What to do if you discover an error in a signed accident affidavit in Minnesota

If you signed an accident affidavit in Minnesota and later realize you made a mistake, the outcome depends on whether the error was an innocent clerical mistake or a knowingly false / material statement. This FAQ-style guide explains likely consequences, immediate steps to fix the record, and when to get legal help.

Detailed answer

1. Types of mistakes and why the difference matters

Errors fall into two broad categories:

• Innocent or clerical mistakes. Examples: wrong time entered, transposed phone digits, misstated vehicle color, or an incorrect mileage estimate. These mistakes are common and usually fixable.
• Material or intentional false statements. Examples: falsely saying you were stopped when you were not, denying fault knowing you were at fault, or inventing injuries or damage. Those can have serious civil and criminal consequences.

2. Immediate legal risks

Minnesota law requires drivers to stop and exchange information and to report certain crashes; making knowingly false statements about a crash can expose you to criminal penalties. For example, Minnesota law governing duties after a crash is at Minn. Stat. § 169.09 (duty to stop and give information). Criminal penalties for knowingly false sworn statements (perjury) are governed by Minn. Stat. § 609.48. If a mistaken affidavit contains an intentional falsehood, prosecutors may pursue charges under applicable criminal statutes.

Links: Minn. Stat. § 169.09, Minn. Stat. § 609.48.

3. Practical consequences (civil and administrative)

• Insurance: The insurer may investigate. Innocent corrections are usually accepted; intentional or material misstatements can lead to claim denial, policy cancellation, or a fraud referral.
• Court cases: If the affidavit is part of a lawsuit or court filing, a false statement can damage your credibility and lead to sanctions, adverse judgment, or criminal referral.
• Criminal exposure: Knowingly making a false sworn statement can result in prosecution and penalties under Minnesota criminal law.

4. How to correct an innocent mistake (recommended steps)

1. Act quickly. The sooner you correct the record, the less likely the error causes trouble.
2. Contact the party that has the affidavit. If you gave the affidavit to your insurance company, call your claims adjuster and follow up in writing with a corrected affidavit or an explanation. If you signed it for a police report, contact the law enforcement agency that took the statement and ask how to submit a correction or supplemental statement.
3. Put the correction in writing. Prepare a clear, dated, and signed corrected affidavit or supplemental statement that explains the original mistake and your corrected facts. Keep copies of both documents and any correspondence.
4. Provide supporting evidence. Attach photos, repair estimates, diaries, or witness contact information that support the corrected version.
5. If the affidavit was filed in court, follow court procedure. File a corrected affidavit or a motion to amend the record according to the court’s rules. Courts generally permit honest corrections if handled promptly and transparently.

5. If you think your mistake could be viewed as intentional

If you believe the error could be characterized as knowingly false or if law enforcement says they will investigate, stop making further statements without legal advice. Contact a lawyer promptly. An attorney can advise whether to provide a corrected affidavit and how to do so in a way that minimizes your legal risk.

6. What to expect after you correct the error

• Insurers and agencies often accept straightforward corrections and update their files.
• If a third party disputes the correction, expect an investigation and possibly a request for more documentation or statements.
• If criminal or civil action already began, corrections may not prevent consequences but can be important to show you acted in good faith.

Helpful hints

• Correct the record as soon as you notice an error; prompt correction shows good faith.
• Always create a short written explanation that (1) identifies the original affidavit, (2) states the exact error, and (3) gives the corrected information.
• Keep copies of all versions of statements, corrections, and correspondence with insurers, police, or courts.
• Gather independent supporting evidence: photos, repair bills, medical records, and witness contact information help resolve disputes quickly.
• Tell your insurer and the police (if involved) about the correction. Ask how they will document the corrected information in their files.
• If the mistake may be viewed as deliberate or if you are contacted about criminal investigation, consult a lawyer before making further statements.
• When in doubt about court filings or how to amend sworn statements, speak with an attorney who handles Minnesota traffic, insurance, or civil litigation matters.

Quick reference — Minnesota law

Key Minnesota statutes to be aware of when dealing with crash statements:

• Minn. Stat. § 169.09 — duty to stop, render aid, and report certain crashes.
• Minn. Stat. § 609.48 — criminal penalties for knowingly making false sworn statements (perjury).

Disclaimer: This article explains general legal concepts under Minnesota law and is for informational purposes only. It is not legal advice. If you need advice about a specific situation, consult a licensed Minnesota attorney.