What to Do If You Made a Mistake in a Signed Accident Affidavit in South Dakota

Short answer: If you discover an error in a sworn accident affidavit in South Dakota, act quickly. Minor clerical errors can often be corrected with a signed and notarized correction or an affidavit of amendment. If the mistake involves a knowingly false statement, you could face serious consequences, including criminal charges. When in doubt, notify the police/agency and your insurer and consider talking with an attorney.

Detailed answer

This section explains what typically happens when you make a mistake in a signed accident affidavit under South Dakota law, what the legal risks can be, and practical steps to fix the record.

1. What is an accident affidavit and why it matters

An accident affidavit is a sworn written statement about the facts of a collision. People sign it under oath (often notarized) to document what happened for a police report, insurer file, or court case. Because it is sworn, statements are taken seriously by insurers and authorities.

2. Types of mistakes and how they differ

• Clerical errors: Typos, wrong date format, misspelled names, transposed numbers. These are usually easy to correct.
• Factual mistakes made in good faith: You remembered details incorrectly (e.g., direction of travel, vehicle color). These can often be corrected with a follow-up sworn correction or supplemental statement.
• Material falsehoods or intentional misstatements: Deliberately providing false information about fault, injuries, or identity. These carry serious exposure, including loss of credibility, civil penalties, insurance denial, or criminal charges.

3. Legal risks in South Dakota

South Dakota treats knowingly false sworn statements seriously. Criminal statutes addressing false statements and perjury are found in the South Dakota Codified Laws, Title 22 (Crimes and Criminal Procedure). Making a false material statement in a sworn affidavit can expose a person to prosecution for perjury or related offenses. See SDCL Title 22 (Crimes and Criminal Procedure) for the criminal law framework.

For duties and reporting requirements after a motor vehicle accident, see SDCL Title 32 (Motor Vehicles), which includes provisions on stopping, rendering aid, and making required reports.

4. Practical steps to correct a mistaken affidavit

1. Act promptly. The sooner you correct the record, the better it looks to police, insurers, and courts.
2. Contact the police or agency that took the original statement. If the affidavit was provided to law enforcement, call the investigating officer or the records division and tell them you need to submit a correction or supplemental statement.
3. Notify your insurance company. Tell your agent you discovered an error and provide a corrected sworn statement if required. Insurers expect timely updates and may request documentation.
4. Prepare a corrected affidavit or affidavit of correction. Draft a clear corrected statement that identifies the original affidavit (date, who took it) and explains exactly what is being corrected and why. Sign it in the presence of a notary to create a new sworn document.
5. File the correction where appropriate. If the original was filed in court or submitted to a government agency, follow their procedures for filing an amendment or supplemental affidavit. For police reports, the agency will often add your corrected statement as a supplement to the original report.
6. Keep records. Keep copies of the original affidavit, the correction, correspondences, and notes of any phone calls (names, dates, and times).
7. Get legal advice if you suspect criminal exposure. If the mistake could be interpreted as an intentional falsehood or you’re contacted by law enforcement about inconsistencies, consult an attorney before making further sworn statements.

5. What happens if the mistake isn’t corrected

If you leave an inaccurate sworn statement uncorrected, consequences range from minor to serious:

• Insurance claims may be delayed, reduced, or denied if the insurer finds conflicting or false information.
• Credibility damage in civil disputes may weaken your case if the affidavit is later used in court.
• If authorities believe a false statement was intentional, you could face criminal investigation and potential charges under South Dakota criminal statutes. See SDCL Title 22.

6. Examples of common correction scenarios

Example 1 — Minor clerical error: You signed an affidavit that listed the wrong license plate digit. Solution: Submit a notarized one-paragraph correction referencing the original affidavit and the correct plate number; ask police and insurer to append it.

Example 2 — Memory error about actions at the scene: You originally stated you were stopped but later recall you were still moving. Solution: Prepare a supplemental sworn statement explaining the corrected recollection and the reason for the change (e.g., new evidence or remembering more clearly).

Example 3 — Allegation of intentional falsehood: If investigators say you knowingly lied about fault or injuries, do not sign further statements without an attorney. An attorney can protect your rights and advise on responses.

7. When to consult a lawyer

• If the corrected statement concerns material facts that affect liability or criminal exposure.
• If law enforcement questions you or suggests you committed perjury or false reporting.
• If the insurer accuses you of fraud or denies coverage based on inconsistencies.
• If the case goes to court and your affidavit credibility is likely to be challenged.

Helpful Hints

• Be honest and thorough when you prepare a correction. Explain why the change is needed (e.g., memory lapse, transcription error).
• Always sign corrected affidavits in front of a notary. A notarized correction strengthens the credibility of your update.
• Attach a copy of the original affidavit to your correction and clearly reference the date and the person/agency who took the original statement.
• Provide copies of the correction to the police agency, your insurer, and any attorney involved in the claim or case.
• Document communications: keep names, dates, and summaries of any phone calls regarding the correction.
• Do not attempt to back-date changes or erase portions of a previously notarized affidavit—this can create greater legal problems.
• If you are unsure whether a mistake is material, err on the side of disclosing and correcting it promptly.

Disclaimer: This article explains general information about South Dakota law and is for educational purposes only. It is not legal advice and does not create an attorney-client relationship. If you need legal advice about your specific situation, contact a licensed attorney.