Mistakes in a Signed Accident Affidavit in New Jersey: What Can Happen and How to Fix It
Short answer
If you discover an error in an accident affidavit you already signed in New Jersey, act quickly. Minor, unintentional errors can usually be corrected by filing a corrected or supplemental statement with the agency, police department, or insurance company that received the affidavit. Knowingly making a false statement, however, can lead to criminal charges such as perjury or other offenses under New Jersey law. The practical consequences vary with how material the mistake is and whether it was intentional.
Detailed answer — what happens under New Jersey law
1. Distinguish honest mistakes from intentional false statements
New Jersey treats a simple, honest error (e.g., transposed numbers, wrong color of a car, or a mistaken time) differently from a deliberate lie. If a statement is accidentally wrong and you correct it promptly, the result is usually administrative: an amended report, a note in the file, or an insurer’s claim investigation. If the statement is knowingly false and material to an investigation or court proceeding, you may face criminal exposure.
2. Criminal consequences for knowingly false statements
Knowingly making false statements under oath or in an official affidavit can lead to criminal charges. Charges can include perjury or other related offenses under New Jersey law. Criminal penalties depend on the exact statute, the context (for example, a sworn affidavit given in a court or to law enforcement vs. an insurance form), and whether the offense is classified as a misdemeanor or felony.
For an overview of New Jersey statutes, see the New Jersey Legislature’s statutes page: https://www.njleg.state.nj.us/lawsstatutes.asp. For court resources, see the New Jersey Courts site: https://www.njcourts.gov/.
3. Administrative and civil consequences
Insurance companies, police departments, and licensing agencies may treat errors differently. Typical results include:
- An amended or supplemental affidavit entered into the file;
- An investigation by the insurer to verify facts, which can affect claim payment or future premiums;
- Administrative notes in motor vehicle records or police reports;
- Civil exposure if the false information was used to obtain money or avoid responsibility (for example, fraudulent insurance claims).
4. How materiality matters
Material mistakes — errors that change the story or the outcome (e.g., misstating who was driving, inventing an injury, or fabricating events) — carry more severe consequences than immaterial clerical errors. The agency, insurer, or prosecutor will evaluate whether the incorrect statement mattered to the decision being made.
5. Correcting the mistake: practical steps
If you made an error, follow these steps promptly to reduce risk and fix the record:
- Contact the recipient: Notify the police department, the New Jersey Motor Vehicle Commission (if the MVC was involved), or the insurance company that received the affidavit. New Jersey MVC: https://www.state.nj.us/mvc/.
- Ask about their correction procedure: Police departments often amend reports or accept supplemental sworn statements. Insurers usually accept corrected statements and will note the change in the claim file.
- Prepare a clear corrected affidavit or supplemental statement: State the error, provide the correct information, and explain how the mistake occurred. Sign it under oath if required and have it notarized when appropriate.
- Keep careful records: Retain copies of the original affidavit, the corrected statement, and any correspondence or receipts.
- Gather supporting evidence: Photographs, repair bills, witness contact information, video, or other documents can back up your correction.
- Consider legal advice: If the correction is significant or if you face questions about intent, consult an attorney promptly.
6. If someone accuses you of lying
If an insurer, police department, or prosecutor suggests your affidavit was intentionally false, do not try to deal with that informally. Preserve documents, avoid discussing the matter without counsel, and consult a lawyer. An attorney can advise on whether the record can be corrected, whether you should speak with investigators, and on possible defenses if charges arise.
7. Special situations
- Insurance claims: Insurers routinely investigate discrepancies. Honest corrections plus evidence usually resolve disputes. Fraud allegations can lead to denial of claims and referral to criminal authorities.
- Police reports: Police can amend reports or accept supplemental sworn statements. If police suspect a false report, they may investigate further.
- Court filings or sworn testimony: Correcting an affidavit filed with a court requires filing an amended document and notifying other parties. Making a false sworn statement in court procedures is particularly serious.
Helpful hints
- Act fast — prompt corrections reduce the chance of escalation.
- Be transparent — explain honestly how the mistake happened.
- Put corrections in writing and get them notarized if the original was sworn.
- Send corrections to all parties who received the original affidavit (police, insurer, opposing party, court clerk).
- Keep copies of everything and create a dated timeline of what you learned and when.
- Collect independent evidence (photos, receipts, witness statements) to support your corrected statements.
- If anyone suggests criminal intent or opens an investigation, stop communicating about the matter without legal counsel.
- When in doubt about legal exposure, contact a New Jersey attorney experienced in criminal defense or insurance litigation.