Detailed Answer
Quick summary: If you signed an accident affidavit in Indiana and later discover a mistake, act quickly. Minor, innocent errors can usually be corrected without severe consequences. But knowingly making a false statement can expose you to criminal charges (perjury or false reporting) and civil or insurance problems. The sooner you correct the record and document why the error happened, the better.
What an “accident affidavit” can be
An “accident affidavit” can mean different things: a sworn statement you gave to police after a crash, an affidavit filed in court, or a written statement submitted to an insurance company. How you fix a mistake depends on where the affidavit is filed and how material the error is.
Criminal risk if the mistake is false or intentional
Under Indiana law, intentionally making a false statement under oath can expose you to prosecution. See Indiana Code, Title 35, Article 44, Chapter 2 (Perjury and related offenses): https://iga.in.gov/laws/2024/ic/titles/35/ar44/ch2/. If a prosecutor believes you knowingly swore to a false material fact, they may pursue criminal charges. The key legal distinction is whether the false statement was made knowingly and related to a material fact.
Administrative or traffic-reporting rules
Indiana law also governs reporting and records for vehicle accidents. If your signed statement was a crash report or information provided to law enforcement, there may be reporting rules and administrative consequences for false reports. See Indiana Code, Title 9, Article 26 (accident reporting and duties): https://iga.in.gov/laws/2024/ic/titles/9/ar26/.
Civil and insurance consequences
Insurers and opposing parties may rely on a sworn statement. A material inaccuracy can affect claim payments, liability determinations, and settlement negotiations. If an insurer concludes you intentionally misrepresented facts, it can deny coverage or rescind a claim. If the affidavit is evidence in a civil suit, opposing parties may use the mistake to impeach your credibility.
When a mistake is fixable and how to fix it
Most innocent mistakes are fixable if you act promptly and transparently. Common corrective paths:
- Notify the agency or officer who took the original statement and provide a corrected affidavit or written clarification.
- If the affidavit is part of a court case, file a corrected affidavit or an amendment with the court and serve opposing parties. Courts routinely allow corrections when the change is justified and timely.
- Tell your insurer in writing about the error and provide the corrected facts and documentation supporting the correction.
When you submit a correction, explain why the error occurred (e.g., misremembered detail, transcription error, wrong date) and attach supporting documents or photos if available.
What if the error looks like perjury?
If the error was intentional or could be interpreted as intentionally deceptive, do not try to hide it. Consult an attorney immediately. A lawyer can help evaluate the criminal exposure and work on a strategy—such as negotiating with prosecutors or correcting the record in a controlled way—that minimizes risk.
Practical and legal steps to take right away
- Do not sign another sworn statement that repeats a known falsehood.
- Document when and how you discovered the mistake (emails, notes, timestamps).
- Contact the entity holding the affidavit (police department, court clerk, insurance adjuster) and ask about their process for corrections.
- Provide a written, signed correction or an affidavit of correction that clearly references the original affidavit and identifies each correction.
- If the affidavit is part of a lawsuit or likely to be contested, consult a lawyer before filing corrections or admissions.
Possible outcomes
- Minor innocent correction accepted: corrected affidavit filed, claim proceeds, no penalty.
- Civil consequences: credibility damage, delay in claim resolution, or dispute over liability.
- Insurance action: investigation, denial, or rescission if insurer believes misrepresentation was material and knowing.
- Criminal charges: if a prosecutor proves you knowingly made a materially false sworn statement, you could face prosecution under the perjury statutes cited above.
Bottom line: Mistakes happen. Prompt, transparent corrections, supported by documentation, usually resolve innocent errors. Intentional false statements carry significant risks. When in doubt, consult an attorney.
This is not legal advice. It is educational information about Indiana law. For advice about your specific situation, consult a licensed Indiana attorney.
Helpful Hints
- Act fast: notify the police, court clerk, or insurer as soon as you discover an error.
- Put corrections in writing and keep copies of everything you submit.
- Label corrected documents clearly (for example, “Corrected Affidavit dated [date]”) and reference the original filing.
- Preserve supporting evidence (photos, repair bills, medical records, witness contact info).
- Be factual and avoid speculative statements in any correction.
- Avoid attempting to “fix” matters by deleting or altering original documents—doing so can create more serious problems.
- If the mistake may be seen as intentional, speak to an attorney before communicating further.
- Use the official statute resources for reference: Perjury and related offenses: https://iga.in.gov/laws/2024/ic/titles/35/ar44/ch2/; Accident reporting: https://iga.in.gov/laws/2024/ic/titles/9/ar26/.