Can you refuse to sign an affidavit if you’re unsure about crash details? — Alabama FAQ

Short answer: Yes. In Alabama you can generally refuse to sign an affidavit if you are unsure about the facts. Do not sign a sworn statement that contains information you know is wrong or that you cannot truthfully swear to. If you are concerned, ask for changes, add qualifying language (e.g., “to the best of my recollection”), or decline until you can review the statement with an attorney. This is general information, not legal advice.

Detailed answer: what happens if you refuse and what to consider

An affidavit is a written statement sworn to be true under oath. Signing an affidavit means you are attesting that the contents are true to the best of your knowledge. Under Alabama law, knowingly lying under oath can expose you to criminal penalties for giving false statements or perjury. Because of that risk, courts, police, insurers, and opposing parties expect sworn statements to be accurate.

If you are unsure about details you observed in a crash (for example, exact vehicle speeds, precise times, or who had the right of way), you have several options rather than signing a definitive affidavit that might contain inaccuracies:

• Refuse to sign the affidavit until you review and correct any inaccurate or uncertain statements.
• Ask the person preparing the affidavit to insert qualifying language where appropriate (for example: “to the best of my recollection,” “I believe,” or “I do not remember the exact time”).
• Provide a factual statement limited to what you actually remember and avoid speculation.
• Request time to consult with an attorney before signing a sworn statement, especially if the crash could lead to a lawsuit or criminal investigation.

Refusing to sign is legally permitted in most circumstances, but the context matters:

• Voluntary statements to police or insurers: You may decline to sign an affidavit or a written statement. You should avoid making false statements. If law enforcement insists on a sworn written statement, explain your uncertainty and include qualifiers. If you fear criminal exposure, you may ask for an attorney before answering more detailed questions.
• Court or subpoena situations: If you are under subpoena to give testimony or to provide a sworn affidavit to a court, you must respond according to the subpoena and rules of the court. In some situations you can assert your right against self-incrimination; in others, you may be compelled to testify or to provide the affidavit. If you are served with a subpoena, contact an attorney promptly.
• Insurance claim investigations: Insurers often request signed statements. You can refuse to sign any statement that contains unsure or speculative content. You can also provide a signed, limited statement that accurately reflects what you observed and mark uncertain items as such. Check your insurance policy or consult an attorney before signing anything that could appear to be an admission of fault.

Potential consequences of signing when unsure

• Signing a sworn statement that contains falsehoods you know to be false can lead to criminal charges for false statements or perjury.
• Signing speculative statements can harm your credibility in later civil litigation or insurance disputes.
• Refusal to sign might make investigation slower or frustrate investigators, but it is preferable to signing an inaccurate or untrue affidavit.

Alabama law and where to look

Alabama law treats knowingly false statements under oath as criminal misconduct. For specific statutory language and criminal provisions, consult the official Alabama Legislature website and search the Code of Alabama for terms such as “perjury,” “false statements,” and “accident reporting.” The Alabama Legislature site is at https://www.legislature.state.al.us/. If you are dealing with a subpoena or court order, consult the Alabama Rules of Civil Procedure and related statutes on the official site or get legal counsel.

Helpful Hints — practical steps after a crash when asked to sign an affidavit

• Do not sign anything you have not read. Ask for time to read and review the document carefully.
• Use clear qualifiers when uncertain: “to the best of my recollection,” “I do not recall the exact time,” or “I cannot say with certainty.”
• Make handwritten corrections on the document and initial them if the preparer agrees, and ask for a copy of the final version before you leave.
• Request an attorney if the officer, an insurer, or another party pressures you to sign a sworn statement and you fear criminal or civil exposure.
• If an affidavit is presented in court or under subpoena, comply with the court order but consult an attorney about asserting any applicable privileges (for example, the right against self-incrimination) or asking for protective orders.
• Keep a contemporaneous record: write down what you remember as soon as possible after the crash, take photos, and gather contact information for witnesses. This preserves your memory and helps you give accurate statements later.
• If you signed a statement and later realize it contains incorrect information, notify the requesting agency or party immediately and provide a corrected statement. Consult an attorney when making corrections to a sworn statement.
• For insurance claims, report the crash to your insurer promptly and be cautious about admitting fault in writing.

When to get a lawyer

Talk to an attorney if:

• You face possible criminal charges arising from the crash.
• You are being asked to sign a detailed sworn affidavit that could be used in litigation against you.
• An insurance company or another driver’s attorney pressures you to sign a statement you believe is inaccurate.

Disclaimer: This article provides general information about Alabama law and is not legal advice. It does not form an attorney-client relationship. For advice about your specific situation, consult a licensed Alabama attorney.