What to Expect If You Make a Mistake in a Signed Accident Affidavit in Wisconsin

Short answer: A simple, good-faith clerical error in a Wisconsin accident affidavit is usually fixable if you correct it promptly and transparently. But an inaccurate sworn affidavit can lead to civil consequences (claim denial, rescission, repaying benefits) and, if the error was intentional or reckless, possible criminal charges for false swearing or perjury. This article explains what typically happens, what steps to take, and when you should talk with an attorney.

Detailed Answer

1. Understand the difference: mistake vs. false statement

Not all incorrect statements are treated the same. Courts and insurance companies distinguish between:

• Innocent mistakes: Typos, wrong dates, or misremembered nonessential details made in good faith.
• Material inaccuracies: Errors that affect fault, damages, or coverage decisions (e.g., misidentifying a driver or understating injuries).
• Deliberate falsehoods: Knowingly giving false sworn statements to obtain money or avoid liability.

In Wisconsin, if you signed a written or sworn affidavit about an accident, the affidavit may be used by insurers, opposing drivers, and sometimes by prosecutors. Wisconsin law requires drivers involved in crashes to stop and exchange information and, in some cases, report the crash to authorities (see Wis. Stat. § 346.67: https://docs.legis.wisconsin.gov/statutes/statutes/346/67). That reporting framework is separate from later statements you give to insurers or in affidavits, but the same facts are often used to evaluate claims.

2. Civil and insurance consequences

• Claim investigation and denial: Insurers routinely compare your affidavit to the police report, medical records, and statements from other parties. Material inconsistencies can lead an insurer to investigate further and possibly deny or delay payment.
• Rescission or subrogation: If an insurer finds you intentionally misrepresented facts to obtain payment, it can seek to rescind coverage for that claim or pursue repayment of benefits paid (subrogation or restitution).
• Policy cancellation or premium impact: Serious misrepresentations may lead to cancellation or nonrenewal and higher premiums in the future.

3. Criminal exposure for false sworn statements

Wisconsin law criminalizes making false statements in official settings. Two provisions commonly apply to false affidavits:

• False swearing / perjury: Making a deliberately false material statement in a sworn affidavit can expose you to prosecution. See Wisconsin statutes on false swearing and related offenses (example: false swearing/perjury provisions under Chapter 946). A prosecutor would need to show the statement was knowingly false and material to the proceeding or investigation. You can review statutory language for these offenses here: https://docs.legis.wisconsin.gov/statutes/statutes/946/31 (false swearing) and related provisions in Chapter 946.
• Insurance-fraud-related crimes: If the false affidavit was submitted to obtain insurance proceeds, state or local authorities or the Office of the Commissioner of Insurance may investigate suspected insurance fraud. The Insurance Commissioner explains how to report suspected fraud and the consequences: https://oci.wi.gov/Pages/Consumers/ReportSuspectedFraud.aspx

4. Likely outcomes depending on facts

• Minor, inadvertent mistakes: Insurer or opposing parties typically ask for a corrected statement or supporting documents (photos, receipts, timeline). Correcting the mistake promptly reduces the risk of denial or formal investigation.
• Material errors that are promptly corrected: If you immediately notify the insurer, provide supporting evidence, and explain the error, many disputes can be resolved without civil or criminal consequences.
• Material, uncorrected, or intentionally false statements: These increase the chance of claim denial, civil action, and possible criminal referral. Prosecutors pursue cases where there is evidence of intent to defraud or hide responsibility.

5. What investigators look for

Investigators and prosecutors focus on whether the incorrect statement was:

• Material to the insurer’s decision (fault, injury severity, or identity of parties);
• Made knowing it was false or with reckless disregard for the truth; and
• Supported or contradicted by other reliable evidence (police reports, witness statements, photos, medical records).

What to do if you discover a mistake in a signed affidavit

1. Act quickly: Contact the insurer and the person or entity that received the affidavit and say you discovered an error. Prompt corrections look better than waiting until an investigation starts.
2. Provide a corrected statement: Ask whether you should submit a signed corrected affidavit, an affidavit of correction, or a written supplemental statement. Follow the recipient’s process so the correction becomes part of the official file.
3. Gather supporting evidence: Collect police reports, photos, repair estimates, medical records, and witness contact information that support the corrected facts.
4. Be truthful and consistent: When amending the statement, limit your correction to the facts you now believe to be accurate. Avoid exaggeration or speculation.
5. Get legal advice if needed: If the error is material, disputed, or might trigger a fraud investigation, consult an attorney experienced in Wisconsin motor-vehicle insurance and criminal defense. An attorney can advise how to correct the record and whether to involve counsel before speaking to investigators.

When to contact an attorney

Consider contacting an attorney if:

• An insurer has denied your claim or demanded repayment based on the affidavit;
• You received a subpoena or criminal investigation notice related to the affidavit;
• Opposing parties dispute material facts and the case involves significant damages or potential civil liability;
• You are unsure whether to correct a sworn statement or how to do so without creating additional exposure.

Helpful Hints

• Save everything: keep copies of the original affidavit, any corrected statements, police reports, medical records, photos, and emails.
• Correct promptly: notify the recipient of the affidavit as soon as you discover the mistake and ask how to file a correction.
• Stick to facts you can prove: avoid guesses or estimates unless you label them as such and provide supporting documentation when possible.
• Don’t destroy documents: altering or destroying evidence can create additional legal problems.
• If in doubt, consult counsel: an attorney can help you prepare a corrected affidavit and communicate with insurers or investigators.
• Report suspected fraud: if you suspect someone else submitted a false affidavit to get benefits, report it to the Office of the Commissioner of Insurance: https://oci.wi.gov/Pages/Consumers/ReportSuspectedFraud.aspx

Relevant Wisconsin law references:

• Duty to stop and report motor vehicle accidents: Wis. Stat. § 346.67 — https://docs.legis.wisconsin.gov/statutes/statutes/346/67
• Provisions addressing false swearing and similar offenses are in Chapter 946 (see, for example, provisions around false swearing/perjury): https://docs.legis.wisconsin.gov/statutes/statutes/946/31
• Office of the Commissioner of Insurance — report suspected insurance fraud: https://oci.wi.gov/Pages/Consumers/ReportSuspectedFraud.aspx

Final note: Each situation is fact-specific. Minor, honest mistakes that you correct quickly rarely lead to severe consequences. But intentional or material false statements can trigger serious civil and criminal consequences under Wisconsin law. If you face a denial, demand for repayment, or an investigation, talk to an attorney who handles insurance disputes and criminal matters to protect your rights.

Disclaimer: This information is educational only and is not legal advice. Consult a licensed Wisconsin attorney for advice about your specific situation.