How to Fix a Mistake in a Signed Accident Affidavit Under Wyoming Law
Disclaimer: This is general information, not legal advice. For advice about your specific situation, consult a licensed Wyoming attorney.
Detailed Answer
Signed accident affidavits and sworn statements are often part of insurance claims, police reports, and court filings. If you discover an error in a signed affidavit, the outcome depends on whether the mistake was honest (an unintentional error) or intentional (a knowingly false statement). Wyoming law treats honest corrections differently from false or fraudulent statements. For relevant statutes, see Wyoming Statutes Title 31 (Motor Vehicles) for reporting duties and Title 6 (Crimes) for false statements and related offenses: https://wyoleg.gov/statutes/title31 and https://wyoleg.gov/statutes/title6.
When a mistake is treated as a simple error
If the error is a minor, unintentional mistake (wrong time, transposed digits, minor location detail, or similar), you can usually correct it without criminal exposure by taking prompt remedial steps:
- Contact the party that received the affidavit (police department, court clerk, or your insurer) and explain the error.
- Prepare a signed, dated amendment or an “affidavit of correction” that identifies the original document and states the correct facts under oath.
- Provide any supporting evidence (photos, correspondence, witness statements) that shows the accurate facts.
Timely, transparent correction reduces confusion and minimizes risk to your insurance claim or any administrative action.
When a mistake can lead to legal problems
If a statement in an affidavit was knowingly false or presented with reckless disregard for the truth, Wyoming law may allow criminal charges such as making a false report, perjury, or other offenses in Title 6. Civil consequences can include denial of an insurance claim, rescission of coverage, or exposure to a civil fraud claim by other parties. The seriousness depends on the nature of the falsehood and whether the false statement caused harm (for example, influencing an insurance payout or a court case).
Interaction with insurance claims and investigations
Insurers investigate accidents and rely on sworn statements. An honest correction is often accepted if you report it quickly and provide documentation. If an insurer believes a statement was intentionally false, it may deny coverage, pursue recovery, or refer the matter for criminal investigation. Promptly notifying your insurer about a discovered error and providing corrected documentation is usually the best practical step.
Practical timeline and deadlines
Act quickly. Correcting an affidavit early—before formal charges, settlement, or adjudication—makes it easier to resolve the issue. If a law enforcement agency or court issued the form, contact that agency for its procedure to amend filed affidavits. Where an insurer is involved, follow its claim amendment procedures and keep a record of all communications.
When to get legal help
Consider contacting a Wyoming attorney if:
- The error might affect criminal liability or involve allegations of fraud.
- An insurer has denied coverage or threatened legal action because of the affidavit content.
- You were asked to sign an affidavit and you are unsure about the legal effect of corrections.
Helpful Hints
- Respond quickly: Notify the recipient (police, court, insurer) as soon as you discover the mistake.
- Use a written correction: Sign an affidavit of correction under oath rather than relying on verbal fixes.
- Document everything: Keep copies of the original affidavit, the correction, and any supporting evidence.
- Be truthful: Honest, prompt corrections reduce the chance of criminal or civil consequences.
- Follow agency procedures: Different police departments, courts, and insurers have specific steps for amending records—ask them what they require.
- Ask for confirmations: Request written acknowledgement that a corrected affidavit or amendment was received and filed.
- Talk to a lawyer early if there is any doubt about criminal exposure or insurance denial.
- Keep witness contact info and evidence: Photos, receipts, and witness statements strengthen a corrected record.