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If you signed a sworn accident affidavit in New York and later discover a mistake, the outcome depends on whether the error was innocent (a harmless mistake), material (affects the substance of the claim), or deliberate (an intentional false statement). Below is a clear explanation of likely consequences and practical steps to fix the problem.

What kinds of mistakes matter?

• Minor, immaterial errors: Typos, a wrong minute on the time stamp, or a small numeric inaccuracy that does not change who was at fault or what happened. These typically have little to no legal consequence and can be corrected without serious fallout.
• Material mistakes: Information that affects liability, the sequence of events, damages claimed, or whether an insurance policy applies. Material errors can harm your credibility, give the insurer or opposing party grounds to dispute your claim, and increase the chance of denial or reduced recovery.
• Intentional false statements: Sworn affidavits are taken under penalty of law. Deliberately lying in a sworn affidavit can expose you to criminal charges such as perjury or making a false written statement under New York law. See Penal Law §210 (perjury) and Penal Law §175 (falsifying business records): https://www.nysenate.gov/legislation/laws/PEN/210 and https://www.nysenate.gov/legislation/laws/PEN/175

Immediate legal and practical consequences

• Credibility problems: If the mistake is pointed out by the other side, a court or an insurer may view your entire account with skepticism.
• Insurance claim issues: Insurers scrutinize inconsistencies. A material misstatement could lead to an investigation, delays, or, in some cases, denial of benefits if the insurer finds a material misrepresentation.
• Litigation effects: In civil court, inconsistent sworn statements may be used to impeach your testimony or to ask the judge to refuse certain evidence.
• Criminal exposure: Deliberately false sworn statements can trigger charges under New York Penal Law. See https://www.nysenate.gov/legislation/laws/PEN/210

How to fix an innocent or material mistake

Act quickly and follow these practical steps:

1. Don’t sign anything further without checking it carefully. Avoid making new inconsistent statements.
2. Contact your insurer promptly. Tell them you discovered an error and explain what needs correction. Early disclosure helps avoid accusations of concealment.
3. If the affidavit was filed in court or sent to another party, correct it in writing under oath. You can usually prepare an amended or corrected affidavit (often called an affidavit of correction or an amended affidavit) that explains the mistake and sets out the accurate facts. If the affidavit has been filed with a court, you may need to file the corrected affidavit with the court and serve the other parties.
4. Provide supporting evidence. Attach contemporaneous items (photos, repair estimates, the police report, witness statements, phone records, GPS data) that corroborate the corrected version.
5. Notify opposing counsel or the claims adjuster. Explain the correction and provide the corrected sworn statement and supporting documents.
6. Keep copies and a record of communications. Preserve the original and corrected documents, and log dates and names of people you contact.
7. Consider legal help for material mistakes. If the error affects fault, damages, or you face a dispute or possible criminal exposure, consult an attorney so you can correct the record safely and limit risk.

Example (hypothetical)

Suppose you signed an affidavit that incorrectly stated you were stopped at a light when another car struck you. Later you remember you were actually moving slowly through an intersection. If this change affects fault, notify your insurer and prepare a corrected sworn affidavit explaining the mistake, supported by a witness statement or the police crash report. If the error was honest and promptly corrected, most civil consequences can be managed. But if the insurer believes the change was designed to mislead, you may face a tougher claim process.

Relevant New York law references

• Obligation to report or exchange information after a motor vehicle accident is governed by the Vehicle and Traffic Law (see sections addressing duty to stop and exchange information): https://www.nysenate.gov/legislation/laws/VAT/600
• Criminal penalties for false sworn statements and falsifying records are found in the Penal Law: https://www.nysenate.gov/legislation/laws/PEN/210 and https://www.nysenate.gov/legislation/laws/PEN/175

Bottom line: Innocent mistakes can usually be corrected if you act promptly, document the correction, and support it with evidence. Material or intentional misstatements carry bigger civil and criminal risks. The safest path is to notify the insurer or court, provide a sworn correction, and consult an attorney if there is any doubt about exposure.

Disclaimer: This article is for general information and education only. It is not legal advice and does not create an attorney‑client relationship. If you need advice about a specific situation, consider contacting a licensed New York attorney.