Detailed Answer

Short answer: yes — in Virginia you generally may refuse to sign an affidavit or sworn statement if you are unsure about the facts. You cannot be forced to swear to things you do not know or remember. However, choosing not to sign may have consequences: investigators, prosecutors, or civil parties can still seek your testimony later (for example by subpoena), and signing a statement you know is false can expose you to criminal charges for making a false statement under oath.

How this works in practice

When a crash happens, police or insurance investigators sometimes ask witnesses to give a written or sworn statement (an affidavit). An affidavit is a written statement declared to be true under oath. If you are unsure about details — for example, which car ran a light, the exact speed, or how long the traffic light had been green — you should not sign an affidavit that asserts those uncertain points as fact.

What you can and should do instead:

• Be honest. Say you don’t remember or that you are unsure about a specific detail. Use phrases like “I do not recall,” “I am not certain,” or “I only observed the following….”
• Offer an unsworn or recorded account. If an officer or investigator wants what you saw, you can give a statement for their report (often recorded or written down) but refuse to sign a sworn affidavit until you have reviewed it carefully.
• Ask to read any affidavit before signing it. You have the right to review the text that you would be swearing to and to request changes or clarifications that reflect your actual memory.
• Get a copy. If you do sign anything, insist on a copy for your records.

Legal risks of signing a statement you are unsure about

Signing a document that contains false statements, knowing they are false, can expose you to criminal liability. Virginia criminal law punishes knowingly making false statements under oath. If you worry the affidavit contains inaccuracies, do not sign it. If someone pressures you to sign, say you will provide a truthful statement but cannot sign a sworn affidavit that contains facts you cannot verify.

What if authorities subpoena you?

Refusing to sign an affidavit now does not prevent later legal processes. In civil cases or prosecutions, a party can subpoena you to appear and testify under oath. If you are subpoenaed, you must comply with the subpoena and answer truthfully. If you have legitimate concerns about memory or details, state them in your testimony — you may testify that you don’t recall specifics or that you are unsure about certain observations.

Where to find Virginia law and official guidance

Virginia criminal law includes provisions against making false statements under oath (perjury and related offenses). For the official text of Virginia statutes, search the Virginia Code at the Virginia Legislative Information System: https://law.lis.virginia.gov/vacode/. If you want specific information about motor vehicle crash reporting or duties at the scene, the Virginia Department of Motor Vehicles provides practical guidance at https://www.dmv.virginia.gov/.

When to consider legal help

Consider consulting an attorney if any of the following apply:

• You are being pressured to sign a sworn statement that you believe is inaccurate.
• You receive a subpoena to testify in a case arising from the crash.
• You are contacted about criminal charges or insurance fraud related to a statement you gave.

Helpful Hints

• Pause before signing. If you feel rushed, say you want time to read the document and will return or provide a statement later.
• Use careful, limited language. For example: “I observed the car at the intersection but I cannot say how fast it was traveling” or “I am not certain which signal was green.”
• Ask for the statement to reflect uncertainty where appropriate. A small change such as inserting “to the best of my recollection” can make a big difference.
• Prefer providing a recorded unsworn account. It preserves what you remember without forcing you to swear to precise facts you do not know.
• Keep contact information. Give your name and a way to be reached, and note who took your statement and when.
• If subpoenaed, be truthful. Explain gaps in memory honestly instead of guessing.
• If pressured or threatened to sign, document the interaction and consider contacting an attorney or the police internal affairs unit if appropriate.

Disclaimer: This article is educational only and does not constitute legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Virginia attorney.