Legal Question in Intellectual Property in California

Re: False claim of injuries

First, your question is in the wrong category. The "intellectual property" category deals with things like patents, trademarks, trade secrets and copyrights. LawGuru probably has a category for auto accidents or something similar. No harm done, and I see yo already have one answer, but if you don't get as many answers as you would like, or if you want more depth and experience in your area of concern, you might try re-asking under another category.

OK, as a non-expert in auto accident law, my first reaction is that you should rely upon your insurance carrier to defend you. They probably have that obligation. Make sure the insurance company's attorney or claims rep has all the facts and is aware of all the claims made against you. If and only if your insurance company declines to assume the defense of a claim do you need to find your own lawyer (in most simple cases, at least).

Whether a claim is fraudulent or not would be a question for judge or jury at trial, but a careful reading of all the facts alleged in the complaint might tip you off to the likelihood of fraud; conducting pre-trial discovery would add to a defendant's understanding of the factual basis for the claims made and strengthen (or weaken) the suspicion that a claim is fraudulent.

I've noticed that insurance companies are willing to defend claims against a client, but often unwilling to pursue cross-complaints. Thus, your insurance company may not be especially willing to go on the counter-attack and allege fraud. Again, you should discuss this with the insurance attorneys.

Re: False claim of injuries

Auto insurance companies are usually pretty good at fighting bogus claims like this. Make sure you tell your insurer about the injury claim, if you have not already done so, and send them all documents you receive from the other lawyer without delay.