Accident Attorney Mission Viejo | Is Your Claim Against the At Fault Driver or His Insurance Company?

As an accident attorney in Mission Viejo, I would like to help you answer two questions if you, a loved one, or someone you know has been injured in an accident due to the fault of some other person. They are as follows:

  1. Are you claiming against the person who was at fault for the accident or are you claiming against that person’s insurance company?
  2. What do you need to know in order to decide whether or not you would be better off handling the case yourself or having an attorney?

Who is the accident claim against?

If you are injured due to someone else’s carelessness your claim is against the person who caused the accident, not his or her insurance company.  That person’s insurance company is required by their insurance contract with their insured person to negotiate with you on that person’s behalf. If they can settle with you, the insurance company must pay the value of the claim up to a maximum of that person’s insurance limits but your claim is actually against the at fault person.

You or your attorney will thus be claiming against the person at fault for your injuries but negotiating against an insurance company. The insurance company employs a person called an insurance adjuster who is the representative of the insurance company handling that case for that other driver.  If you file a lawsuit the other driver’s insurance company will hire an attorney, called a defense attorney, who will then represent that other driver.

The same system applies in a non motor vehicle case where you have been injured.

Examples are cases such as a slip and fall case against the property owner , a dog bite case against the dog owner or other negligence case.

The reality of the situation is that you are claiming against the person who caused your injuries but their insurance company will be using representatives to handle the case on their insured’s behalf.   This is handled in the beginning of a case through you making a phone call or mailing a letter to the at fault person’s insurance company adjuster.


What do you need to know to decide whether you should handle the claim yourself or have an accident attorney in Mission Viejo takeover?

When you are ready to start your claim you have a decision to make. That decision is whether to negotiate with the at fault person’s insurance adjuster on your own or be represented by an accident attorney of Mission Viejo.  You may not need a lawyer but you should know what is involved in deciding to deal with the insurance adjuster on your own.

I have written an article about what I do on a case to help you understand what you are going to have to be prepared to do to get your case settled.   The article is named How to Settle Your Injury Case without Filing a Lawsuit. I have also made a video entitled How can I get my case or claim settled without a lawsuit? <video>

I have also written a book about dealing with insurance adjusters and related accident injury matters, which you can have at no charge and with no obligation. It is entitled Nine Mistakes That can Ruin Your California Vehicle Accident Case. You can download the book for free and if you wish a copy can be mailed to you, also at no charge


I hope that the article, video and free book are of use to you in making your decision on whether to work with an accident attorney in Mission Viejo.

I would like to speak to you about your claim or case, also at no charge and with no obligation. You can call me and speak to me for no charge at 949-496-7000.  I am also available by E mail at


Best regards,

John P. Burns

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