Disclaimer: This is general information only and is not legal advice. If you need advice about a specific situation, consult a licensed Washington attorney.
Detailed Answer
Short answer
You can decline to sign an affidavit or written statement if you are unsure about the details you observed in a crash. You should not sign a document that contains statements you know to be false or that asks you to guess. Signing a sworn affidavit that contains false material statements can expose you to criminal liability under Washington law (see RCW chapter 9A.72).
Why you can refuse or limit your signature
There are two different situations you might face: (1) signing a voluntary, informal written statement for a police officer or insurance company; and (2) signing an affidavit under oath (often in front of a notary). In both situations you have the right to avoid making statements you are not comfortable with:
- For informal statements, you can decline to sign or you can ask the officer to write only what you actually said. You can also correct inaccuracies before signing.
- For sworn affidavits (signed under oath or penalty of perjury), Washington law treats knowingly false statements seriously. You should not sign an affidavit unless the content is true to the best of your knowledge and you are prepared to swear to it. See RCW chapter 9A.72 for statutes on false statements and perjury.
What can happen if you refuse
Refusing to sign a voluntary statement generally has no criminal penalty. It may slow an investigation or prompt officials to follow up. If authorities need a sworn statement, they can subpoena you to testify in court or compel a sworn statement through legal process. Refusing to testify in court can have other consequences (e.g., contempt), but you cannot be forced to sign a document containing incorrect facts.
What makes signing risky
Signing is risky when the signature attests to facts you do not know or when the signature is made under oath. Washington criminal statutes punish making false material statements in official proceedings or under oath. For an overview, see RCW chapter 9A.72. Also note legal duties at crash scenes under the vehicle code (for reporting, stopping, and exchange of information) at RCW chapter 46.52.
Practical steps to take if you are unsure
- Tell the officer or person requesting the affidavit that you are unsure about certain details. Say exactly what you do know and clearly say when you are guessing or unsure.
- Use qualifying language in the written statement: write “I am not sure,” “I do not recall,” or “I did not observe that.” Do not invent details to fill gaps.
- If a document is presented for signature, read it carefully. Do not sign blank or prefilled forms you have not reviewed.
- If the form is a sworn affidavit, ask to review it fully and request time to consult before signing. If you cannot confirm the truth of a statement, do not sign under oath.
- Ask the officer to record your exact words. Request a copy of any statement you sign or that is prepared in your name.
- If you are concerned about legal exposure or if you receive a subpoena later, contact a Washington attorney before providing further sworn testimony or making statements that could be used in court.
When an attorney can help
If you are confused about whether a requested signature could expose you to criminal or civil liability, or if you receive a subpoena or a request to give a sworn statement, talk to a Washington lawyer. An attorney can advise you on how to respond, help protect your rights, and, if necessary, appear with you when you provide statements.
Helpful Hints
- Never guess. If uncertain, say “I don’t know” or “I don’t recall.”
- Mark uncertain items in writing and initial changes—do not rely on verbal qualifiers alone.
- Do not sign blank forms or documents you have not read.
- If asked to sign under oath, remember that knowingly telling falsehoods can lead to criminal charges (see RCW chapter 9A.72).
- Ask for a copy of anything you sign and keep your own written notes about what you observed and when.
- If you are subpoenaed to testify, contact an attorney before court to understand your rights and duties.
- Be polite but firm. You may protect yourself simply by refusing to attest to facts you cannot verify.
If you want help locating a Washington attorney experienced with traffic accident testimony or criminal questions about sworn statements, consider contacting your local bar association or a referral service.