Short answer
You can generally refuse to sign an affidavit if you are unsure about the facts. An affidavit is a sworn statement. Signing it means you are attesting under oath that its contents are true. If you cannot honestly swear to those facts, do not sign. If a court compels you to provide sworn testimony, different rules and consequences may apply — see “When a court or subpoena is involved” below.
Detailed answer — how this works in Kentucky
What an affidavit is and why signing matters
An affidavit is a written statement made under oath. When you sign, you confirm the statement is true to the best of your knowledge and you are subject to penalties if you knowingly give false information. Kentucky law treats knowingly false sworn statements seriously. For more on Kentucky statutes, see the Kentucky Revised Statutes index: https://apps.legislature.ky.gov/law/statutes/.
As a witness at a crash: do you have to sign?
If police officers, insurance adjusters, or private parties ask you to sign an affidavit or written statement about what you saw, you are generally not legally required to sign in that moment. You may provide a voluntary account, but you can also say you are unsure of details and decline to sign until you are certain the wording matches your actual recollection.
Why refusing can be the right choice
Signing while uncertain can create problems later. If the affidavit contains incorrect details and you signed under oath, you could face accusations of making a false sworn statement. Even if no criminal charge follows, an inaccurate affidavit can harm your credibility as a witness and cause legal complications for others. It is better to give truthful, limited answers than to guess.
When you might be required to provide sworn testimony
A difference exists between a voluntary affidavit and a court-ordered statement. If you receive a subpoena to testify or to produce a sworn statement in court or as part of formal discovery, you must comply. In that setting you must answer truthfully, but you may say “I don’t remember” or “I don’t know” when that is accurate. Refusing a lawful court order can have consequences such as contempt. If you’re unsure whether a document is mandatory, ask whether it was issued under court order or subpoena.
Practical alternatives if asked to sign and you’re unsure
- Tell the requester you are not certain about specific details and that you will not sign until the statement reflects only what you know.
- Offer to provide a written account in your own words that uses qualifiers such as “to the best of my recollection” or “I believe.” That can reduce the likelihood the statement will be treated as a precise sworn timeline.
- Mark corrections or add your own handwritten notes or clarifications before signing. If anything is wrong, refuse to sign until changes are made.
- Ask for time to review the statement, consult with an attorney, or compare notes (photos, phone records) before signing.
Consequences of signing something inaccurate
Signing a sworn statement that you know to be false can expose you to criminal charges for making a false statement under oath under Kentucky law. Even an innocent mistake can create legal complications in civil cases (disputed testimony, credibility questions) and insurance claims. If you realize after signing that a factual error exists, notify the party who holds the statement and seek to correct it in writing as soon as possible.
If pressure or intimidation occurs
If an officer, investigator, or insurance representative pressures you to sign or threatens consequences for not signing, remain calm. Ask whether signing is required by a court order. You may politely refuse on the basis that you cannot truthfully attest to uncertain details. If you feel threatened, consider asking to speak with an attorney before signing anything.
When to consult an attorney
Talk to a Kentucky attorney if any of the following apply: you are asked to sign a sworn statement that could expose you to legal liability; you were a participant in the crash rather than a neutral witness; a subpoena or court order directs you to provide sworn testimony; or you are unsure how your statement could affect a criminal or civil case. An attorney can advise you on how to limit risk and how to respond to court orders.
Important: This summary explains common principles under Kentucky law and practice. For the exact criminal statutes and penalties that apply to false statements, consult the Kentucky Revised Statutes at https://apps.legislature.ky.gov/law/statutes/ or seek a Kentucky attorney.
When an officer asks you to sign a police report
Police reports often include a witness signature line acknowledging you gave a statement or reviewed a short summary. Signing to acknowledge you gave a statement is different from swearing an affidavit. If the document is clearly an affidavit (it will mention being sworn or contain an oath), treat it as a sworn statement and follow the guidance above. If it is only an acknowledgment, you can ask to read the exact language you would be signing.