The Insurance Industry
1. Do I sue the insurance company of the driver that caused the collision?
No. As a general rule, Iowa law does not let you do that. You have to sue the driver or the owner of the car. The insurance company works behind the scene by providing a lawyer for the driver or owner and by controlling the decisions made in the case. The driver or owner (known as the tortfeasor) has no authority to settle the case. The insurance company is running the show. This gives jurors the wrong impression, with many of them thinking that there is no insurance and it makes them feel sorry for the driver/owner. The insurance companies hope that juries give less money that way.
2. Can I ever sue an insurance company directly?
Yes. If the driver/owner of the car that hurt you does not have any insurance (uninsured) or not enough insurance (underinsured), you can ask your own insurance company to pay for your harms and losses.
3. Is that any different in a medical negligence case?
No. You must sue the health care provider that caused your harm. But, there are rare situations where the hospital or a large clinic decides to self-insure and they get to control the decision-making.
4. I hear people say that it is real easy to sue doctors and hospitals, and that because of that there is a "medical malpractive" crisis, which will make doctors leave the state. Is this true?
No. First, it is VERY HARD to sue doctors for three main reasons: 1) it is very expensive to prove medical negligence. It is common to spend (not attorney's fees, but costs) between $20,000 and $50,000 to prepare a case for trial and then there are equal costs for trial; 2) people like doctors and hospitals and want to protect them; and 3) doctors tend to protect each other and their insurance companies have access to alot of other doctors willing to help protect the doctors/hospitals. The resources are lopsided in favor of the medical profession. All you will have is a lawyer willing to help you; a lawyer that people are attacking as greedy and unethical. It paints quite a picture against your case.
Second, the idea of a "medical malpractice" crisis comes from the insurance industry that has alot to gain. So, consider the source of this story.
Finally, as for the idea that doctors are leaving the state, the license numbers from the Iowa Board of Medicine prove that doctors are staying in the state. All you have to do is look around and see the large buildings and medical districts that the doctors and hospitals are building, and the large amount of advertising that they are doing to understand that there is no crisis--but rather a very healthy medical profession.
