Tom,

When the law does not seem to make sense then follow Deep Throat's advice and follow the money.

There has long been liability issues between worker's compensation insurance, health insurance and auto insurance. The difference is that insurance companies rarely enter contingent fee agreements.

It is a question of priorities. The health care provider has already been paid for their services, they are whole. The injured party is my next priority. The insurer that paid the bills is my next priority. Only then should the contingency fee be paid.

Most people believe that tort law should be proportionate responsibility, but it almost always is joint and several liability.