An affidavit in a Missouri car accident claim is a written statement made under oath where you swear that the information provided is true to the best of your knowledge.
This legal document must be signed in front of a notary public or court-authorized official, making it legally binding evidence that can be used in your case. Insurance companies, attorneys, and courts use affidavits to preserve witness testimony, document damages, and establish facts about how your accident occurred.
After a car accident, you might encounter different types of affidavits during the claims process. Insurance companies often request financial affidavits or witness statements, while your attorney may use medical affidavits to prove your injuries or lost wage affidavits to document your income losses.
Understanding when you’re required to sign these documents and when you can refuse protects your rights and prevents you from accidentally harming your case.
This article explains how affidavits work in Missouri auto accident cases, what types you might encounter, and the risks of signing documents without legal review by an experienced Missouri auto accident lawyer.
Understanding the Role of the Affiant
In car accident cases, affidavits serve as sworn testimony about what happened during the crash. Witnesses, drivers, passengers, or medical professionals might need to provide affidavits to preserve their accounts of the events.
The person making the statement is called the “affiant.” Once signed and notarized, the affidavit becomes a legal document that can be used as evidence in your case.
Every valid affidavit must include these key components:
- Written statement: Your account must be clearly typed or handwritten
- Sworn under oath: You promise the information is true
- Notarized signature: An authorized official must witness your signature
- Legal consequences: Providing false information can lead to perjury charges
Making false statements in an affidavit is a serious crime in Missouri. If you knowingly lie in a sworn statement, you could face up to seven years in prison.
When Are Affidavits Used After a Crash?
Insurance companies often request affidavits during their investigation of your accident claim. They use these documents to gather facts and lock in statements from everyone involved in the crash.
At Beck & Beck Missouri Car Accident Lawyers, we also use affidavits to preserve important witness testimony while memories are still fresh. If a witness becomes unavailable later, their affidavit can still provide crucial evidence for your case.
You might encounter affidavits at several points during your claim:
- During insurance investigations: Companies want sworn statements about what happened
- Before filing a lawsuit: We gather evidence to support your case
- During settlement negotiations: Affidavits can strengthen your position
- To prove damages: Medical professionals or employers may provide sworn statements
The timing matters because witness memories fade quickly after an accident. Getting affidavits early helps preserve accurate accounts of what really happened.
What Types of Affidavits Are Common in Missouri Auto Claims?
Different situations require different types of affidavits. Each one serves a specific purpose in building your case or responding to insurance company requests.
The most common affidavits in car accident cases include:
- Witness affidavit: An eyewitness describes what they saw during the crash
- Financial affidavit: Details about your income, assets, and insurance coverage
- Affidavit of no other insurance: Confirms you don’t have additional policies
- Medical affidavit: A doctor’s statement about your injuries and treatment
- Lost wage affidavit: Your employer confirms missed work and lost income
- Property damage affidavit: Documents damage to your vehicle or belongings
Insurance companies most frequently ask for financial affidavits and affidavits of no other insurance. These help them understand what coverage is available and whether you have assets they might pursue.
What Is a Financial Affidavit or Affidavit of No Other Insurance?
A financial affidavit is a sworn statement detailing your financial situation. This includes your income, assets, debts, and existing insurance policies.
Insurance companies request these documents to see if you have personal assets they could pursue if a claim exceeds their policy limits. They want to know about your bank accounts, property, investments, and other valuable assets.
An affidavit of no other insurance is simpler. You swear that you don’t have umbrella policies, additional auto coverage, or other insurance that could apply to your accident.
Here’s what you need to know about these requests:
- You’re not required to provide them: Missouri law doesn’t force you to give financial information to insurance companies
- Refusing might delay settlement: Insurance companies may slow down negotiations if you don’t comply
- They might file a lawsuit: Companies can go to court to try to get this information
- Review before signing: Have a lawyer check any affidavit before you sign it
We always recommend having us review these documents before you provide them. Insurance companies often word these affidavits in ways that could hurt your case.
What Should a Missouri Car Accident Affidavit Include?
For an affidavit to be legally valid, it must contain specific required elements. Missing any of these components could make the document useless as evidence.
Every proper affidavit must include:
- Full legal name and address: The affiant’s complete identifying information
- Penalty of perjury statement: A declaration that false information could lead to criminal charges
- Specific facts only: Clear, factual statements without opinions or guesses
- Date and location: When and where the affidavit was signed
- Notary acknowledgment: The official’s signature and seal
The most important rule is sticking to facts you personally observed. For example, “I saw the red car run the stop sign” is a fact. Saying “The driver seemed distracted” is an opinion and weakens the affidavit’s value.
Avoid speculation about things like vehicle speeds, who was at fault, or what someone was thinking. Only include what you directly saw, heard, or experienced.
How Do I Prepare a Helpful Witness Affidavit?
A strong witness affidavit clearly describes exactly what you observed during the accident. Write down these details as soon as possible while your memory is fresh and accurate.
Include important contextual information in your statement:
- Time and date: When the accident occurred
- Weather conditions: Rain, snow, fog, or clear skies
- Location details: Exact intersection or road location
- Vehicle positions: Where cars were before and after impact
- Traffic signals: Light colors, stop signs, or other controls
- Driver actions: What you saw each driver doing
- Sounds: Screeching brakes, honking horns, or impact noise
- Post-crash statements: Anything drivers said after the collision
Only write about things you personally witnessed. Don’t guess about vehicle speeds or try to determine who was at fault. Stick to describing what you saw happen.
If you heard drivers make statements after the crash, include those exact words in quotes. These admissions can be powerful evidence in proving fault.
Do Affidavits Need to Be Notarized in Missouri?
Yes, affidavits must be notarized to be legally valid in Missouri. A notary public acts as an impartial witness to your signature and verifies your identity.
The notary will check your photo ID to confirm you are who you claim to be. They’ll also make sure you’re signing the document voluntarily without being forced or coerced.
You can find notaries at several locations:
- Banks and credit unions: Most have notaries available for customers
- Law offices: Many attorneys are also notaries
- Shipping stores: UPS stores and similar businesses often provide notary services
- Government offices: Some city halls and courthouses have notaries
Notaries in Missouri charge a fee per signature; contact your notary or local government office to confirm current rates. Bring valid photo identification like a driver’s license or passport when you go to get your affidavit notarized.
What Is the Difference Between Affidavits and Depositions?
Both affidavits and depositions are sworn statements used as evidence, but they work very differently. Understanding these differences helps you know what to expect in your case.
An affidavit is a written statement you prepare and sign under oath. A deposition is a formal question-and-answer session where attorneys ask you questions while a court reporter records everything.
| Aspect | Affidavit | Deposition |
| Format | Written statement | Verbal Q&A session |
| Location | Anywhere with notary | Attorney’s office |
| Questions | No cross-examination | Both sides can ask questions |
| Changes | Very hard to modify later | Can clarify answers immediately |
| Cost | Just notary fee | Court reporter fees apply |
| Time | Quick to complete | Can take hours |
Affidavits are simpler and less expensive, but you can’t clarify or expand on your statements later. Depositions allow for detailed questioning but cost more and take longer to complete.
In depositions, opposing attorneys can ask follow-up questions to test your memory and credibility. With affidavits, you control what information to include in your written statement.
Should You Sign an Insurance Company Affidavit?
Be extremely careful before signing any affidavit an insurance company sends you. These documents are often written by the insurer’s lawyers to protect their interests, not yours.
Insurance companies may request affidavits about various topics:
- Your version of the accident: How you think the crash happened
- Your injuries: What hurts and how it affects your daily life
- Your medical history: Previous injuries or health conditions
- Other insurance coverage: Additional policies you might have
- Financial information: Your income, assets, and debts
Signing these documents can lock you into statements before you fully understand your injuries or the facts of your case. You might accidentally admit partial fault or downplay the severity of your injuries.
Missouri law gives you important rights regarding insurance company affidavits:
- You can’t be forced to sign: No law requires you to provide sworn statements to insurers
- You can have a lawyer review first: Take time to get legal advice before signing
- You can refuse completely: Politely decline until you understand the consequences
- You can negotiate the language: Request changes to problematic wording
We strongly recommend having us review any affidavit before you sign it. Insurance companies often include subtle language that could hurt your case later.
What Are the Risks of Signing Without a Lawyer?
Signing an insurance company’s affidavit without legal review can seriously damage your case. You might unknowingly give the insurer reasons to reduce or deny your compensation.
Common risks include:
- Admitting partial fault: Even small admissions can reduce your compensation under Missouri’s comparative fault laws.
- Understating injuries: If you later discover your injuries are worse, the insurer can use your affidavit against you
- Providing wrong information: Mistakes in dates or details can hurt your credibility
- Revealing other coverage: This might cause the primary insurer to lower their settlement offer
- Missing important facts: You might forget to mention crucial details that support your case
Insurance adjusters are trained to ask questions that protect their company’s interests. They’re not looking out for your best interests when they request these affidavits.
Remember, you have no legal obligation to provide sworn statements to insurance companies. You can politely decline and say you need to speak with your attorney first.
What Happens If an Affidavit Is Wrong or False in Missouri?
Making false statements in a sworn affidavit has serious legal consequences in Missouri. Perjury is a class D felony punishable by up to seven years in prison and substantial fines.
Courts understand that honest mistakes happen and memory isn’t perfect. However, there’s a big difference between an innocent error and an intentional lie to influence your case outcome.
The consequences of false affidavits extend beyond criminal penalties:
- Destroys your credibility: If you’re caught lying about one thing, judges and juries won’t believe anything else you say
- Damages your entire case: Your car accident claim could be dismissed or significantly reduced
- Creates additional legal problems: You might face separate criminal charges for perjury
- Affects future legal matters: A perjury conviction stays on your record
If you realize you made an error in an affidavit, contact your attorney immediately. Sometimes honest mistakes can be corrected, but courts view any changes with suspicion.
The best approach is to be completely truthful from the beginning. If you’re not sure about something, it’s better to say “I don’t remember” than to guess or make something up.
Are Affidavits Public Records in Missouri and What Do They Cost?
Affidavits become public records when they’re filed with the court as part of a lawsuit. However, if they’re only exchanged between you and insurance companies during negotiations, they usually remain private.
Once a document is filed in court, anyone can request copies and view the contents. This is why we’re careful about what information goes into affidavits that might be filed publicly.
The costs associated with affidavits are generally reasonable:
- Notary fees: Usually $10 to $15 per signature
- Attorney drafting: attorneys may charge a fee for drafting complex affidavits
- Court filing fees: Court filing fees vary by county in Missouri.
- Copies: Minimal charges for additional copies
Simple witness affidavits often don’t require attorney help, but you should have us review any document involving liability, finances, or medical information. The small cost of legal review can prevent expensive mistakes later.
If you need multiple notarized copies, it’s often cheaper to have several copies notarized at once rather than returning to the notary multiple times.
How We Use Affidavits to Strengthen Your Missouri Claim
At Beck & Beck Missouri Car Accident Lawyers, we use affidavits strategically to build the strongest possible case for you. As Missouri’s only law firm focused exclusively on auto accident cases, we understand exactly how these documents can help your claim.
We move quickly to gather witness affidavits while memories are fresh and accurate. Our team knows how to draft these statements to meet all legal requirements while highlighting the facts that prove the other driver’s fault.
When insurance companies ask you to sign affidavits, we review every word to protect your interests:
- Identify harmful language: We spot wording that could hurt your case
- Suggest modifications: We negotiate better terms when possible
- Draft counter-affidavits: We prepare statements that support your position
- Advise on timing: We help you decide when to provide or refuse affidavits
We also use affidavits to document your damages thoroughly. Medical affidavits from your doctors prove the extent of your injuries. Lost wage affidavits from your employer confirm your income losses.
Our experience with Missouri auto accident law helps us use these documents to maximum advantage. We know what information strengthens your case and what details insurance companies will try to use against you.
Need Help With an Affidavit After a Missouri Crash?
If you’ve been asked to sign an affidavit or need witness statements preserved after your car accident, don’t handle it alone. One wrong statement in a sworn document can permanently damage your ability to recover fair compensation.
At Beck & Beck Missouri Car Accident Lawyers, we protect your rights throughout the entire process. We offer free consultations to review your case and any documents insurance companies have sent you.
Our firm is available 24/7 to answer your questions and provide guidance. You never pay attorney fees unless we win your case, so there’s no financial risk in getting our help.
Contact us today to speak with an experienced Missouri auto accident lawyer. We’ll review any affidavit requests for free and explain exactly how they might affect your case. Don’t sign anything until you understand the consequences.
Frequently Asked Questions
Do I Have to Sign an Insurance Company Affidavit in Missouri?
No, Missouri law doesn’t require you to sign affidavits for insurance companies. You have the right to refuse and consult with an attorney first to protect your interests.
Will Refusing to Sign an Affidavit Delay My Settlement?
Refusing might slow negotiations, but signing a poorly written affidavit can permanently reduce your claim’s value. It’s worth taking time to get proper legal advice before signing anything.
Is a Recorded Statement the Same as an Affidavit?
No, they’re different documents. Recorded statements are informal verbal accounts, while affidavits are formal written legal documents signed under oath and notarized.
Can I Change or Withdraw an Affidavit After Signing It?
It’s very difficult to modify an affidavit once it’s signed and notarized. Courts may allow corrections for honest mistakes, but any changes are viewed suspiciously and can hurt your credibility.
Can My Lawyer Draft and Notarize My Affidavit?
Yes, attorneys can draft affidavits to ensure they’re legally sound and support your case effectively. Many law offices also have notaries on staff to handle the signing process.
