When the Claim is a Wreck: Wake-up Call for Our Industry

By Jennifer Hurless, J.D., President of PartnerSource

For most of us working in risk management, our claim experience resides on the defense side, where we regularly work to resolve conflict without the need for litigation. But, have you ever found yourself lost “on the other side”? 

Jolting Reality

It was a sunny afternoon when the phone rang, jolting my friend from her work. Her daughters were on the other end, their voices trembling. They had been in a car accident—a classic chain reaction. Their car had been hit from behind, the force pushing them into the vehicle in front. 

"It’s okay," the mom reassured them. "These things happen. Thankfully, your mom is in the claim business!  I’ll call the insurance companies and explain. It’s clearly not your fault. One of them will take care of it."

What seemed like a straightforward situation quickly turned into a convoluted mess. Each insurance company pointed fingers at the other, refusing to accept responsibility. Insurance company X referred her to one adjuster who passed her to another. While the injury wasn’t urgent, medical treatment was advisable--at least a diagnostic test to confirm no damage to her daughter’s wrist. Days turned into weeks, adjuster B turned into adjuster C, then D, and the back-and-forth continued. As the days dragged on, the mom, a seasoned claim professional, found herself contemplating the very thing she had hoped to avoid—engaging a plaintiff attorney. 

Determined to navigate this for her daughters, my friend reluctantly called a friend-of-the-family, someone who worked for a plaintiff attorney who passed her along to intake. Intake immediately provided referrals to physical therapy, pain management, and a treating physician.  Keep in mind that these referrals were not requested, nor necessary.  She wasn’t even looking to take legal action—she just wanted advice on how to navigate the situation.  

That one phone call to the friend who passed her along to intake unleashed an avalanche of advertisements. The mom found herself in a never-ending cascade of ads with promises from a barracuda, a lion, and some guy shouting from the hood of an 18-wheeler that took over her social media. 

About two weeks later, she received a call from a “claim specialist.” She didn’t recognize the man’s name, but he acted familiar, noting that he was following up from last week’s call and assisting with the damages. He began to ask questions to gain information that my friend knew he should already have, if he was looking at the claim file. With the big red flag waving in front of her, she focused on one simple question: “Who do you work for?” After repeated attempts to dodge the question, the “claim specialist” hung up, never disclosing who he worked for.  

Be Aware of Aggressive Solicitation Tactics

Trial lawyers spend jaw-dropping amounts of money on advertising to recruit new clients.  In 2024, more than $2.5 billion was spent across the U.S. on ads for legal services. By way of comparison, the soft drink industry spent approximately $1.1 billion on advertising in 2024.  

There are rules on solicitation for legal services. The American Bar Association (ABA) Model Rule 7.3 prohibits a lawyer from soliciting professional employment by live person-to-person contact when a significant motive for the lawyer’s doing so is the lawyer’s financial gain. The ABA and state bar associations also prohibit use of “runners” (or non-attorneys) paid by a lawyer to find and solicit clients. 

Many states, including Texas, have specific laws criminalizing the illegal solicitation of legal business and setting civil penalties. In fact, in Texas, a new law effective September 1, 2025 increased the civil penalty for illegal solicitation to $50,000 per violation, plus other damages.  

But, the governing bodies for legal solicitation have not kept up with the business of legal advertising. I suspect that the “claims specialist” who called my friend wasn’t a lawyer or an adjuster; he likely worked for a digital marketing firm that creates a deceptive network where they pay for leads and then sell victims’ personal information to the highest bidding attorney.  Think of it as 2025’s version of the ambulance-chasing runner.  

These campaigns prey on fear and confusion. If my friend, with years of professional claims handling experience, felt overwhelmed and confused, how would someone injured on the job feel? Would they struggle to understand the distinction between pain caused by work versus an undiagnosed personal medical condition? Would they feel unsupported at their most vulnerable time? Would they wonder how they would feed their families while being made outlandish promises (or threats) from bad actors in the industry?

Our Takeaway

Even with her extensive claims background, my friend—uninjured, with personal family support and with years of experience under her belt--could not navigate the claims process without legal support. It shouldn’t be this hard.  

From my perspective, the takeaway to this story is clear: It’s up to the good actors, like PartnerSource, our clients and our partners, to exemplify the standards our entire industry should live up to.

In an industry where bad actors can tarnish trust and integrity, it's more important than ever to lead with purpose and principle. The presence of those who exploit the system should fuel our commitment to doing things differently, and doing them right. By upholding not just the letter of the law but also its intent, and by coupling that with compassion, ethics and transparency, we set ourselves apart. 

Please think about your own claims reporting process and how your team interacts with your injured workers. Most injured workers want to return to pre-injury status, and all claimants need clear communication from an adjuster who is knowledgeable and accessible. Without that support and communication, one simple post on social media may lead your injured worker into the world of unnecessary medical care and complex litigation at the hands of an unscrupulous plaintiff attorney. 

This approach ensures that we’re not only compliant, but also truly serving those who matter most: the injured workers who need support and the employers who genuinely care about their wellbeing. It's this steadfast integrity that defines who we are — and why what we do makes a lasting difference.