Detailed Answer: Mistakes in a Signed Accident Affidavit — South Carolina Law

Short answer: If you discover a mistake in a signed accident affidavit in South Carolina, act quickly to correct it. Minor clerical errors are usually fixed by submitting a corrected affidavit or a supplemental statement to the same agency (police, court, or insurer). Material false statements can have serious civil and criminal consequences under South Carolina law, including possible charges for false swearing or perjury.

What is an “accident affidavit” and when does it matter?

An accident affidavit can mean different things depending on context. Common examples include:

• a sworn statement you submit to an insurance company;
• a sworn affidavit filed in court or with a clerk in a civil case arising from a crash;
• a written statement or supplement attached to a police crash report.

All are important because they become part of an official file and may determine insurance benefits, fault findings, or evidence in litigation. When you sign, you are attesting to the truth of the statement.

How South Carolina law treats mistakes and false statements

South Carolina criminal law prohibits making knowingly false statements under oath. Title 16, Chapter 9 of the South Carolina Code covers perjury and false swearing. False or materially misleading statements given while under oath can lead to criminal charges. See South Carolina Code, Title 16, Chapter 9: https://www.scstatehouse.gov/code/t16c009.php

Traffic and reporting duties are governed by Title 56 (Motor Vehicles). Law enforcement retains and publishes crash reports and agencies (or courts) have procedures for corrections or supplements. See Title 56, Chapter 5 (traffic statutes) for context: https://www.scstatehouse.gov/code/t56c005.php

Common scenarios and likely outcomes

1) Minor clerical mistake (typo, wrong cell number, small date error)

Usually easily fixed. Contact the agency or insurance company that received the affidavit and ask how to submit a corrected or supplemental sworn statement. For police reports, the law enforcement agency that prepared the report can often add a supplement or accept a signed correction.

2) Factual error you discover later (wrong mileage, witness name, vehicle model)

Provide a clear corrected affidavit or supplemental statement that explains the original mistake and states the correct facts. Attach any supporting evidence (photos, repair invoices, witness contact info). Keep originals and copies. In court matters, you or your attorney can file an amended affidavit or supplemental filing under the court’s rules.

3) Material inaccuracy that favors you (e.g., exaggerating injury or fault) or that was knowingly false

If a statement was intentionally false or you realize it was materially wrong, notify your attorney immediately. Intentional false statements can lead to denial of insurance claims, civil liability, and criminal charges such as false swearing or perjury under Title 16, Chapter 9: https://www.scstatehouse.gov/code/t16c009.php

4) Insurance consequences

An insurer can investigate statements and may deny coverage or benefits for material misrepresentations. If the insurer believes fraud occurred, it can refuse payment and may report the matter to law enforcement or to the South Carolina Department of Insurance. Contact your insurer and provide corrected information promptly to reduce dispute risk.

How to correct a mistake — practical steps

1. Stop making further statements until you know the correct facts. Avoid repeating or adding mistakes.
2. Locate the original affidavit and note exactly what is wrong and why.
3. Contact the recipient immediately (police agency, court clerk, or insurer). Ask their procedure for corrections or supplements.
4. Prepare a short corrected affidavit or an affidavit of correction that: identifies the original affidavit, explains the mistake, states the correct facts, and is signed and notarized if required.
5. If the affidavit is part of a court case, file the corrected or supplemental affidavit according to court rules (often by motion or a simple amended filing). Consider involving an attorney for court filings.
6. Provide supporting documents (photos, receipts, witness statements) to support the corrected facts.
7. Keep copies of everything and get written confirmation that the correction was accepted and placed in the file.

When to get a lawyer

Contact an attorney if:

• You believe the mistake could lead to criminal exposure (intentional false statements);
• An insurer or another party alleges fraud or seeks to deny coverage based on the affidavit;
• The error is in an affidavit filed in court and could harm your case or credibility;
• You are unsure how to correct a formal court or police record.

Helpful Hints

• Act quickly. Prompt correction is viewed more favorably than waiting.
• Be transparent. Explain how the mistake occurred (typo vs. memory lapse) and provide evidence supporting the corrected version.
• Use signed, dated, and notarized corrected affidavits when the original was sworn under oath.
• For police reports, contact the specific law enforcement agency that prepared the report — they usually keep procedures for supplements or corrections.
• For insurers, send corrections in writing and request written confirmation that the insurer received and added the correction to the claim file.
• Preserve original documents, photos, medical records, and contact information for witnesses.
• Don’t attempt to “fix” a material falsehood by creating another false statement. That increases the risk of criminal charges under SC law. See Title 16, Chapter 9: https://www.scstatehouse.gov/code/t16c009.php
• Keep a clear timeline of events and communications about the correction.

Where to find official resources

• South Carolina Code — Title 16, Chapter 9 (Perjury and False Swearing): https://www.scstatehouse.gov/code/t16c009.php
• South Carolina Code — Title 56, Chapter 5 (Traffic statutes and reporting context): https://www.scstatehouse.gov/code/t56c005.php
• South Carolina Department of Motor Vehicles (general crash and reporting resources): https://www.scdmvonline.com/

Final note / Disclaimer: This article explains general South Carolina law and common procedures; it is educational only and not legal advice. If the mistake in your affidavit is material, could affect criminal liability, or may cause an insurer or other party to take adverse action, consult a South Carolina-licensed attorney promptly.