or check your notes or speak with an attorney, say so.
- Subpoenas and court orders change things. If a court subpoenas you to provide testimony or a sworn affidavit, refusing to comply may subject you to court enforcement (for example, contempt) unless you have a valid legal basis not to comply. If you receive a subpoena, consult an attorney promptly.
Examples of safe responses when asked to sign:
- “I want to read the whole document before I sign.”
- “I need time to check my notes/phone and confirm these details.”
- “I do not remember that exactly; I can provide what I do remember but I will not sign an affidavit with facts I am unsure about.”
Consequences and risks:
- Signing a sworn statement you know to be false may subject you to criminal charges under New York law (for example, falsifying written statements). If you sign a statement with inaccurate content because you guessed, you can be questioned later and potentially face legal consequences.
- Refusing to sign a voluntary police report or witness statement will not by itself make you a suspect, but the officer may still record your verbal account in their report. You can ask that your uncertainty or qualifiers be recorded.
- If a civil case later relies on the statement, your signed words can be used in litigation. Unsure or contradictory statements can hurt your credibility as a witness.
What to do right after a crash if you might be asked to sign
- Write down what you remember as soon as possible (time, direction, speeds, positions, lighting, weather, what you actually saw). Dates and times help.
- Take photos or video of the scene if safe to do so.
- Give contact information and a brief, honest account. Use qualifiers when unsure (“to the best of my recollection”).
- Ask for a copy of any written statement before you sign and ask that any uncertainty be included in the record.
- If the police or others pressure you, calmly state you prefer to wait and review the statement before signing, or you will provide a sworn statement only after consulting with counsel.
Helpful Hints
- Never sign a blank form or an affidavit you haven’t read completely.
- Mark uncertain items with language such as “approximate” or “to the best of my recollection.” That helps preserve accuracy without inventing details.
- If asked to sign for identification (e.g., to acknowledge you gave a statement), clarify whether the signature confirms the act of giving the statement or the truth of every fact written. You can sign to acknowledge you gave the statement while adding, “I am signing only to acknowledge I provided this statement; I do not affirm every detail is accurate.”
- Keep your own written notes and photos in a safe place. These preserve your memory and can be used later if needed.
- If you receive a subpoena or a request for a sworn affidavit in connection with a lawsuit or criminal matter, contact an attorney promptly for advice about compliance or asserted privileges.
- Remember that honesty and clarity protect you. Admitting uncertainty is better than guessing and later contradicting yourself.
Disclaimer: This article explains general principles under New York law and common practice. It is not legal advice, and I am not a lawyer. For advice about a specific situation, contact a licensed attorney in New York.