An insurance affidavit is a sworn legal statement used after a car accident to confirm whether a driver had valid insurance coverage at the time of the incident. In California, insurers, attorneys, or the Department of Motor Vehicles (DMV) may request this document to verify coverage details or confirm the absence of additional insurance policies. Filing a false affidavit can lead to penalties under California perjury laws.
Understanding what an insurance affidavit means, and when to sign one, helps protect your rights after an accident in West Covina, CA. However, many drivers misunderstand what they are signing and how it might affect their insurance claim or legal case.
Why People Struggle with Insurance Affidavits
- Many drivers don’t realize an affidavit is a sworn statement under penalty of perjury.
- Some people sign an affidavit of no other insurance without confirming whether they have overlapping or excess coverage.
- Insurers sometimes request affidavits to limit liability, which can disadvantage unrepresented claimants.
- Confusion often exists between an affidavit of insurance coverage and a standard proof-of-insurance form required by the DMV.
In this article, you’ll learn how to avoid these pitfalls and make informed decisions before signing any affidavit related to a car accident. For step by step next actions immediately after a crash, see what to do after a major car accident in Los Angeles County.
Why Insurance Affidavits Matter
Insurance affidavits play a critical role in determining who pays for damages after an accident. According to the California DMV, every driver must show proof of financial responsibility, usually through liability insurance. When coverage is unclear or disputed, insurers or courts may require an affidavit to confirm whether other policies exist.
Common types include:
- Affidavit of No Other Insurance: Confirms you had only one policy at the time of the accident.
- Affidavit of No Excess Insurance: States that no umbrella or excess coverage applies to the claim.
- Affidavit of No Additional Insurance: Verifies that no secondary or duplicate policy covers the same event.
Before signing, review your policy documents or consult with a personal injury attorney to ensure accuracy. Misstatements can delay claims or result in denied benefits. For a quick refresher on gathering the evidence that supports your claim and any affidavit you sign, see documenting a car accident.
For freeway crashes where speeding is an issue, see car accident injuries on the 71 Freeway.
A Common Mistake: Signing Without Legal Advice
One of the most frequent errors occurs when drivers sign an insurance affidavit without consulting a lawyer. Because these documents are legally binding, even minor inaccuracies can be used to challenge your claim. The National Association of Insurance Commissioners (NAIC) advises verifying all policy details before making sworn statements.
If you’re unsure whether to sign an affidavit of no other insurance, speak with an attorney who handles auto insurance disputes. They can determine whether the affidavit could affect your recovery from the at-fault driver or your own insurer.
If your crash involves a motorcycle, review the hazards of lane splitting to see how liability disputes can influence what you attest to in an affidavit.
What Happens After You Submit an Insurance Affidavit
Once submitted, the affidavit becomes part of your claim record. If it confirms valid insurance coverage, the insurer proceeds with liability assessment and payment processing. If it states there was no other insurance, it limits claims to the single policy named.
According to the California Department of Insurance, making false statements in an insurance context can result in civil penalties or criminal charges. Accuracy and documentation are essential.
If your insurer delays or rejects your claim, learn why insurance companies deny car accident claims.
Frequently Asked Questions
Should I sign an affidavit of no other insurance?
Only if you are certain no other active policy covers the incident. Consult a qualified attorney first to avoid unintentionally limiting your recovery.
Is an affidavit the same as proof of insurance?
No. Proof of insurance is a standard document from your insurer showing current coverage, while an affidavit is a sworn statement that may involve legal consequences if inaccurate.
What happens if I make a mistake on an affidavit?
You should immediately notify the requesting party and correct the record. Filing a false affidavit, even unintentionally, may violate California Penal Code Section 118.
Do I need an affidavit after every car accident?
Not always. They are typically required when there’s a dispute about coverage, multiple policies, or a request from an insurance adjuster or attorney.
For help with insurance affidavits after a car accident in West Covina, contact the Law Offices of Michael D. Payne at (888) 964-1530.