Am I liable for auto insurance fraud if I was covered but the policy holder used his name as driver instead?

The first thing you should do is report the accident to your insurance company. The second thing you should do is speak to the lawyer defending your friend and ask for help in straightening out the mess. Your actions may have jeopardized coverage under the insurance policies, but should not lead to a claim against you or your friend for auto insurance fraud. It will help the plaintiff's case because of your both lying.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

Your question is about criminal liability and following Mr. Fink's advice would be like walking into a buzz-saw.

As a lawyer whose practice is dedicated exclusively to criminal defense, I would strongly encourage you NOT to contact your insurance company without consulting with a criminal defense attorney first. The only thing that could be worse would be talking to the attorney representing your friend, who would be ethically obligated to throw you under the bus if it would help his client.

At this point, your friend is the one with the biggest problem. It sounds like he filed the false report with his insurance company. It's also very likely that he has filed a DMV form SR-1, report of traffic accident, which must be signed under penalty of perjury. Making a false statement under penalty of perjury is a felony that can be punished by up to three years in state prison.

Your drivers license could be suspended for failing to report this accident within ten days. If someone was injured and you failed to provide your information as the driver of the car, you could also be looking at felony hit and run charges.

I would encourage you not to talk with anyone but an attorney who is representing YOUR interests, not your friend's.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like Avvo, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.