Illinois — Refusing to Sign a Statement or Affidavit After a Crash | Illinois Estate Planning

Detailed Answer

This answer explains what to do if an officer, insurance company, or other party asks you to sign a written statement about a motor-vehicle crash in Illinois and you are not sure about the details you observed. It is written for people with no legal background and summarizes practical steps, typical legal risks, and how Illinois law relates to signing statements after a crash. This is educational information only and not legal advice.

Can you refuse to sign?

Yes. You generally may decline to sign a written statement, affidavit, or crash report if you are unsure of the facts. You have the right to avoid making a definitive sworn statement when you lack confidence in the accuracy of the information. Refusing to sign is usually allowed so long as you still meet any legal duties that apply at the scene (for example, exchanging information or providing medical assistance where required).

Why declining can be the safer choice

Signing a statement that contains inaccurate or uncertain details can be risky. If a signed statement is submitted as a sworn affidavit or is taken under oath, knowingly giving false information can expose you to criminal penalties for false statements or perjury. Illinois criminal statutes prohibit knowingly making false statements under oath; providing inaccurate sworn testimony can lead to serious consequences. For background on statutory perjury provisions, see the Illinois Criminal Code (720 ILCS 5), which governs false statements and related offenses.

What steps to take at the scene

Do not sign anything you have not read or do not understand. Ask to read the full document first.
If a question concerns something you are unsure about, say so. Use phrases such as “I don’t know,” “I’m not sure,” or “To the best of my recollection” rather than guessing.
If asked to sign a form, ask whether the signature is an oath or merely acknowledgment of having reviewed the form. Acknowledging receipt is different from swearing to the truth of everything in the document.
Ask for time or request to see the final written statement before you sign. You can request the officer or the reporter to put your exact words in the statement or to note where you are uncertain.
Take pictures and write down your observations, including approximate times, weather, and what you actually saw. These contemporaneous notes can help later.

When refusal might cause problems

Refusing to sign is normally permitted, but there are context-specific duties to be aware of under the Illinois Vehicle Code, such as duties to stop, exchange information, and report certain types of crashes. For example, Illinois law requires drivers involved in accidents that cause injury, death, or significant property damage to stop and provide information and assistance. See the Illinois Vehicle Code on duties after an accident (e.g., 625 ILCS 5). Failing to meet those statutory duties (not the same as refusing to sign a statement) can carry penalties.

How to sign responsibly if you choose to sign

Only sign documents that accurately reflect your first-hand observations.
Where appropriate, add qualifiers such as “to the best of my knowledge” or “I observed X at approximately 3:15 p.m., although I did not see the entire event.”
Cross out inaccurate sentences and add corrections in writing, then initial the changes.
Ask for and keep a copy of anything you sign.

When to get legal help

Consider contacting an attorney when:

Someone pressures you to sign a sworn statement you think is untrue.
The crash involved serious injury, death, contested fault, or potential criminal charges.
An insurance company or a lawyer requests a recorded statement or an affidavit and you are unsure about legal exposure.

Useful Illinois statutory references

Relevant Illinois laws you may want to review or mention to officials include the vehicle-code duties after a crash and state criminal provisions about false statements. For the vehicle-code duties after an accident, see the Illinois Vehicle Code (625 ILCS 5). For criminal offenses involving false statements and perjury, consult the Illinois Criminal Code (720 ILCS 5). You can find the compiled Illinois statutes at the Illinois General Assembly website: https://www.ilga.gov.

Bottom line

You may refuse to sign a written statement or affidavit if you are uncertain about the details you observed. It is usually better to be cautious: say you are unsure, ask to review any written statement first, and avoid guessing. If you face pressure, criminal exposure, or complex civil consequences, seek legal advice before making a sworn statement.

Disclaimer: This information is educational only and does not constitute legal advice. Laws change and your situation may have special facts that alter the legal outcome. If you need legal advice about a particular incident, consult a licensed Illinois attorney.

Helpful Hints

Say “I don’t know” instead of guessing. Courts and insurers prefer precise statements.
Ask whether your signature will be sworn under oath; ask for the exact legal effect before signing.
Request time to review or consult counsel before signing anything labeled an affidavit or sworn statement.
Take photos and write down what you saw while details are fresh; include times, locations, and weather.
Keep a copy of any statement you sign. If you make corrections, initial them and get a copy of the corrected version.
Refuse recorded or sworn statements if you feel pressured; politely state you will provide a written account later or consult an attorney.
If you suspect criminal investigation or are accused of wrongdoing, stop giving statements and speak to an attorney first.
If the incident resulted in injury or death, prioritize safety and required statutory duties (helping injured persons, calling police, exchanging information).