What Happens If You Make a Mistake in a Signed Accident Affidavit in Pennsylvania?

Short answer: Minor, innocent mistakes can usually be corrected without serious consequences. But knowingly signing a false affidavit can lead to criminal charges (perjury or falsification), civil problems (insurance denial or credibility loss in court), and administrative penalties. Always correct mistakes promptly and get legal advice if the error could affect fault, coverage, or litigation.

Detailed Answer

An “accident affidavit” can appear in different places: an insurer’s written statement, a court filing, or a signed document for PennDOT or another agency. Under Pennsylvania law the consequences of an error depend on three central questions:

• Was the mistake innocent (a typo, wrong time, or omitted detail)?
• Did the mistake change an important fact about fault, injury, or coverage?
• Was the incorrect statement made knowingly and intentionally?

Consequences and likely outcomes:

1) Innocent mistakes: usually fixable

If you accidentally put the wrong time, transposed digits in a phone number, or mis-describe a minor detail (for example, mis-stating a vehicle color or the exact spelling of a name), most insurers, courts, and government agencies allow corrections. Typical fixes include submitting a signed, corrected affidavit or an “affidavit of correction,” contacting the claims adjuster or court clerk, and providing supporting documents or photos to show the correct fact.

2) Material errors that affect coverage or fault

If the mistake concerns who was at fault, the severity of injury, or other central issues, the error can affect an insurance claim or a court case. An insurer may investigate and could deny benefits if it believes you intentionally misled them. In litigation, an opponent may use inconsistent statements to attack your credibility. Courts often allow amended affidavits or supplemental statements, but you should follow the court’s procedure for filing corrected documents.

3) Knowingly false statements: criminal exposure

Intentionally signing a false affidavit can lead to criminal charges under Pennsylvania law. Two relevant criminal provisions are:

• Perjury (criminalizing knowingly making a false statement under oath): 18 Pa.C.S. § 4902. See the statute: 18 Pa.C.S. § 4902.
• Unsworn falsification to authorities (making false written statements not under oath to an official): 18 Pa.C.S. § 4904. See the statute: 18 Pa.C.S. § 4904.

Prosecutors must prove you knowingly and intentionally made a false statement. Simple memory errors or honest confusion generally do not meet the criminal standard, but deliberate fabrication can lead to misdemeanor or felony charges depending on the circumstances.

4) Practical effects in insurance and civil court

– Insurance: an insurer may use inconsistent affidavits as a basis to deny a claim or rescind coverage if it proves intentional misrepresentation. Always report corrections to your adjuster in writing and keep copies.

– Civil court: courts accept amended affidavits when justice requires it, but you should file corrections according to the court’s local rules. Opposing parties may seek to impeach your testimony if you give inconsistent statements.

How to Correct a Mistake — Step-by-Step

1. Don’t ignore it. Address the error as soon as you notice it.
2. Assess seriousness. If the error could affect fault, coverage, or a court case, treat it as potentially material.
3. Contact the recipient in writing. Send a clear, dated explanation and a corrected affidavit or statement.
4. Use the right procedure: file a formally amended affidavit with the court (or an affidavit of correction) or supply a corrected statement to your insurer. Follow local court rules or insurer instructions.
5. Notarize if required. If the original was notarized, the corrected affidavit should be notarized too (unless the court allows another method).
6. Keep records. Save copies, delivery receipts, and any supporting evidence (photos, repair bills, medical records) that show the correct facts.
7. Get legal advice if needed. An attorney can help correct the record, communicate with insurers, and reduce exposure to criminal or civil claims.

Relevant Pennsylvania Resources

• Pennsylvania criminal statutes: perjury — 18 Pa.C.S. § 4902; unsworn falsification — 18 Pa.C.S. § 4904.
• Pennsylvania courts: rules, filing guidance, and local procedures — Pennsylvania Courts: Rules & Forms.
• PennDOT crash reporting and forms (if your affidavit relates to a crash report) — PennDOT: Report a Crash.

Helpful Hints

• Fix small errors quickly in writing and keep proof that you corrected them.
• When in doubt, add a short sworn correction explaining why the mistake occurred (e.g., transcription error, misremembered time).
• Do not sign a corrected affidavit that repeats a falsehood you know to be false — that could create criminal exposure.
• If insurance benefits are at stake, notify your insurer in writing of the correction and request confirmation they received it.
• If you’re in litigation, follow the court’s local rules for filing amended or supplemental affidavits; file a motion if required.
• Save all communications and supporting documents; a clear paper trail helps show the correction was honest.
• If the mistake might look intentional or could lead to criminal investigation, contact a lawyer promptly.

Disclaimer

This information is educational only and does not constitute legal advice. Laws change and every situation is different. If you face possible criminal charges, insurance denial, or court disputes because of a mistaken affidavit, consult a licensed Pennsylvania attorney right away.