This article explains what can happen in Washington if you discover a mistake in a signed accident affidavit, and what steps you should take to fix it. It assumes no legal background and focuses on practical, state-specific information. This is general information only and not legal advice. If you think a mistake could expose you to criminal or civil liability, consult a lawyer right away.
Detailed Answer
What an “accident affidavit” is
An accident affidavit is a sworn, written statement describing facts about a crash. People use affidavits for insurance claims, police reports, or court filings. Because you sign it under oath, the law treats its statements as formal and important.
Types of mistakes and how the law treats them
- Innocent or clerical mistakes — Examples: a typo, a wrong vehicle color, a transposed digit in a phone number, or selecting the wrong box. These are common. Usually they are fixed by filing a corrected affidavit or an errata statement and telling the recipient (insurer, police, or court). Courts and insurers expect honest people to correct errors promptly.
- Material mistakes that change the substance of your story — Example: you originally said you were stopped, but later realize you actually were moving through the intersection. Material inconsistencies can affect claim outcomes and credibility. The corrected statement should explain why the original was incorrect (e.g., memory error, misread form).
- Deliberate false statements — If you knowingly put false, material facts in a sworn affidavit, you risk criminal exposure under Washington’s laws against perjury and false swearing. Those statutes cover knowingly making false statements under oath and are found in Washington’s criminal code (see chapter on perjury and false swearing: RCW 9A.72). Link: https://app.leg.wa.gov/rcw/default.aspx?cite=9A.72
Possible legal consequences
- If the mistake is innocent and corrected quickly, the usual result is administrative: insurers may investigate the claim further or ask for clarifying information.
- If the mistake is material and unexplained, you may lose credibility in civil disputes. A judge can discount or strike an affidavit used in court if it violates court rules about sworn statements. Washington civil rules addressing affidavits used in motions are available through the Washington Courts rules pages (see CR 56 and related rules): https://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=ga&set=CR&ruleid=cr56
- If the statement was knowingly false and material, state criminal statutes related to perjury and false swearing can apply. See RCW chapter 9A.72 for the applicable statutes and penalties: https://app.leg.wa.gov/rcw/default.aspx?cite=9A.72
- If the affidavit affects required crash reporting or insurance matters, there may be additional civil or administrative consequences. Washington’s traffic-accident reporting rules are in chapter 46.52 RCW: https://app.leg.wa.gov/rcw/default.aspx?cite=46.52
How courts and insurers handle corrected affidavits
Court rules and judges expect accuracy. If you file a corrected affidavit in a court matter, label it clearly (for example, “Corrected Affidavit”), explain the nature of the error, and identify the original document. For affidavits submitted to insurers, contact the claims adjuster, provide a written corrected statement, and keep proof of your correction. If a party objects, the judge or insurer may assess credibility, allow cross-examination, or exclude parts of the original statement.
When to get a lawyer
Talk to an attorney promptly if any of the following apply: (1) the mistake is a material factual change; (2) you suspect the insurer or police may treat the change as fraud; (3) you receive a subpoena, a criminal investigation notice, or a demand letter; or (4) you are unsure how to correct the record. If criminal exposure is possible, stop giving unsupervised statements and consult counsel before making further sworn statements.
Helpful Hints
- Act quickly. The sooner you correct an error, the less likely it will lead to problems.
- Notify the recipient in writing. Send the corrected affidavit to the insurer, police department, or court and keep copies and delivery proof (email, certified mail, or in-person receipt).
- Label corrections clearly. Use a heading such as “Corrected Affidavit” and reference the original affidavit’s date and file number.
- Explain the reason for the correction. A brief explanation (e.g., “typographical error,” “memory lapse”) helps show the change was not intentional. Be truthful in that explanation.
- Sign and notarize the corrected affidavit if required. Affidavits normally must be sworn and notarized to be effective.
- Preserve originals. Keep copies of the original affidavit and the corrected version together with any correspondence about the correction.
- If you are contacted by police or prosecutors after correcting your affidavit, ask for an attorney before providing additional sworn statements.
- For complex claims (serious injury, criminal exposure, or large claims), hire an attorney experienced in Washington traffic, insurance, or criminal law to advise and, if needed, communicate on your behalf.
Final reminder: This is informational only and not legal advice. If you face possible civil or criminal consequences from a mistaken affidavit, contact a Washington attorney immediately.