They can't sue by themselves; they have to
convince the insured to sue, and turn over any award to the
insurance
company.

I don't think so. An insurance carrier that has paid a claim for
injuries
caused by a third party has every right to sue that third party to
recover
its losses. It's called subrogation, and it's done all the time if
the
underwriter believes there is a good chance of actually collecting.
--
-Elliott Drucker

All well and good, but what of all the auto accidents every day? How
often do drivers receive a bill from the injured party's
hospitalization insurance carrier, under threat of suit for
negligence? Fat chance those people, and the friends they tell the
story to, will consider that company in the future for their
hospitalization coverage. The subrogation clause in my health policy
says if I receive a damage award, all or part may have to be paid over
to them.

Fred F.