Affiant

Definition

An affiant is a person who makes and signs an affidavit—a written statement of facts made voluntarily under oath or affirmation. The affiant swears or affirms that the information contained in the document is true and accurate to the best of their knowledge, understanding that making false statements could result in perjury charges.

How It’s Used in Personal Injury Cases

In personal injury litigation, affiants play important roles throughout the claims process. Insurance companies often require affiants—such as claims adjusters or the insured party themselves—to provide sworn statements about policy coverage, limits, and the circumstances of an accident. Your attorney may also ask you to serve as an affiant to document your version of events, your injuries, or your losses. Witnesses who cannot appear in court may provide affidavits as an alternative way to present their testimony. During settlement negotiations, insurance representatives may sign affidavits certifying policy limits and available coverage.

Practical Example

Consider a car accident case where the at-fault driver’s insurance company offers to settle for their policy limits of $50,000. Before accepting this amount, your attorney requests an Affidavit and Certificate of Insurance from the insurance company’s representative (the affiant) confirming that no additional coverage exists. The affiant—typically a claims adjuster—signs this sworn document attesting that they have researched all available policies and that $50,000 represents the maximum coverage available for your claim.

Why It Matters to Your Case

The identity and credibility of an affiant can significantly impact your case. When an insurance company provides a sworn statement about policy limits through an affiant, this creates legal documentation that can be relied upon during settlement negotiations. If additional coverage is later discovered after you’ve already settled based on their affidavit, you may have grounds to reopen your claim. Conversely, if you serve as an affiant in your own case, your sworn statements become part of the official record and can be used to support—or potentially contradict—your claims at trial.

Key Takeaway

An affiant is anyone who signs a sworn statement in a legal proceeding. In personal injury cases, affiants provide critical documentation about everything from insurance coverage to accident details, and their sworn statements carry legal weight throughout your case.