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Disclaimer: This content is informational only and is not legal advice. If you face possible criminal charges, insurance fraud allegations, or significant civil exposure, consult a licensed North Dakota attorney before making further sworn statements.

An “accident affidavit” typically is a written, sworn statement describing how a crash occurred. In North Dakota, a sworn affidavit or any signed statement that is submitted to law enforcement, a court, or an insurer can carry legal consequences if it contains material falsehoods. The effect of a mistake depends on whether the error is a minor clerical issue, an honest memory lapse, or an intentional false statement.

Minor or honest mistakes

If the error is small (typo, wrong apartment number, transposed digit, or an honest mistaken detail), the usual path is correction and documentation. Agencies and insurance companies routinely accept supplemental explanations or corrected affidavits. Acting promptly reduces confusion and risk.

How to correct a minor mistake

• Contact the entity that received the affidavit (police agency, court clerk, or your insurer). Ask their procedure for filing a corrected or supplemental affidavit.
• Prepare a short, factual supplemental affidavit that (1) identifies the original affidavit, (2) states the exact mistake, and (3) provides the corrected information. Sign and have it notarized if the original was sworn.
• Keep copies of the original affidavit, the supplemental affidavit, and any delivery receipts or confirmation emails.

Material errors and intentional falsehoods — possible legal consequences

If a mistake changes the essential facts of the collision (who struck whom, whether someone was injured, whether a vehicle was operable, or whether alcohol/drugs were involved), or if the statement was knowingly false, more serious consequences can follow:

• Criminal charges: North Dakota criminal law addresses false statements, false reporting, and perjury. Knowingly making a false sworn statement or reporting false information to law enforcement can lead to prosecution under the criminal statutes found in North Dakota’s criminal code (see Title 12.1, North Dakota Century Code). For statute browsing, see: https://www.legis.nd.gov/cencode/t12.1.
• Insurance consequences: Insurers investigate discrepancies. Intentionally false statements can result in denial of a claim, policy cancellation, civil demands for repayment, and referral for potential insurance fraud prosecution. The North Dakota Insurance Department provides consumer guidance here: https://www.nd.gov/ndins.
• Civil liability: If a false statement affects fault or damages, it can influence civil lawsuits that follow. Opposing parties may use inconsistent statements to challenge credibility, and a court could allow adverse inferences or sanctions.

Practical steps if you discover a mistake after signing

1. Stop making further inconsistent statements. Avoid re-explaining the event in ways that create new contradictions.
2. Document the error in writing as soon as you can. Prepare a clear correction that explains what was wrong and what the correct fact is.
3. Submit the correction to the same recipients who got the original affidavit (police department, court clerk, insurance adjuster). Ask for an acknowledgment in writing once the correction is received.
4. If the mistake could be viewed as material or if anyone alleges you lied, contact a North Dakota attorney experienced in criminal defense or insurance litigation before providing any additional sworn statements.
5. Retain all records and communications. If you file a corrected affidavit, keep certified copies and proof of service.

How law enforcement and courts typically handle corrections

Police crash reports: Many police departments attach an addendum or supplement to the original crash report reflecting corrected information. If a criminal case or citation arises, prosecutors will review the totality of statements. Courts allow parties to explain inconsistencies, but intentional misstatements can be used as evidence of deceit.

Court affidavits: Courts treat amended sworn statements seriously. If you need to change a sworn court filing, follow local court rules for amending filings and notify opposing parties as required.

Key North Dakota statute sources

• North Dakota Century Code — Criminal law (false statements/perjury): https://www.legis.nd.gov/cencode/t12.1
• North Dakota Century Code — Motor vehicle and traffic rules (reporting requirements, crashes): https://www.legis.nd.gov/cencode/t39
• North Dakota Insurance Department (consumer guidance on claims and fraud): https://www.nd.gov/ndins

Because statutory language and penalties can vary depending on the exact offense and circumstances, review the applicable NDCC sections or consult a lawyer for case-specific legal analysis.

Helpful Hints

• Act fast. Timely corrections reduce the chance an insurer or prosecutor will treat the error as intentional.
• Be concise and factual in corrections. Explain only the specific error and the correct fact; avoid re-telling the whole crash unless necessary.
• If the original was notarized or sworn, sign the correction under oath and have it notarized too.
• Ask police or the court to add a formal supplement rather than replacing the original report whenever possible. That preserves the record and reduces claims of tampering.
• If your statement concerns fault, injuries, or substance use, consult a lawyer before submitting a correction if there’s any risk a prosecutor or insurer will view the correction skeptically.
• Get written confirmation that the correction was received and attached to the original file.
• Do not destroy the original affidavit or related evidence. Altering or hiding records can lead to further legal trouble.