Detailed Answer — Your Rights and Risks in Indiana

Short answer: yes, you generally may refuse to sign an affidavit or written statement if you are unsure about the facts. Refusing to sign is often the safer choice than signing something that contains incorrect or speculative information. However, whether you can avoid legal consequences depends on context: whether the document is voluntary, whether you are under oath, and whether a court has ordered you to provide sworn testimony.

Voluntary statements and police/insurance requests

If a police officer, insurance adjuster, or a private party asks you to sign a written statement or affidavit after a crash, you are not automatically required to sign. You can:

• Decline to sign until you have read the full text and understand it.
• Refuse to sign any statement that includes words you did not say or facts you cannot confirm.
• Offer a written or recorded account limited to what you actually observed (stick to facts, not speculation).

Sworn affidavits and perjury risk

An affidavit is a written statement sworn to be true. Signing an affidavit that contains false statements can expose you to criminal liability for perjury. Indiana criminal law prohibits knowingly making false statements under oath. See the statute on perjury for the applicable law: Ind. Code § 35-44.1-2 (Perjury). Because of that risk, do not sign an affidavit unless you are confident the facts are accurate or you explicitly limit or qualify the statement.

Subpoenas, court orders, and refusing when compelled

If a court issues a subpoena requiring you to appear and give testimony or to produce a signed affidavit, you have a legal obligation to comply. Refusing a lawful subpoena or court order can lead to contempt proceedings or other court sanctions. Court procedures and subpoena rules are governed by the Indiana trial rules; see the Indiana Trial Rules for more on subpoenas and testimony: Indiana Trial Rules. If a court compels testimony or a sworn statement, seek legal advice promptly.

Practical approach to signing (recommended)

1. Read the entire document slowly. Do not sign a blank or incomplete form.
2. If a sentence is incorrect, cross it out or add a correction in writing and initial it before signing.
3. Use careful language if you must state uncertainty (for example: “To the best of my recollection,” “I saw X but cannot estimate the speed,” or “I do not know how long before/after the impact this occurred”).
4. Ask for time to think and to consult an attorney, especially if your statement could be used in litigation or a criminal investigation.
5. If you are served with a subpoena, contact the issuing attorney or the court clerk for clarification and consult an attorney about your rights and obligations.

When a lawyer or insurance company asks you to sign

In civil cases (insurance claims, lawsuits), parties commonly ask witnesses to sign affidavits or written statements. You are allowed to decline until you are sure what you are signing. If you agree to sign, limit your statement to what you directly observed, and avoid answering based on rumor or secondhand information.

Helpful Hints — Practical Steps After You Witness a Crash

• Do not guess. If you are unsure about a detail, say so plainly: “I don’t know” or “I can’t remember exactly.”
• Write your own contemporaneous notes soon after the crash: time, place, weather, vehicle positions, visible injuries, and exact words (if any) you heard. Date and keep a copy.
• Take photos or video of the scene if it’s safe to do so.
• Get contact information from involved drivers, passengers, and other witnesses (name, phone, email). Offer to exchange contact information if asked to provide a statement later.
• When someone hands you an affidavit, ask for a copy whether you sign or not. If you add corrections, make sure you keep a copy of the corrected version.
• Use qualifiers in written statements: “to the best of my knowledge” or “I observed X but do not know Y.” Qualifiers help avoid accidental misstatements becoming false statements under oath.
• If the matter looks like it will become a court case, consult an attorney before signing anything that might be used in litigation.
• If you receive a subpoena to testify or provide a sworn statement, do not ignore it. Contact the court clerk or an attorney promptly to understand your obligations.