What happens if I make a mistake in a signed accident affidavit?

Short answer: In New Hampshire, a minor, inadvertent mistake in a signed accident affidavit can usually be corrected by promptly notifying the insurer or the court and submitting a corrected or supplemental affidavit. But deliberate or material false statements can lead to serious civil and criminal consequences, including claim denial, policy cancellation, civil liability, or criminal charges such as perjury or insurance fraud. This page explains what to do, what to expect, and how to reduce your risk.

Detailed answer

1. What an “accident affidavit” is

An accident affidavit is a written, sworn statement that describes the facts of a motor-vehicle accident (how it happened, who was involved, what damage or injuries occurred). It may be filed with an insurance company, given to the other driver, or submitted to a court. Because it is sworn, the information you provide is expected to be truthful and accurate to the best of your knowledge.

2. Types of mistakes and why they matter

• Clerical or typographical errors: Misspelled names, wrong date format, or small number transpositions. These are usually harmless and easy to correct.
• Minor factual mistakes: Small memory errors (e.g., stating a vehicle color incorrectly) that do not change the overall account often can be corrected with a supplemental statement.
• Material mistakes: Errors that affect fault, cause of the crash, extent of injury, or other central facts may affect coverage, the outcome of a claim, or litigation strategy.
• Intentional falsehoods: Deliberately lying on a sworn affidavit can expose you to criminal charges (perjury/false swearing) and civil penalties like denial of benefits and possible fraud prosecution.

3. Immediate steps to fix an inadvertent mistake

1. Stop and review: Compare the signed affidavit to your notes, photos, and other documents to identify exactly what is wrong.
2. Notify the insurer or recipient in writing: If you gave the affidavit to an insurance company or the other party, tell them promptly that you discovered an error and that you will submit a corrected affidavit or supplemental statement.
3. Prepare a corrected or supplemental affidavit: Draft a new sworn statement that (a) identifies the original affidavit (date, who signed it), (b) explains the error clearly and honestly, and (c) provides the corrected facts. Sign and have it notarized if the original required a notarization.
4. File or serve the correction correctly: If the original affidavit was filed in court, follow the court rules for filing an amended or supplemental affidavit and serve opposing counsel as required by local rules.
5. Keep records: Save copies of the original affidavit, the corrected affidavit, the written notice you sent, and any email/phone records about the correction.

4. How the insurer or other party might respond

Responses vary depending on the nature of the mistake:

• For non-material errors, insurers typically accept the corrected affidavit and proceed.
• If the correction affects fault or coverage, the insurer may re-open its investigation, ask for additional documentation, or seek a statement under oath (a recorded statement) to verify the new facts.
• If an insurer suspects intentional misrepresentation or fraud, it can deny the claim, cancel the policy, or refer the matter to New Hampshire authorities for investigation.

5. Possible legal consequences in New Hampshire

Deliberate false statements on a sworn affidavit can expose you to serious consequences under New Hampshire law, including criminal charges (perjury or related offenses) and civil penalties. Even an unintentional error may lead to claim denial or dispute if it substantially changes the claim facts.

For information on New Hampshire statutes and criminal offenses related to false statements and perjury, consult the New Hampshire Revised Statutes Annotated (RSA) collections and the state courts’ guidance: New Hampshire RSA (laws) and New Hampshire Judicial Branch. If you are dealing with an insurance-related investigation or suspect fraud, you can also review resources from the New Hampshire Insurance Department: NH Insurance.

6. If you are already in litigation

If the affidavit was submitted in a court case, an incorrect affidavit may require you to file an amended affidavit or affidavit of correction with the court and to notify the other parties. Intentionally filing a false affidavit in court creates exposure to perjury charges and sanctions by the court, including fines and other penalties.

7. When to talk to an attorney

Contact a lawyer promptly if:

• The mistake is material to fault, injury, or damages;
• The insurer has accused you of misrepresentation or fraud;
• The mistake was made in a court filing or under oath in a proceeding;
• You are unsure how to correct the affidavit without creating legal risk.

Helpful Hints

• Act quickly. Prompt correction looks more credible than waiting until someone discovers the error.
• Be transparent. Explain the nature of the mistake and why it happened (e.g., transcription error, momentary lapse of memory).
• Use a supplemental affidavit rather than trying to alter the original document. Create a clear record linking the correction to the original affidavit (date, signer, notary information).
• If a document was notarized, have the correction notarized too if required. Ask the receiving party whether they accept a signed correction and how they prefer to receive it (mail, email, court filing).
• Preserve corroborating evidence—photos, repair bills, medical records, witness statements—that support the corrected facts.
• Keep copies of all communications with the insurer, court, and other parties about the correction.
• If the insurer requests a recorded statement or additional sworn statement, consider speaking with an attorney before providing it.
• Don’t guess or speculate when correcting: state facts you know and identify information you aren’t sure about.

Disclaimer: This article provides general information about New Hampshire law and common procedures. It is not legal advice, does not create an attorney-client relationship, and is not a substitute for consulting a licensed attorney about your specific situation.