What a Mistake in a Signed Accident Affidavit Means Under Virginia Law

Disclaimer: This is general information and not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Virginia attorney.

Detailed answer

An “accident affidavit” in Virginia usually means a sworn written statement you sign about the facts of a motor-vehicle crash. You may give such an affidavit to your insurer, to a law enforcement officer, to a court, or to the Virginia Department of Motor Vehicles (DMV). Signed statements are treated more seriously than informal statements because you sign under oath or penalty of law.

If you discover a mistake after you’ve signed one, the legal effect depends on three things:

• Whether the mistake was honest or intentional. An honest clerical error or a small factual slip (wrong vehicle color, transposed house number, mistaken time by a few minutes) is very different from an intentional or reckless falsehood about who caused the crash or what happened.
• How material the error is to liability or loss. A minor detail usually won’t change an insurance outcome. A false statement about fault, injuries, or damages can affect coverage, settlement, or criminal exposure.
• Where the affidavit was filed or submitted. Corrections handled with an insurer can be straightforward. Corrections to police reports, court records, or official DMV filings may require formal procedures.

Practical outcomes you may face

• Minor, unintentional mistakes: Most insurers and investigators accept supplemental statements and corrected affidavits. You can usually fix errors by notifying the insurer or the investigating officer, providing a corrected sworn statement or an affidavit of correction, and documenting why the correction is needed.
• Material errors that change fault or damages: The insurer may re-open investigation, reduce or deny a claim, or seek restitution of any paid benefits. If the error is significant enough, the other party may use it to challenge your credibility in negotiations or court.
• Intentional false statements: Knowingly making false sworn statements can lead to civil and criminal consequences. Virginia law addresses false statements, perjury, and insurance fraud under the criminal code and other statutes. Criminal exposure can include charges for false swearing or perjury and, where applicable, insurance fraud or related offenses. See Virginia Code Title 18.2 (Crimes and Offenses): https://law.lis.virginia.gov/vacode/title18.2/.
• Official reporting obligations: Virginia law requires reporting of certain motor-vehicle crashes and sets procedures for official reports. For background on accident reporting and related motor-vehicle laws, see Virginia Code Title 46.2 (Motor Vehicles): https://law.lis.virginia.gov/vacode/title46.2/. The DMV and local law-enforcement agencies also publish reporting instructions.

Recommended immediate steps if you find a mistake

1. Act quickly. Contact your insurance adjuster and the officer or agency that took the original report as soon as you realize a mistake.
2. Prepare a clear correction or affidavit of correction. Explain what was wrong, what the correct fact is, and why the error occurred. If the original was sworn, make the correction in writing and sign it under oath if required.
3. Keep documentation. Save originals, copies, photos, medical or repair records, and any communications that show why a correction is necessary.
4. Be truthful and specific. Admit the error; avoid speculation. A prompt, honest correction is better for credibility than waiting.
5. Consider notarization. If the original statement was notarized or sworn, have the correction notarized too (or follow the agency’s procedure for amended sworn statements).
6. Ask for confirmation. Request written confirmation that your insurer, the police department, or the DMV received and accepted the correction.
7. Consult an attorney if the mistake is material or disputed. If the error affects fault, injury claims, or there’s any risk of criminal accusation (for example, insurance fraud or perjury), get legal counsel promptly.

How corrections are commonly handled by parties

Insurers: Companies routinely accept supplemental statements or corrected affidavits. They may investigate further and could adjust the claim based on new facts.

Police / DMV: Law enforcement and DMV processes vary. Many jurisdictions allow submission of supplemental reports or formal affidavits of correction. Ask the agency what form and process they require.

Court records: If the affidavit is part of a court filing, correcting it may require filing an amended pleading or a formal affidavit to the court. Local rules and judges differ; an attorney can guide you.

Helpful hints

• Do not destroy or alter the original document after signing—preserve it and provide a new corrected document instead.
• Make corrections in writing; phone calls alone rarely suffice for sworn statements.
• If the mistake could affect criminal or fraud exposure, speak to a Virginia criminal-defense or insurance litigation attorney before making a sworn correction.
• When in doubt, document why the mistake happened (clerical error, misremembered fact) so there’s a clear, reasonable explanation.
• Follow each recipient’s formal process—insurers, police departments, DMV, and courts often have different rules for amendments.
• Obtain and keep copies of any corrected affidavits, return receipts, emails, or acknowledgements showing the correction was submitted and received.
• If you notice contradictory statements elsewhere (text messages, social media, photos), preserve those items and disclose them to your insurer or attorney; unexplained contradictions harm credibility.

Where to find official Virginia resources

• Virginia Code (Title 18.2 — Crimes and offenses): https://law.lis.virginia.gov/vacode/title18.2/
• Virginia Code (Title 46.2 — Motor Vehicles): https://law.lis.virginia.gov/vacode/title46.2/
• Virginia DMV (official site for crash and reporting resources): https://www.dmv.virginia.gov/

Summary: Honest, prompt corrections are usually handled administratively. Intentional false statements or material misrepresentations can lead to claim denial, civil exposure, and criminal charges. Notify the relevant parties quickly, document everything, and consult a Virginia attorney when in doubt.