How to Handle a Mistake in a Signed Accident Affidavit in Nebraska

Short answer: If you discover an error in a signed, sworn accident affidavit in Nebraska, act quickly to correct it. Minor clerical errors often can be fixed with a sworn amendment or clarification. Willfully providing false information, however, can carry civil and criminal consequences. Always notify the relevant parties (police, insurer, and court if applicable) and consider consulting an attorney before filing a correction.

What an affidavit is and why accuracy matters

An affidavit is a written statement made under oath. When you sign one, you are swearing the facts are true to the best of your knowledge. Because an affidavit is sworn, courts, insurers, and law enforcement treat it as stronger evidence than a casual written statement. That’s why even honest mistakes should be corrected promptly and deliberate false statements can lead to serious consequences.

Types of mistakes and likely outcomes

• Minor clerical errors (typos, transposed digits, wrong time by a few minutes): Usually corrected by submitting a signed, sworn clarification or amended affidavit. These rarely cause legal penalties if corrected promptly.
• Factual mistakes you made in good faith (misremembering a non-essential detail): Courts and insurers expect human memory to be imperfect. You should correct the record as soon as you realize the error and be prepared to explain why the mistake happened.
• Material, knowingly false statements (deliberately lying about who caused a crash, injuries, or property damage): This can lead to criminal charges, hurt your credibility, and have civil consequences like denial of insurance claims or exposure to fraud liability.

Immediate steps to take if you find an error

1. Stop and review the original affidavit to confirm exactly what is wrong.
2. Do not destroy the original. Keep copies of the original and any new documents.
3. Contact the entity that received the affidavit (police department, county court, or your insurance company). Ask how they prefer corrections to be filed.
4. Prepare a short, clear corrected affidavit or an affidavit of correction that explains the original mistake and states the corrected facts. Sign it under oath in front of an authorized official (notary or clerk) if the original required a sworn signature.
5. File or deliver the corrected affidavit to the same places that got the original, and keep proof of delivery.
6. If anyone asks about the change, explain you made a good‑faith correction. If the mistake could be seen as material or intentional, contact an attorney before making further statements.

Possible legal consequences under Nebraska law

Two broad categories of consequence are common:

• Criminal: Knowingly making a false sworn statement may expose a person to criminal charges under Nebraska’s criminal statutes (see the state statutes on crimes for details). Criminal charges depend on the nature and significance of the false statement and whether the state can prove intent to deceive. For a general overview of Nebraska criminal law chapters, see the Nebraska Legislature’s statutes: Crimes and Punishments (Chapter 28).
• Civil and administrative: An insurer may deny a claim or seek reimbursement if it determines a sworn statement contained dishonest information. Courts may give less weight to your testimony if you have made inconsistent sworn statements. Agencies and licensing boards may take disciplinary steps in some circumstances.

Correcting an affidavit in ongoing cases or investigations

If the affidavit is part of an open police investigation or court case, corrections should follow procedures set by the investigating agency or the court. In criminal or civil cases, an attorney can advise whether to notify the prosecutor, the judge, or opposing counsel and how to submit the corrected statement in a way that minimizes problems.

When to consult an attorney

Contact a lawyer promptly if:

• The incorrect statement could change who is legally at fault in the accident.
• The mistake involves injuries, death, or significant property damage.
• A prosecutor or insurer has raised questions about your affidavit’s truthfulness.
• You are unsure how to amend the sworn statement without exposing yourself to legal risk.

Practical example

Hypothetical: You signed an accident affidavit and later realize you mistakenly wrote the wrong house number for the location. This is a minor clerical error. You should prepare a short sworn correction describing the mistake and the correct address, sign it before a notary, and send it to the police department and your insurer with a brief explanation. Keep copies. No criminal action is likely if you correct it quickly and honestly.

Where to find Nebraska laws and official guidance

Look up specific statutes and procedural rules at the Nebraska Legislature website: nebraskalegislature.gov. For motor vehicle and accident-related administrative information, see the Nebraska DMV: dmv.nebraska.gov. If you need the criminal statutes related to false statements, consult Chapter 28 at nebraskalegislature.gov/laws/browse-chapters.php?chapter=28.

Helpful Hints

• Act quickly. Prompt corrections look more credible and reduce the chance of legal trouble.
• Keep originals. Never destroy the original affidavit; preserve it with time-stamped copies of any corrections.
• Be factual and concise in your correction. Explain the specific error and state the accurate fact.
• Notify all parties who received the original (police, insurer, court). Confirm how they want corrections filed.
• Use a notary or authorized official when signing any amended or corrective affidavit to match the original sworn formality.
• Do not attempt to hide or alter documents to cover an error. That can create more serious criminal exposure.
• If the error is more than a clerical mistake, get legal advice before submitting changes.

Disclaimer: This article explains general principles under Nebraska law and is for informational purposes only. It does not create an attorney-client relationship and is not legal advice. For advice tailored to your situation, consult a licensed Nebraska attorney.