Legal Question in Insurance Law in California

It depends on whether or not you paid the claim, your insurance company paid the claim, or no one paid the claim because it was fraudulent. Unless you personally paid the claim, you have no claim against them. If you personally paid the claim, you could legally claim punitives as well as recovery of the amount paid due to fraud, but not attorneys fees. If your insurance company paid the claim you should turn the information over to them. You probably have a requirement in your policy that you do so, plus it might help lessen the blow to your insurance rates for having an at-fault accident.

Making false or fraudulent claims is a crime and the criminal penalties can be quite severe. However, as the resources of the prosecutors are often quite limited, and fraud cases can chew up significant prosecutorial resources, a prosecutor is likely to they take action only in situations where the facts are rather clear if not egregious.

The District Attorney in your county may take an interest if you or your insurance company's fraud bureau presents clear proof that the other person lied and/or made fraudulent claims -- a mere difference of opinion as to the facts surrounding the accident, or whether that 15th visit to the chiropractor was essential, or his or her pain level after the accident would not be sufficient.

As for potential civil claims you might bring, these are NOT he types of cases that an attorney would normally take on, particularly on a contingency fee basis.