Michigan: Refusing to Sign an Affidavit After a Crash — What You Need to Know

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

When You’re Unsure About What You Saw at a Crash: Signing an Affidavit in Michigan

This article explains what you should know if someone asks you to sign an affidavit about a traffic crash in Michigan, and you are uncertain about the details you witnessed.

Detailed Answer

Short answer: you generally can refuse to sign an affidavit if you are unsure of the facts. However, there are important distinctions and consequences you should understand under Michigan law before deciding.

What an affidavit is and why it matters

An affidavit is a written statement that you sign under oath or affirmation, declaring the statement to be true. Signing an affidavit means you are attesting, under penalty of law, that the contents are true to the best of your knowledge. In Michigan, giving a false statement under oath can expose you to criminal liability for perjury. See Michigan law on perjury: MCL § 750.423.

Who can ask you to sign — and who can force you to sign

Police officers, insurance adjusters, attorneys, or parties to a lawsuit may ask you to sign a written statement or affidavit. You are generally not required to sign a document just because someone asks. The notable exception is if a court subpoenas you to provide testimony or to produce a sworn statement. If a court properly compels your testimony or a sworn statement, refusing can lead to contempt or other court actions.

Risks of signing when you are unsure

  • Signing an affidavit that contains inaccurate or guessed details can expose you to criminal charges if the statement is knowingly false.
  • Even unintentional inaccuracies can cause problems in later proceedings (civil or criminal) because courts and investigators rely on sworn statements.
  • If you sign under pressure or without reading, you may lose the ability to correct the record later.

How to handle requests to sign when you are unsure

Follow these practical steps to protect yourself and help the investigation go forward accurately:

  1. Be truthful and clear. Only give details you actually observed. If you are uncertain, say so. Use phrases such as “I do not recall,” “I am not sure,” or “to the best of my recollection.”
  2. Ask to read the document fully. Do not sign until you have read the whole statement and verified it accurately reflects what you observed.
  3. Ask for revisions or add qualifying language. If a drafted affidavit asserts specifics you cannot confirm, request that those parts be removed or modified (for example, add “I did not see the other driver using a phone, I only saw them look down”).
  4. Write your own statement if possible. A concise, unsworn written account that states only what you actually saw and includes qualifiers for uncertainty can be helpful. Keep a dated copy.
  5. Refuse politely if you must. You can say, “I am not comfortable swearing to details I cannot confirm,” and decline to sign. That refusal alone is not a crime in most situations.
  6. If a court issues a subpoena or an order to give a sworn statement, contact an attorney. A court order is different from a voluntary request and may require compliance or a formal objection.
  7. If you are a party to a lawsuit or if insurance claims are involved, consider consulting an attorney before signing any sworn document or recorded statement.

When refusing to sign could bring consequences

If a judge orders you to provide a sworn statement or appear to testify and you disobey, the court may hold you in contempt or otherwise enforce compliance. If law enforcement arrests you under suspicion of providing false information knowingly, that is a different matter and can result in criminal charges. Always treat sworn statements seriously; avoid deliberate misstatements.

Practical example (hypothetical)

Hypothetical: you witnessed a side‑impact crash at an intersection. An insurance adjuster asks you to sign an affidavit stating that the other car ran a red light. You did see the impact and the light but are not sure whether it was red or yellow when the other car entered the intersection. In that situation you should refuse to sign an affidavit that asserts “the other driver ran a red light” if you cannot affirm that fact. Instead, provide a clear account: what you observed (position and movement of vehicles, the time you noticed the signal), and explicitly state any uncertainty about the light color. Ask the adjuster to change the affidavit language or add qualifiers before signing.

Helpful Hints

  • Never guess. If you are unsure, say so — accuracy matters more than completeness.
  • Do not sign a blank or pre‑filled affidavit without reading it word for word.
  • Ask that uncertain items be marked as “unknown” or phrased “to the best of my recollection.”
  • Keep dates, times, and locations precise when you can (e.g., “about 2:15 p.m., northbound on Main Street”).
  • Request a copy of anything you sign and keep it with your records (photographs, notes, contact info of other witnesses).
  • If law enforcement requests a statement, you can give an oral account and later review any written summary before signing.
  • If you receive a subpoena or court order, contact an attorney promptly — courts have procedures and protections for witnesses.
  • When in doubt, get brief legal advice before signing anything that is sworn or that could be used in litigation.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. I am not a lawyer. Laws change and every situation is unique. For advice about your specific situation, consult a qualified attorney licensed in Michigan.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.