What to Do If You Made a Mistake in a Signed Accident Affidavit (Rhode Island)

Short answer: In Rhode Island, an innocent or clerical mistake in a signed accident affidavit can usually be corrected without criminal consequences if you promptly notify the parties involved and file a corrected statement. Knowingly making false statements, however, can expose you to civil penalties (like an insurance denial) and criminal charges. This article explains the difference, steps to fix an affidavit, and when to get an attorney. This is general information and not legal advice.

What is an accident affidavit?

An accident affidavit is a written, usually sworn, statement that explains what happened in a motor-vehicle crash. Affidavits are used by insurance companies, police or prosecutors, and courts. Because an affidavit is sworn, it asks you to attest to the truth of the facts under penalty of law.

How Rhode Island treats mistakes vs. intentional falsehoods

Two categories matter:

• Innocent or clerical mistakes: Typos, wrong time/hour (within a reasonable range), misremembered minor details, or simple errors in names or addresses are usually treated as honest mistakes. These can be corrected without criminal exposure if you correct them quickly and transparently.
• Knowing, material false statements: If you intentionally lie about a material fact (for example, fabricating who was at fault, or inventing injuries or damage to obtain money), you risk civil consequences such as denial of insurance coverage or claim rescission, and possible criminal charges (perjury, insurance fraud). Whether a statement is “material” depends on whether it could influence insurance, a court, or official action.

Immediate steps to take if you discover a mistake

1. Don’t ignore it. Prompt correction reduces the chance that the mistake will be described as intentional or that it will cause later problems.
2. Notify the insurer: Call your insurance company and tell them you discovered an error in your signed affidavit. Ask what documentation they want and whether you should sign a corrected affidavit.
3. Prepare a corrected affidavit or an affidavit of correction: Often you will sign a new affidavit that expressly states it corrects the earlier one and explains the error and the correct facts. Make sure it is sworn or notarized the way the original was.
4. If law enforcement has a report: Contact the police agency that created the crash report and ask how to provide a correction or supplemental statement. Many agencies accept a supplemental statement or correction form.
5. If the affidavit was filed in court: File a corrected affidavit with the court and serve other parties according to the court’s rules. You may need to file a short motion explaining the correction; courts generally allow corrections to sworn statements when made promptly and in good faith.
6. Keep records: Save the original, the corrected affidavit, communications with the insurer or police, and any supporting evidence (photos, repair estimates, medical records, witness contact information).

Possible consequences if you do not correct an error

• Insurance problems: The insurer may investigate. If a mistake looks intentional or materially alters the claim, the insurer may deny coverage, reduce payment, or seek restitution.
• Civil litigation issues: In a lawsuit, contradictory sworn statements can hurt your credibility and weaken your case. An opposing attorney can use inconsistencies to impeach your testimony.
• Criminal exposure: Knowingly making a false sworn statement can lead to criminal charges. Rhode Island criminal statutes and court rules address perjury and fraud. For general information about state laws and statutes, consult the Rhode Island General Assembly statutes portal: https://webserver.rilin.state.ri.us/Statutes/Statutes.html

When should you consult an attorney?

Talk to a lawyer quickly if any of the following apply:

• You suspect the error could change fault, coverage, or the amount of money at issue.
• An insurer has accused you of fraud or is denying coverage.
• A prosecutor or police officer questions you about inconsistencies between statements.
• There is an ongoing lawsuit where the affidavit is evidence.

An attorney can help draft a corrective affidavit, advise on how to speak to insurers or police, and represent you if there is a dispute.

Practical example (hypothetical)

Suppose you signed an affidavit stating the crash happened at 2:00 p.m., but your phone records show the collision occurred at 2:20 p.m. If you discover the discrepancy, call your insurer, prepare a short sworn correction stating the correct time and explaining the clerical mistake, and give any corroborating evidence (phone GPS, photos). If you act quickly and the change is not material to fault or injury, this typically resolves the issue.

Useful Rhode Island resources

• Rhode Island Division of Motor Vehicles (general crash and driver resources): https://www.dmv.ri.gov/
• Rhode Island Department of Business Regulation — Insurance Division (insurance consumer help): https://dbr.ri.gov/divisions/insurance/
• Rhode Island General Laws (statutes portal): https://webserver.rilin.state.ri.us/Statutes/Statutes.html
• Rhode Island Judiciary (court rules and filing information): https://www.courts.ri.gov/

Helpful hints

• Act quickly. Prompt corrections look more credible and reduce legal risk.
• Describe the mistake honestly and briefly in any correction; do not add new, unverified facts.
• Get corrections in writing and notarized if the original was sworn under oath.
• Keep originals and copies of all documents, notes of phone calls, and names of contacts.
• If you are unsure whether a correction could trigger a criminal or civil issue, consult an attorney before speaking to insurers or police.

Disclaimer: This article explains general Rhode Island law and best practices. It is educational only and not legal advice. For advice about a specific situation, consult a licensed Rhode Island attorney.