Detailed Answer

Short answer: In most situations you may refuse to sign an affidavit if you are unsure about the facts. However, refusing to sign can have consequences depending on who is asking, whether you are under subpoena, and whether you are making false statements.

What an affidavit is and why it matters

An affidavit is a written statement sworn to be true under oath. When you sign an affidavit you are attesting that the contents are true, and giving false information in a sworn document can expose you to criminal liability under Texas law. See Texas Penal Code §37.02 (Perjury) and §37.08 (False report to a peace officer). Read the statutes here: Tex. Penal Code §37.02 (Perjury) and Tex. Penal Code §37.08 (False report to a peace officer).

Voluntary requests (police, insurance, or private parties)

If a police officer, insurance representative, or another private party asks you to sign an affidavit or statement at the scene or later, you generally can decline. You are not automatically required to sign a sworn statement just because someone requests it. It is reasonable and often wise to decline signing any document that contains details you cannot confirm from your own memory.

When you might be required to cooperate

Court processes change the rules. If a court issues a subpoena or requires your testimony or sworn statement as part of a civil or criminal case, you must comply with that legal process unless you have a valid legal basis to refuse (for example, a lawful Fifth Amendment claim against self-incrimination). Refusing a court-ordered appearance or order can lead to contempt or other consequences. If a law enforcement officer asks you to give a statement at the station and you are under formal arrest, your constitutional rights apply; you can ask for an attorney.

Risk of criminal exposure for false statements

Because an affidavit is a sworn statement, knowingly providing false information can constitute perjury under Texas law. If you are unsure whether a fact is correct, do not guess. Either say you don’t remember, decline to state that detail, or put qualifiers in writing. That reduces the risk of being charged for making knowingly false sworn statements. See the links above for the statutory provisions.

Practical options if you are unsure

• Ask to see the full written statement before you sign it. Do not sign until you have read and understand every line.
• Correct inaccuracies. Cross out incorrect wording and write your accurate version, or refuse to sign until the statement is revised.
• Add clear qualifiers such as “to the best of my recollection” or “I do not recall” next to specific items you are unsure about. That communicates uncertainty while still providing useful information.
• Offer to give a factual account of what you personally observed rather than speculate about things you did not directly see (for example, avoid assigning fault if you didn’t observe the critical act).
• If asked for a recorded statement by an insurer, you can refuse or delay and instead request to confer with an attorney. An insurer may use a refusal as a factor in claim handling, so consider talking with your insurer or an attorney about the tradeoffs.

When to get legal help

If law enforcement indicates the statement must be sworn, if you are subpoenaed, if you think your answers might admit criminal liability, or if there is a high risk of civil exposure (serious injury, large claim), consult an attorney before signing. An attorney can advise whether you have to comply with a court process, when to assert constitutional rights, and the best way to document uncertainty without creating legal risk.

Example phrasing you can use or request

When you must provide a written statement but cannot confirm specific facts, ask to include language such as:

“The following statements are true to the best of my recollection. Where I state an observation, I witnessed that specific fact. Where I am uncertain I have indicated that I do not recall or I am unsure.”

This kind of phrasing preserves your honesty and signals uncertainty while still cooperating.

Bottom line

You may refuse to sign an affidavit if you are unsure about details, and doing so is often the prudent choice. But be aware of context: court subpoenas and active criminal investigations change your obligations. Never knowingly sign a sworn statement that you believe is false. If you face pressure to sign or any threat of legal process, seek legal counsel promptly.

Helpful Hints

• Do not guess. If you do not remember a detail, say so out loud and in writing.
• Ask to review any document before signing. Request corrections or add qualifiers where needed.
• Write down your own contemporaneous notes about what you actually saw — time, location, direction, and any identifying details of vehicles or witnesses.
• Take photos if safe and appropriate; preserve any evidence you relied on for your recollection.
• If an insurer requests a recorded statement, you can delay and consult an attorney. Know that refusal could affect how the insurer evaluates your claim, so weigh options with counsel when large claims are involved.
• If you receive a subpoena to provide a sworn statement or appear for a deposition, contact an attorney immediately to understand your obligations and rights.
• If a police officer suggests you must sign something immediately, calmly explain that you do not want to sign anything you cannot verify and request time or the option to return with legal counsel.
• Keep copies of everything you sign. If you add handwritten qualifiers, ask that those additions be included in any final form or affidavit filed with authorities or insurers.