Detailed Answer — how Michigan law treats mistakes in sworn accident affidavits

If you signed an accident affidavit in Michigan that contains an error, what happens next depends on whether the error was honest or intentional. An affidavit is a sworn statement, so knowingly making a false statement can expose you to criminal liability. Under Michigan law, knowingly making a false statement under oath can lead to perjury charges. See Michigan’s perjury statute: MCL 750.423.

That said, honest mistakes are common. Courts, insurers, and other parties generally treat inadvertent errors differently from intentional falsehoods. If the incorrect information was a simple clerical error, misremembered detail, or typo, you usually can correct it without criminal consequences by promptly taking the proper corrective steps described below.

Key distinctions

• Innocent mistake: Likely resolved by filing a corrected affidavit or amendment, notifying affected parties, and providing supporting evidence.
• Material falsehood made knowingly: Could lead to criminal investigation or charges for perjury or insurance fraud, and may lead to civil consequences such as denial of claims or claim rescission.
• Materiality: Minor typographical errors that do not change the substance of the statement are less likely to cause serious problems than false statements about who was at fault, the sequence of events, or injuries.

Practical steps to fix an innocent mistake

If the mistake was innocent, act quickly and carefully:

1. Do not destroy the original: Keep the original affidavit. Do not try to alter it yourself. Altering a sworn document can create additional legal problems.
2. Create a corrected affidavit: Prepare a new affidavit that clearly identifies the original document (date signed, who it was given to) and states the correction(s). Include a short statement explaining the reason for the correction (e.g., typographical error, memory error).
3. Sign under oath: Sign and swear to the corrected affidavit before a notary or authorized official, just as with the original.
4. Notify all relevant parties: Send the corrected affidavit to the same parties who received the original (court clerk if filed, your insurer, opposing parties or their counsel). Keep proof of delivery.
5. File a formal amendment if required: If the affidavit was filed in court, you may need to file a motion to amend or a notice of corrected filing under the Michigan court rules. Check with the court clerk or an attorney about local procedures.
6. Document supporting evidence: Gather and preserve any photos, receipts, phone records, or witness contact information that supports the corrected facts.

What if someone accuses you of lying or the insurer alleges fraud?

If the insurer, another party, or law enforcement suggests the error was intentional, take these precautions:

• Stop giving detailed statements to investigators or insurers until you consult an attorney.
• Contact a Michigan attorney promptly to discuss your exposure and defense.
• Provide your attorney with all originals, corrected affidavits, and supporting records.

Possible consequences

• For innocent mistakes: Typically, a corrected affidavit and supporting documents resolve the matter with minor administrative work.
• For knowing false statements: Potential criminal charges (see MCL 750.423), possible civil liability, and insurer actions such as claim denial or referral for fraud investigation.

Helpful Hints — practical tips for Michigan residents

• Act fast. Prompt corrections look more credible and reduce the chance of disputes.
• Label the new affidavit clearly as a “Corrected Affidavit” and reference the original affidavit’s date and recipient.
• Explain the error briefly and plainly—don’t add new contested facts unless you have evidence.
• Keep copies of everything and proof of delivery (certified mail, email receipts, or court filing receipts).
• If the affidavit was part of a court case, ask the court clerk about local rules for amending filed affidavits or pleadings.
• If the affidavit relates to an insurance claim, notify your insurer of the correction and provide the corrected affidavit and evidence.
• If you fear criminal exposure or receive a demand letter or subpoena, contact a Michigan criminal defense or civil litigation attorney immediately.
• When in doubt, seek counsel before making statements to police or insurers—an attorney can protect your rights and help you correct errors safely.