How to Fix and Respond to Errors in a Signed Accident Affidavit in Missouri
Detailed Answer
If you signed an accident affidavit in Missouri and later discover a mistake, the right response depends on whether the mistake was innocent (a clerical error, wrong date, wrong vehicle color) or deliberate (knowingly misstating facts). Missouri treats knowingly false statements made under oath as potentially criminal. See Missouri law on perjury for the legal standard: Mo. Rev. Stat. §575.030. For context on offenses against public administration (including false statements), see Chapter 575: Mo. Rev. Stat. Chapter 575.
Common practical consequences of an incorrect affidavit include:
- Insurance problems: your insurer may deny part or all of a claim, delay payment, or investigate for fraud if the affidavit contains material falsehoods.
- Civil exposure: the other party may use your inconsistent statements against you in court or settlement negotiations.
- Criminal exposure: knowingly making a false statement under oath can lead to criminal charges (perjury or related offenses) under Missouri law.
What to do right away
- Don’t ignore it. Fixing an innocent mistake quickly reduces risk.
- Identify the nature of the error. Was it a typo, a misplaced decimal, the wrong time, or a fact that changes the substance of the affidavit?
- Contact the recipient. If the affidavit went to your insurer, tell your claims adjuster that you discovered an error and ask their process for submitting a correction. If it went to a court or the police, contact the clerk or the law enforcement agency and ask how to file an amended statement or corrected report.
- Prepare a corrected sworn statement. In many cases you can sign a short, separate notarized affidavit that clearly identifies the original document (date, parties, and where it was filed) and states the corrected facts. Mark that it is a correction to the earlier affidavit.
- Keep records. Keep copies of the original affidavit, the correction, and all communications about the correction.
- If you believe you might be accused of intentionally lying, or if the issue involves serious injuries, criminal liability, or large insurance exposure, consult an attorney before you submit any new sworn statement.
How courts and insurers treat corrections
Courts and insurers recognize that people sometimes make honest mistakes. A prompt, clearly worded correction that is consistent with other evidence (photos, medical records, repair estimates) usually resolves the issue. However, if the corrected statement contradicts other evidence or appears designed to mislead, the insurer or opposing party may challenge your credibility or pursue legal remedies.
When a mistake can become a criminal problem
If you intentionally include false information in an affidavit knowing it is false, Missouri law allows criminal prosecution for perjury or related offenses. Prosecutors evaluate whether the false statement was material to the proceeding and whether it was made knowingly. For the statutory language, see Mo. Rev. Stat. §575.030.
When to talk to an attorney
Speak to a lawyer promptly if any of the following apply:
- The corrected facts would change who is at fault or materially affect an insurance claim.
- Someone has accused you of filing a false affidavit or insurance fraud.
- The matter might result in criminal charges, significant civil exposure, or denial of an important claim.
- You are unsure how to file a proper corrected sworn statement.
Hypothetical Illustration
Example: You signed an affidavit saying the other driver ran a red light. Later, you review dash-cam footage and realize the light was yellow when the collision happened. If you honestly misremembered when signing, contact your insurer and the police, prepare a short notarized affidavit explaining the correction, attach the dash-cam clip if available, and keep records. If you knowingly lied about the light to shift blame, you risk criminal charges and severe civil consequences; contact an attorney immediately.
Helpful Hints
- Act quickly. A prompt correction looks more credible than waiting.
- Be specific in corrections: identify the original affidavit by date and where it was filed, then state the precise correction.
- Use a notarized correction if the original was sworn. That keeps the record consistent.
- Preserve evidence (photos, videos, repair receipts, medical notes) to support the corrected facts.
- Tell your insurance company about the correction in writing and ask for acknowledgement of receipt.
- Don’t sign new sworn statements under pressure. If you feel uncertain, ask to speak with an attorney first.