Detailed Answer
An affidavit is a written statement you sign under oath or affirmation saying the contents are true. In Rhode Island, you are not required to sign an affidavit if you genuinely do not know or are uncertain about the facts. You should not put your signature on a sworn statement that you know, suspect, or reasonably believe to be false. Signing a knowingly false affidavit can expose you to criminal liability under Rhode Island statutes addressing false swearing and perjury (see R.I. Gen. Laws, Title 11, Chapter 11-41: Perjury and False Swearing: https://webserver.rilin.state.ri.us/Statutes/title11/11-41/).
That said, there are two related duties to keep in mind after a car crash in Rhode Island:
- At the scene: drivers involved in crashes must stop, exchange identifying and motor vehicle information, and render reasonable assistance if the crash caused injury. These duties are found in Rhode Island’s motor vehicle/accident laws (see R.I. Gen. Laws, Title 31, Chapter 31-27: Accidents: https://webserver.rilin.state.ri.us/Statutes/title31/31-27/).
- Later statements: law enforcement officers, insurance companies, or private parties may ask you to give a written or sworn statement. You can provide factual statements you know to be true and clearly indicate uncertainty where it exists. You can refuse to sign a sworn affidavit until you are confident the facts are correct or until you have consulted with an attorney.
Refusing to sign an affidavit is typically not a crime by itself, but refusing to provide required identifying information at the scene or intentionally obstructing an investigation can have consequences. If a court orders you to provide a sworn statement or you are under subpoena, refusal may lead to contempt or other legal penalties.
How to respond when you’re unsure of crash details
Use careful, limited language. Useful approaches include:
- Say you will only sign a document that accurately reflects what you personally observed.
- Use qualifiers in the text of the statement: “to the best of my recollection,” “I do not recall the exact time,” or “I am unsure whether…” This signals uncertainty without introducing false facts.
- Refuse to guess. If you are not sure about speed, signal use, or the sequence of events, state that you do not know or cannot recall.
- Ask for time to review the written statement before you sign. Request a copy to keep for your records.
Practical and legal considerations
- If law enforcement asks you to give a statement at the scene, you can make a limited factual statement and refuse to sign a sworn affidavit until you have had a chance to check facts (photographs, dashcam, witnesses) or consult an attorney.
- Insurance companies often request signed statements or recorded statements. Refusing to give a statement can complicate or delay your claim. You can comply with a neutral factual statement while making clear where you are uncertain. If you fear criminal exposure, contact an attorney before giving a detailed sworn statement.
- If the statement will be part of a lawsuit (an affidavit filed in court) and you are served with a subpoena or a request, you should consult an attorney about your obligations and the safest way to respond.
Hypothetical example
Imagine you were stopped at an intersection and heard a crash behind you. You saw two vehicles with damage but couldn’t see the sequence of events. A police officer asks you to sign an affidavit stating that “Car A ran the red light and hit Car B.” If you did not actually see the light change or the impact, you should not sign that specific allegation. Instead, offer a statement such as:
“I was stopped at the intersection of X and Y. I heard a crash behind me and saw two vehicles stopped. I did not see which vehicle entered the intersection first. To the best of my recollection, this is what I observed: [list only what you actually saw].”
When to get a lawyer
Contact an attorney before signing a sworn statement if any of the following apply:
- You believe you may face criminal charges (e.g., DUI, leaving the scene, reckless driving).
- Your statement could be used against you in a serious civil claim with significant financial exposure.
- You are unsure about your legal duties or the potential consequences of signing.
Helpful Hints
- Do not sign under oath anything that contains facts you do not know. If you accidentally sign an inaccurate sworn statement, correct it as soon as possible and inform the requester in writing.
- Keep your own notes and photos from the scene. Time-stamped images, videos, and contact information for witnesses are critical.
- If asked for a written statement, prefer a neutral, factual format: who, what, where, and which senses (saw/heard) you relied on. Avoid conclusions about fault.
- When uncertain, use language like “I do not recall,” “I did not see,” or “to the best of my recollection.” These phrases protect you from asserting certainty you do not have.
- Ask the officer, insurance adjuster, or other requester to write the statement themselves while you orally describe what you observed. Review their written version carefully before signing.
- Request a copy of anything you sign. If the document is notarized, make sure the notarization block is filled out correctly.
- If you are contacted later and asked to sign a more formal affidavit, take time to review it and consult an attorney when in doubt.
Relevant Rhode Island Statutes
- Accident and motor vehicle duties: R.I. Gen. Laws, Title 31, Chapter 31-27 — Accidents: https://webserver.rilin.state.ri.us/Statutes/title31/31-27/
- Perjury and false swearing: R.I. Gen. Laws, Title 11, Chapter 11-41 — Perjury: https://webserver.rilin.state.ri.us/Statutes/title11/11-41/
Disclaimer: This article provides general information about Rhode Island law and does not constitute legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed attorney in Rhode Island.