Can I refuse to sign an affidavit if I’m unsure about the details I saw in the crash?

Quick answer: Yes — you generally may refuse to sign an affidavit if you are unsure about details. You should not sign a sworn statement you know (or believe) is wrong. However, if you sign anything sworn that contains false statements you made knowingly, you may face criminal penalties. If you are subpoenaed to testify, you must appear and speak truthfully. This article explains your rights, practical steps, and what Montana law says about false sworn statements.

Detailed answer

This section explains what an affidavit is, the difference between an affidavit and an informal statement, your options when asked to sign one after a crash, and the legal risks of signing something you don’t believe to be accurate.

What is an affidavit?

An affidavit is a written statement of facts that you declare to be true under oath. Because it is sworn, an affidavit can be used in court and government processes. Signing an affidavit means you are attesting that the facts contained are true to the best of your knowledge — and in many jurisdictions, doing so while knowingly providing false information can lead to criminal charges.

I’m unsure about what I saw. Can I refuse to sign?

Yes. You may refuse to sign. It is reasonable and wise to decline to sign any sworn document if you are not confident that every factual statement is accurate. Instead, you can:

• Offer to give an unsworn written or recorded statement describing only what you observed.
• Give an affidavit that uses clearly qualified language — for example, say “to the best of my recollection,” or “I observed the following, although I am not sure of the exact time/position/vehicle color.” — but only if you are comfortable with the content.
• Ask that the officer or party prepare a draft and give you time to review it or consult a lawyer before signing.
• Decline politely and state that you are “not certain” about specific details (e.g., “I am not sure of the license plate number,” “I could not tell whether the driver looked impaired”). Put those uncertainties on the record if possible.

Why not sign an affidavit if unsure?

Signing a sworn affidavit when you know the facts are incorrect, or when you intentionally mislead, can expose you to prosecution for false swearing or perjury. Even if you signed because you were pressured, prosecutors may consider whether you knowingly made a false statement. Montana law makes it an offense to knowingly make false statements under oath (see Montana statutes on false swearing and perjury; see resources below).

What if police or an insurance adjuster pressures me to sign?

Do not sign under pressure. You can say: “I want to be accurate. I don’t want to sign anything I am unsure about. Please record my statement as ‘to the best of my recollection’ and allow me to review the written statement before swearing to it.” If an officer insists you must sign, ask whether the document is sworn. If it is sworn, explain you will not sign until you can confirm the facts. If they insist you must provide identifying information (name, address) as part of a lawful investigation, provide what is legally required but avoid swearing to details you do not know.

What if I already signed and later realized I was wrong?

If you signed an affidavit and later realize a factual error, contact the party who took the affidavit (police, prosecutor, or attorney) immediately and tell them you need to correct or clarify your statement. If necessary, provide a corrected sworn statement or be available to testify and explain the mistake. Prompt correction helps reduce the risk of criminal exposure and improves the accuracy of the record.

What if I’m subpoenaed to testify?

A subpoena is a court order that requires your presence to give testimony. You cannot refuse a valid subpoena; failing to appear can lead to contempt sanctions or other legal consequences. If you appear under subpoena, you must answer truthfully. If you genuinely do not remember or are unsure about a fact, say so — the obligation is to testify truthfully, not to guess.

Montana law: false sworn statements and penalties

Under Montana criminal law, making a false statement under oath can be a crime. Montana statutes criminalize knowingly making false statements in sworn documents or to public officials. For details and exact language, consult the Montana Code Annotated sections concerning false swearing and perjury. You can search the Montana Code for the relevant provisions here: Montana Code Annotated (MCA) – Table of Contents. Look under titles dealing with crimes and public duties (for example, the chapters on offenses against public justice).

Practical example (hypothetical)

Suppose you witnessed a T-bone crash at an intersection. You are not sure which lane the other car approached from and you can’t remember the license plate. If asked to sign an affidavit that states the other car ran a red light and gives a plate number, you should decline to sign. Instead, say: “I observed a collision at the intersection and saw a light change, but I cannot be sure which vehicle had the red light. I did not see the full license plate.” Offer to provide an unsworn written account and to clarify later if your memory improves or you view video evidence.

Helpful Hints

• Do not sign a sworn affidavit you know is false. You risk criminal liability.
• If unsure, use qualifying language (“to the best of my recollection,” “I do not recall the exact time”).
• Ask for time to read any written statement and request a copy before or after signing.
• Provide an unsworn written statement or recorded interview if you prefer not to swear to the content.
• If an official asks you to sign under threat, calmly decline and ask for the name and badge number of the official; record the interaction as you can.
• If you are subpoenaed to testify, attend and tell the truth; say you don’t remember when appropriate.
• If you already signed and discover an error, contact the taking authority promptly to correct it in writing.
• If you feel pressured or worried about legal exposure, consider contacting an attorney for advice before signing or after you have signed.

Where to find Montana statutes and help

Search the Montana Code Annotated at the Montana Legislature website to read exact statutory language about sworn statements, false swearing, and related offenses: https://leg.mt.gov/bills/mca_toc/. If you were involved in a crash and fear legal consequences from a statement, consider speaking with a local attorney for specific advice about your situation.

Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about your specific situation under Montana law, consult a licensed Montana attorney.