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A driver's affidavit is a sworn written statement made by a driver to confirm facts about a specific incident, their licence status, or their conduct on the road. It is used in insurance claims, civil proceedings, or regulatory investigations where a formal statement carrying criminal liability for falsehood is required.

Common situations include road traffic accident claims where liability is disputed, insurance fraud investigations, court proceedings where the driver is a witness, and regulatory inquiries by DVSA or the police. An insurer may also request an affidavit as part of a large or complex claim settlement process.

Both record a person's account of events, but an affidavit is sworn before an authorised person under the Oaths Act 1978 and carries criminal liability if false. A witness statement prepared for civil proceedings under CPR Part 32 is signed with a statement of truth, which also carries contempt of court consequences for deliberate falsehood.

Yes. Affidavit evidence is admissible in summary proceedings in England and Wales. However, the opposing party may require the deponent to attend for cross-examination, in which case the written affidavit supplements their oral evidence rather than replacing it entirely.

It should identify the deponent fully (name, address, date of birth), state the date, time, and location of the relevant incident, describe what the driver observed and did, confirm licence and insurance details where relevant, and be signed in the presence of an authorised person with the jurat (swearing clause) completed.

The driver attends a solicitor or commissioner for oaths, reads the affidavit, and swears or affirms that the contents are true. The authorised person endorses the document with their name, qualification, and the date of swearing. Most solicitors charge a fixed fee for this service, which is modest and widely available.

Yes. Insurers in England and Wales may accept sworn affidavits as supporting evidence in claims, particularly where a driver needs to confirm events surrounding an accident. The insurer's own claims handling process will specify what formal evidence is required, and the affidavit supports but does not replace other documentary evidence such as dashcam footage.

A driver cannot generally be compelled to swear a voluntary affidavit. However, a court may order the disclosure of information in proceedings, and refusing to comply with a court order carries contempt of court consequences. In an insurance context, refusing to cooperate may breach the policy conditions and jeopardise the claim.