What an affidavit is and why insurers ask for one
An affidavit is a written statement you sign under oath, swearing that everything in it is true. Your insurance company may ask you to provide one when you file a claim — especially if the claim involves uncertainty about what happened, who was at fault, or the extent of damage. The insurer uses it to verify your account before paying out.
Insurance companies request affidavits most often in situations where there are no police reports, no independent witnesses, or conflicting accounts of an accident. They may also ask for one if you're claiming theft, vandalism, or damage that occurred when you weren't present. The affidavit becomes part of your claim file and can be used if a dispute later arises.
You are not required to hire a lawyer to prepare or sign an affidavit for a routine insurance claim. Many people complete them on their own, though some choose to have an attorney review the language first — particularly if the claim is large or the circumstances are complex.
Key Takeaways
- An affidavit is a sworn statement that your insurance company uses to verify the facts of your claim before paying out.
- You sign an affidavit in front of a notary public, who witnesses your signature and confirms your identity — this is a legal requirement, not optional.
- The statement should describe only what you directly saw, heard, or experienced; do not include guesses, opinions, or information from other people.
- If your insurer asks for an affidavit and you're unsure what to include or how to word it, you can ask the claims adjuster for guidance or have an attorney review a draft.
- Lying on an affidavit is fraud and can result in claim denial, policy cancellation, and criminal charges — stick to facts you can support.
What to include in your affidavit
Your affidavit should begin with basic identifying information: your full name, policy number, and the date of the incident. Then describe what happened in chronological order, using clear, straightforward language. Stick to facts — what you saw, heard, felt, or did — rather than interpretations or conclusions.
For a collision claim, describe the location, weather conditions, traffic signals or signs, the other vehicle's movement, and the point of impact. For theft, describe when you last saw the vehicle, where it was parked, what you noticed when you returned, and what you reported to police. For vandalism or weather damage, describe the condition of the vehicle before and after, and any witnesses you spoke to.
Do not include statements like "the other driver was clearly at fault" or "I'm certain the damage was caused by hail." Instead, write "the other vehicle crossed the center line" or "I found dents on the roof consistent with hail damage." Let the facts speak for themselves. If you don't remember a detail, say so — it's better to omit something than to guess.
How to get an affidavit notarized
Once you've drafted your statement, you must have it notarized before submitting it to your insurance company. A notary public is an official authorized by your state to witness signatures and verify identity. The notary does not judge the content of your statement — they straightforward confirm that you signed it in front of them and that you are who you claim to be.
You can find a notary through your bank (many offer the service free to account holders), your local courthouse, a title company, a UPS Store or similar shipping center, or an online search for "notary public near me." Bring a government-issued photo ID. The notary will watch you sign the affidavit, sign and stamp it themselves, and provide you with a certified copy. The cost is typically $5 to $15 per signature.
Some insurance companies will accept an affidavit notarized remotely via video, though this varies by state and by insurer. Ask your claims adjuster whether remote notarization is an option before you schedule an appointment.
Common mistakes that weaken your affidavit
The most damaging mistake is including information you didn't directly witness. If a friend told you what happened, or you're repeating what someone else said, do not put it in your affidavit. Write only what you know from your own experience. If the claim hinges on information you didn't see yourself, tell your claims adjuster — they may be able to request a separate affidavit from the person who was present.
Another frequent error is being vague about timing or location. Instead of "it happened around noon," write "it happened at approximately 12:15 p.m." Instead of "near the grocery store," write "in the parking lot of the Safeway at 1200 Main Street." Specificity makes your account more credible and easier for the insurer to investigate.
Do not contradict yourself between your affidavit and your initial claim report. If you told the adjuster one thing over the phone and then write something different in the affidavit, the insurer will notice and may deny the claim. Review your claim file before you draft the affidavit to make sure your account is consistent.
When you might want a lawyer to review your affidavit
For straightforward claims — a minor fender-bender with police report, or vandalism you reported to police — you can usually draft and sign an affidavit on your own without legal review. The insurer's adjuster can also answer basic questions about what to include.
Consider having an attorney review your affidavit if the claim is large, if liability is genuinely unclear, if the insurer has already suggested they may deny the claim, or if you've had prior disputes with this insurer. An attorney can check that your language is precise, that you haven't inadvertently admitted fault, and that you've included all relevant facts. This review typically costs $100 to $300 and can prevent costly mistakes.
You should also consult an attorney if the insurer is pressuring you to sign an affidavit that contains false information, or if you're unsure whether signing would expose you to liability. An attorney can explain the legal consequences and advise you on what to do.
What happens after you submit your affidavit
Once you submit your notarized affidavit, the claims adjuster will review it along with other evidence — police reports, photos, repair estimates, medical records if applicable. The affidavit becomes part of your official claim file. The adjuster may contact you with follow-up questions if something in the affidavit is unclear or conflicts with other information.
The insurer will then make a decision: approve the claim and issue payment, request additional information, or deny the claim. The timeline varies depending on the complexity of the claim and the insurer's workload, but most decisions come within two to four weeks of submission. Your claims adjuster should tell you what to expect and when you'll hear back.
If the claim is denied and you believe the decision is wrong, you can file a complaint with your state's insurance commissioner. You can also consult an attorney about whether the denial was justified or whether you have grounds to challenge it.
Frequently Asked Questions
Can I sign an affidavit without a notary?
No. An affidavit must be notarized to be legally valid. Your insurance company will not accept an affidavit that you signed but did not have notarized. The notary's stamp and signature are what make it enforceable.
What if I don't remember exactly what happened?
Write what you do remember clearly and specifically. If a detail is fuzzy, say so in the affidavit — for example, "I do not recall the exact color of the other vehicle." It's far better to acknowledge a gap in your memory than to guess or fill in details you're unsure about.
Can the other driver's insurance company use my affidavit against me?
Yes, if the claim goes to litigation or if the other party's insurer requests it as part of their investigation. This is another reason to be precise and factual — avoid language that could be interpreted as an admission of fault or negligence on your part.
Do I need to keep a copy of my affidavit?
Yes. Keep a copy for your records along with the notary's certification. If questions arise later about what you said or when you said it, you'll have proof of what you submitted to the insurer.
What if my insurance company never asks for an affidavit?
Many claims are resolved without one. The insurer may have enough evidence from the police report, photos, or other documentation. If they don't ask for an affidavit, you don't need to provide one — but if they do ask, you should comply promptly.