Understanding errors in a signed accident affidavit under Massachusetts law
Disclaimer: This article is for general informational purposes only and is not legal advice. If you need legal advice about a specific situation, consult a licensed Massachusetts attorney.
Detailed answer — possible consequences and how Massachusetts law treats mistakes
When you sign an accident affidavit (for example, a sworn statement about a motor vehicle crash) in Massachusetts, you are certifying that the information is true to the best of your knowledge. The effect of a mistake depends on the nature of the error:
- Minor, innocent errors (typographical mistakes, wrong date format, minor address typos): These typically have no criminal effect and are usually correctable. Insurers, courts, or agencies often allow a corrected affidavit or an explanatory sworn statement clarifying the error.
- Material mistakes that affect liability or damages: If the mistake changes key facts (who caused the crash, who was injured, sequence of events), the statement can affect insurance claim handling and civil disputes. An insurer might investigate further, delay payment, reduce a settlement, or deny coverage if it believes a material misrepresentation occurred.
- Deliberate false statements under oath: Knowingly making a false sworn statement can expose you to criminal charges such as perjury or false swearing. Massachusetts criminal statutes and courts treat knowingly giving false information in sworn documents seriously. See Massachusetts General Laws, Chapter 268 for crimes related to false statements and perjury: https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter268
In addition to criminal exposure, intentional or reckless misstatements can lead to civil consequences: your credibility in court may suffer, you could face a lawsuit for fraud or bad faith, and an insurer could seek to rescind coverage or pursue reimbursement (subrogation) if it paid based on false information.
There are also administrative reporting requirements in Massachusetts for motor vehicle crashes. If you failed to report a crash as required or submitted incorrect information to a government agency, follow-up from the Registry of Motor Vehicles or local law enforcement is possible. For practical guidance on reporting crashes in Massachusetts, see Mass.gov: https://www.mass.gov/guides/report-a-motor-vehicle-crash. For state motor vehicle law generally, see Chapter 90 of the Massachusetts General Laws: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90
Immediate steps to take if you discover a mistake
Act quickly and document what you do. Typical corrective steps include:
- Do not ignore it. Correcting errors promptly reduces the risk of later problems.
- Notify your insurer in writing. Tell your insurance company you discovered an error, explain what was wrong, and provide corrected information and supporting documents (photos, repair bills, police reports).
- Prepare a corrected sworn statement. If the original affidavit was sworn/notarized, execute a new sworn affidavit or an affidavit of correction that explains the error and the accurate facts. Have it notarized like the original.
- If the affidavit was filed in court: File an amended affidavit or a motion to correct the record as the local rules require. If unsure, ask the court clerk how to proceed or consult an attorney.
- Keep records. Keep copies of the original affidavit, the corrected affidavit, and all communications with insurers, attorneys, and government agencies.
- Talk to an attorney if the mistake is material. If the error affects liability, injury claims, or there is a risk of criminal exposure, seek legal advice from a Massachusetts-licensed lawyer right away.
How insurers and courts typically treat corrections
Insurers generally expect honesty. If you promptly admit and correct an innocent mistake and produce supporting documentation, the insurer will often treat this more favorably than if it discovers the issue later. Courts will accept corrected sworn statements when appropriate procedures are followed, especially if the correction is timely and transparently handled.
If a court or insurer believes a false statement was knowing and material, consequences escalate: you may lose credibility, face claim denial, or be subject to civil or criminal remedies.
When to consult a Massachusetts attorney
Consider talking to an attorney if any of the following apply:
- The mistake changes who is at fault or affects significant damages or injury claims.
- An insurer threatens denial or rescission of coverage.
- Law enforcement or prosecutors contact you about the statement.
- You are unsure how to amend a sworn statement that was filed with a court or government agency.
Find local legal help resources and lawyer referral services through Mass.gov and the Massachusetts Bar Association; a lawyer can advise how best to correct a sworn affidavit and protect your interests.
Helpful hints
- Correct errors quickly and in writing. Prompt fixes look more credible.
- When you prepare a corrected affidavit, explicitly identify the original document and state each correction clearly.
- Keep originals and copies of all versions of the affidavit and supporting evidence (photos, receipts, police reports).
- Always be truthful in sworn statements. Honest mistakes are handled differently than intentional falsehoods.
- If a police report exists, obtain a copy and reference it when correcting your affidavit.
- Ask your insurer whether it wants an affidavit of correction or a new sworn statement.
- If the affidavit is in court, ask the clerk about local rules for filing amendments or contact an attorney for procedural help.
- If you worry about criminal exposure, speak to an attorney before giving additional sworn testimony.