Is a plaintiff in a personal injury action against an insurer when he is injured in a motor vehicle accident?

Specifically, a third-party claimant such as English may not file a direct action against an insurer until after that third-party claimant has obtained a civil judgment against the insured in "an action based upon bodily injury, death, or property damage." (Ins. Code, 11580, subd. (b)(2) [insurance policies covering loss of or damage to property caused by, among other things, any vehicle must include "[a] provision that whenever judgment is secured against the insured or the executor or administrator of a deceased insured in an action based upon bodily injury, death, or property damage, then an action may be brought against the insurer on the policy and subject to its terms and limitations, by such judgment creditor to recover on the judgment"].) Thus, pursuant to Insurance Code section 11580, subdivision (b)(2), "an injured party is compelled to bring two lawsuits if he seeks to collect a judgment from the insurer which issued a liability policy." (Billington v. Interinsurance Exchange of Southern California (1962) 71 Cal.2d

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