Can you refuse to sign an affidavit if you are unsure about crash details?
Detailed Answer — Your rights, risks, and practical steps under Iowa law
Short answer: Yes — you generally may refuse to sign an affidavit if you are unsure about the facts it contains. You should not sign a written statement that includes details you do not remember or believe to be incorrect. Signing an affidavit that contains false statements may expose you to criminal or civil consequences under Iowa law, especially if the statement is made under oath. At the same time, refusing to sign may have practical consequences for investigations, insurance claims, or civil cases. This answer explains what to do, what risks you face, and how to protect yourself.
Why you may refuse
- You are not required to sign any document simply because an officer, insurance adjuster, lawyer, or other party hands it to you.
- If you are uncertain about specific facts (time, vehicle color, plate number, direction of travel, what you heard or saw), signing a document that states those facts as certain would make you attesting to things you don’t know to be true.
What signing can mean
- If the document is an affidavit or a written statement made under oath, signing it while knowing it contains incorrect statements can lead to criminal charges for false swearing or perjury. Iowa law prohibits knowingly making false statements under oath (see state statutes and criminal code for the exact provisions: Iowa legislative resources at https://www.legis.iowa.gov/).
- Even if the document is not sworn, a false written statement may create problems in a civil claim or investigation (for example, misleading an insurance investigation or harming someone’s case).
What refusing can mean
- Refusing to sign a voluntary affidavit or statement usually has no criminal penalty — you may politely decline.
- If a court subpoenas you to testify or to produce a sworn statement as part of a case, you cannot simply refuse without legal grounds. Failure to obey a valid subpoena can lead to contempt of court. For information about court process and subpoenas in Iowa, see the Iowa Courts website: https://www.iowacourts.gov/.
Practical steps to take if asked to sign an affidavit about a crash
- Pause and do not sign immediately. Ask for time to read the entire affidavit carefully.
- Correct errors in writing. If you see incorrect facts, cross them out and write the correct information before signing — and initial next to any change. Refuse to sign if the other party will not allow you to make or initial corrections.
- Use careful language. If you decide to sign, consider adding qualifying language such as “to the best of my recollection” or “I believe” where true. Do not sign if you know a statement is false.
- Ask to have the statement read back to you and request a copy of anything you sign or a record showing what you signed.
- If the statement will be sworn (an affidavit), ask whether you will be placed under oath or will sign before a notary or officer. If so, remember that false statements under oath can be criminal.
- Consider recording your own notes right after the event while your memory is fresh. Note time, location, vehicle descriptions, and what you saw rather than committing to precise things you cannot recall.
- If law enforcement is taking a statement, you may ask whether you are free to leave and whether you are being detained. Cooperate with lawful requests but avoid guessing if unsure.
What to do if you already signed and later realize you were wrong
- If you signed and subsequently discover an error, contact the person or agency that has the affidavit (police, court clerk, attorney, or the other party). Ask how to correct the record — for example, by providing a corrected sworn affidavit or by appearing in court to clarify your testimony.
- If you are worried about criminal exposure for a false statement you made, consult an Iowa attorney promptly for advice.
When you should get an attorney
Seek legal advice if:
- You were asked to sign a sworn affidavit and you are unsure about legal consequences.
- Your signature is being pressed for a statement that could affect a criminal investigation or a serious civil claim.
- You are subpoenaed to provide testimony or a sworn statement and you believe your testimony could expose you to legal risk.
You can find local counsel through the Iowa State Bar Association: https://www.iowabar.org/.
Important resource links: Iowa Legislature information and statutory code — https://www.legis.iowa.gov/; Iowa Courts (subpoena, court processes) — https://www.iowacourts.gov/; Iowa State Bar Association lawyer referral — https://www.iowabar.org/.
Helpful Hints
- Do not sign anything you cannot read or do not understand. Ask for a copy and time to review.
- Write only what you personally observed; do not repeat rumors, hearsay, or assumptions.
- Use clear qualifiers: “I believe,” “to the best of my recollection,” or “I do not remember” when appropriate.
- If you must give a quick on-scene statement to police, state only facts you observed (lights, sounds, direction, actions) and avoid guessing speeds, distances, exact times, or vehicle colors unless you are sure.
- Keep your own contemporaneous notes and a dated copy of any statement you provide.
- If an insurance adjuster asks you to sign a statement, ask whether the statement will be under oath and whether the insurer might use it in court. If unsure, consult an attorney before signing.
- If you are subpoenaed to court, contact the party who issued the subpoena and an attorney before refusing to comply.