Detailed Answer

Short answer: In Montana, an innocent, minor mistake in a signed accident affidavit can usually be corrected if you act promptly. Intentionally giving false statements in a sworn affidavit, however, can expose you to serious civil and criminal consequences. This article explains the common types of corrections, practical steps to fix errors, and the potential legal risks under Montana law.

What an “accident affidavit” typically is

An “accident affidavit” is a written, often sworn, statement describing facts about a crash (who was involved, what happened, where, and when). People sign these affidavits when reporting to an insurer, to a court, or under oath in a legal proceeding. When signed under oath or before a notary, the affidavit becomes a sworn statement and carries extra legal weight.

When a mistake is “minor” vs. when it is a serious problem

• Minor, accidental errors include typographical mistakes, small date/time inaccuracies, or accidentally transposing vehicle colors. These are usually fixable by filing a corrected affidavit or an affidavit of correction and by notifying the other parties (insurer, court, or opposing party).
• Material or intentional misstatements include lies about who caused the crash, false injury claims, or fabricating events. Knowingly making false statements in a sworn affidavit can lead to criminal charges and civil penalties.

How to correct a mistaken signed affidavit in Montana

1. Do not ignore the error. Prompt correction reduces the risk of misunderstandings and shows good faith.
2. Contact the entity that received the original affidavit. If you gave it to your insurer, call your claims adjuster. If it was filed in court, contact the court clerk or your lawyer about filing an amended affidavit or an affidavit of correction.
3. Prepare a corrected affidavit or an affidavit of correction. The corrected document should state clearly what was wrong in the original, give the accurate information, and explain that you are correcting a prior sworn statement. Sign it and have it notarized if the original was sworn.
4. File or serve the correction where required. File the corrected affidavit with the court clerk, send it to the insurer, and provide copies to any other relevant parties. Keep proof of mailing or filing.
5. Preserve evidence that supports the correction. Keep photos, medical records, repair estimates, and any communications that show the reason the original statement was wrong.
6. Consider seeking legal advice before correcting statements in litigation or criminal matters. If the mistake bears on liability or was made in the context of a contested case, an attorney can help you correct the record in a way that minimizes exposure.

Potential legal consequences in Montana

Montana law treats intentional false statements under oath seriously. Knowingly making false statements in a sworn affidavit can expose you to criminal charges (for example, perjury or similar offenses under Montana criminal law) and to civil penalties such as dismissal of claims, loss of credibility in court, or adverse insurance actions (including denial of coverage or allegations of insurance fraud).

For authoritative state law texts and criminal statutes, see the Montana Code Annotated on the Montana Legislature site: Montana Code Annotated (MCA).

What to do right now if you just discovered a mistake

• Stop and document what you discovered and when.
• Make a short, clear corrected affidavit or affidavit of correction stating the original error and giving the accurate facts. Sign and notarize if required.
• Send the correction to any recipients of the original affidavit (insurer, court, other parties) and keep copies and proof of delivery.
• If you think the error could be viewed as material or if someone has already accused you of lying, consult an attorney promptly.

Practical examples (hypothetical)

Example A — Minor clerical error: You signed an affidavit that listed the wrong model year for your car. Solution: Draft an affidavit of correction that states the original mistake, gives the correct model year, and is signed and notarized. Send it to the insurer and county/court if applicable.

Example B — Conflicting fault statement: You signed an affidavit saying you were not at fault but later find new video showing you contributed to the collision. Solution: Do not ignore the video. Prepare a corrected sworn statement, notify your insurer, and talk with a lawyer to manage liability and coverage risks.

Resources and state contacts

• Montana Code Annotated (statutes): https://leg.mt.gov/bills/mca_toc/
• Montana Secretary of State — Notary public information: https://sosmt.gov/notary/
• Montana Department of Justice (general): https://dojmt.gov/
• Montana Commissioner of Securities and Insurance (consumer insurance help): https://csimt.gov/
• Montana Courts (filing with court clerks, court rules): https://courts.mt.gov/

Helpful Hints

• Correct errors promptly and in writing. Prompt action reduces suspicion of bad faith.
• Keep all original and corrected documents. Maintain a chain of custody for physical evidence like photos or video.
• If your statement was sworn or notarized, make the corrected affidavit sworn/notarized as well.
• Notify your insurer in writing when you submit a correction to avoid later disputes about disclosure.
• When in doubt about whether an error is “material,” contact a lawyer. Materiality depends on how the error affects fault, damages, coverage, or credibility.
• Avoid making multiple, inconsistent sworn statements. If you must amend your sworn statement, explain clearly why the change was necessary.

Disclaimer: This is general information about Montana law and is not legal advice. It does not create an attorney-client relationship. For help applying these ideas to your situation, consider contacting a licensed Montana attorney.