Detailed Answer
Short overview: When you sign an affidavit in Missouri about a car accident, you are swearing under oath that the statements in the affidavit are true. Taking a few precautions will reduce the chance of later criminal exposure (for example, a perjury charge) or civil problems. This section explains what an affidavit is, what legal risks exist in Missouri, and practical steps to protect yourself.
What an affidavit is and why it matters
An affidavit is a written statement of facts that you sign in front of an authorized official (usually a notary) and swear or affirm is true. In Missouri, making a false statement under oath can expose you to criminal penalties and may create civil risk if someone is harmed by false testimony. For general statutory guidance on crimes involving false statements and perjury, see the Missouri Revised Statutes, Chapter 575: Mo. Rev. Stat. Ch. 575.
Key legal risks to understand
- Perjury and false declarations: If you knowingly make false statements in an affidavit, Missouri law may treat that as a crime. Always tell the truth to avoid criminal exposure.
- Civil consequences: A deliberately false affidavit can lead to civil lawsuits (for example, if your false statement causes someone to lose money or reputation).
- Not all mistakes are criminal: Honest mistakes, memory lapses, or differences in perception are common and not the same as intentional falsehood. But you should correct mistakes promptly.
Practical steps to protect yourself before you sign
- Limit the affidavit to firsthand observations. Describe only what you personally saw, heard, or physically observed (e.g., “I saw a blue sedan strike the rear bumper of a white SUV at the intersection”). Avoid repeating what others told you unless you clearly label it as hearsay (e.g., “A bystander told me…”).
- Use precise, non-speculative language. Replace guesses with exact wording like “I observed” and “I did not observe.” Avoid speculation about speed, intent, or medical condition unless you have direct knowledge. If you estimate (e.g., speed or distance), identify it as an estimate and explain how you reached it.
- State your level of certainty. If you are not sure about a detail, say so (e.g., “I believe the car was traveling about 30 mph, but I am not certain”).
- Ask to see the final affidavit before signing. Do not sign until you can read the complete document. If the lawyer or insurance company drafts the affidavit, request time to review it and to make corrections.
- Correct errors openly and promptly. If you discover you made a mistake after signing, notify the requesting party and correct the record as soon as possible.
- Do not add qualifiers to excuse deliberate falsehoods. Phrases like “to the best of my knowledge” are useful for honest uncertainty, but they do not protect you if you intentionally assert something false. Know the difference between uncertainty and fabrication.
- Bring documentation if available. Photos, videos, phone records, or contemporaneous notes can support your statements and reduce ambiguity.
- Consider consulting an attorney if unsure. If the affidavit contains complex legal language, admissions of fault, or if you worry the affidavit could expose you to liability, talk to an attorney before signing. A lawyer can explain possible consequences and help you frame truthful, protective language.
- Sign only in front of an authorized official. Missouri requires affidavits to be sworn or affirmed before an official (notary public, for example). Make sure the notary follows proper procedure and that you receive a copy of the signed affidavit.
- Keep a copy and document who requested it. Retain a dated copy of the signed affidavit and note who requested it and for what purpose (insurance, police, civil case).
Sample safe wording (hypothetical)
Examples of neutral, non-speculative phrases you might use in an affidavit:
- “On [date], at approximately [time], I observed Vehicle A (blue sedan) strike Vehicle B (white SUV) at the intersection of X and Y.”
- “I observed that the front bumper of Vehicle A struck the rear bumper of Vehicle B. I did not see brakes applied prior to impact.”
- “I am not a trained accident reconstructionist. Any estimate of speed is my personal impression only.”
These examples show focus on direct observation and clear disclaimers for matters beyond personal knowledge.
What to do if someone asks you to add information you don’t believe
Refuse to sign any affidavit that includes statements you know are false or that you did not personally observe. Tell the requester that you will only sign a statement that accurately reflects your knowledge and recollection. If you feel pressured to sign false statements, consider consulting an attorney and document the pressure (who asked, when, where).
After you sign: correcting or updating the affidavit
If you learn new information that changes your sworn statement, contact the party that received the affidavit and tell them you need to supplement or correct your statement. In litigation, supplemental sworn statements or errata may be necessary; ask what process they will use to update the record.
Reminder about Missouri law: For criminal statutes related to false statements and perjury, consult the Missouri Revised Statutes, Chapter 575: https://revisor.mo.gov/main/OneChapter.aspx?chapter=575. For general court information, see the Missouri Courts website: https://www.courts.mo.gov.
Disclaimer: This article is for informational purposes only and is not legal advice. If you need legal advice about signing an affidavit, contact a licensed attorney in Missouri.
Helpful Hints
- Only state facts you personally observed—no assumptions.
- Ask for time to review the affidavit before signing.
- Say “I am not sure” rather than guessing.
- Keep a dated copy of everything you sign.
- Bring any supporting photos or notes to the notarization.
- If you feel pressured, stop and consult an attorney.
- Correct mistakes quickly and in writing.
- Use plain language; avoid legal conclusions or opinions unless asked and you have expertise.