What an affidavit is and why it matters

An affidavit is a written statement you sign under oath or affirmation saying the contents are true. In Ohio, knowingly making a false statement under oath can result in criminal charges under the false-statements/perjury law (see Ohio Rev. Code § 2921.11: https://codes.ohio.gov/ohio-revised-code/section-2921.11).

Can you refuse to sign?

Yes. In most situations you may refuse to sign an affidavit if you are unsure about details. You do not have to sign a written statement just because an officer, insurance adjuster, or another party asks you to. Refusing to sign is usually not a crime by itself.

However, there are two important limits:

• If a court subpoenas you to give testimony, you generally must comply with that subpoena and appear in court. Refusing a lawful court order can lead to contempt sanctions.
• If you voluntarily sign an affidavit and include false information you know is false, you could face charges under Ohio Rev. Code § 2921.11 for making a false statement.

Practical steps to take if asked to sign and youre unsure

Follow these steps to protect yourself and help investigators get accurate information:

1. Stop and say you are not comfortable signing because you are not sure of all facts.
2. Offer an oral statement instead. Police will often take written notes; ask for a copy of any written statement they prepare.
3. If a written statement is prepared, read it carefully. Ask them to delete or change anything you did not say or that you do not remember.
4. Use qualifying language when appropriate: for example, ask that the statement include phrases such as ‘to the best of my recollection’ or ‘I observed but am not certain about…’ rather than definitive assertions you cannot support.
5. Request time to review the document or to speak with an attorney, especially if the agency asks you to sign an affidavit under oath.
6. Do not guess. If you are unsure about a fact, say so. Guessing can create problems later and risks creating inaccurate records.

What to do if you already signed and now doubt your memory

If you signed and later realize parts are incorrect, contact the agency that holds the statement (police department, prosecutor, or insurance company) and explain you need to correct or clarify your statement. Many agencies will allow an amendment or take a new statement. Correcting mistakes promptly reduces the chance of misunderstanding and reduces legal risk.

When you should consult an attorney

Consider talking to an attorney right away if:

• Anyone suggests you are a suspect in the crash or indicates criminal charges may follow.
• You are worried that your statement could be interpreted as admitting fault.
• You are asked to sign an affidavit in a civil case and you think it could affect your legal exposure.

How to communicate a refusal politely and effectively

Use short, clear statements:

• “I do not feel comfortable signing this because I am not sure of the details.”
• “I can give an oral statement now and review any written statement later.”
• “I would like this to read ‘to the best of my recollection’ and to correct anything I did not say.”
• “I would like a copy of anything I sign or any official report.”

Key legal risk to remember

Intentionally making false statements under oath can be prosecuted in Ohio. See Ohio Rev. Code § 2921.11 for the statute addressing false statements. If you are merely uncertain and truthfully indicate that uncertainty in your statement, you reduce the risk of being accused of knowingly making a false statement.

Helpful Hints

• Write down everything you remember about the crash as soon as possible, including time, location, weather, vehicle descriptions, and your vantage point.
• Take photos or video at the scene if safe to do so. These can refresh your memory later.
• Note what you are unsure about and communicate that uncertainty clearly in any statement.
• Ask the officer or investigator to label parts of the written statement as “based on observation” versus “hearsay” if appropriate.
• Ask for the report or a copy of the affidavit before you leave the scene or soon after, and keep a personal copy of your own notes.
• If the situation involves potential criminal exposure for you, ask for an attorney before giving a statement.