Free case evaluation 24/7

(866) 393-4334

Can I Sue Kemper Insurance After A Car Accident?

Legally reviewed by: Miriam Domer November 28, 2023
  • Law firms who have achieved over $100 million in case results

  • Many $20 million dollar jury verdicts

  • Law firms awarded Best Law Firm in 2022 by US News and World Report

Yes, in some cases you can sue Kemper Auto Insurance following an auto accident. However, there are several steps that must first be taken before being eligible for this option.

For example, you will typically need to file an auto or injury claim before being able to take a car insurance company to court.

Going up against an auto insurance company can be a complex and lengthy process. If you feel that suing Kemper insurance is something you need to pursue to obtain sufficient compensation, consider working with an experienced auto accident attorney.

A Kemper insurance agent showing the male customer where to sign the car insurance claim form while female car owner standing beside them talking on her phone

What To Know About Suing Kemper Auto Insurance

One important factor to consider when deciding to sue Kemper insurance for an accident claim is that the case will be directly affected by the state you live in and its insurance laws.

While the majority of states are at-fault states, which means that the driver who caused the accident is typically held responsible for damages, some states are no-fault states.

For example, New York is a no-fault state. This means that if you live in New York, your own insurance company would be held liable for compensating you for any damages or injuries incurred in an accident.

This is different from an at-fault state, such as California, in which the at-fault party’s insurance would compensate you.

Is Suing Kemper Auto Insurance The Same As An Insurance Claim?

No, suing an insurance provider like Kemper Auto Insurance is not the same as filing an insurance claim with the company.

If you or the at-fault driver have driver’s insurance, the first course of action following an auto accident is to submit a claim with the at-fault driver’s insurance company. If the at-fault driver is uninsured, you may need to submit the claim with your own provider.

Once submitted, an insurance agent will review your claim and an adjuster will analyze the details to determine the appropriate payout for your damages and losses.

If the insurance company acts in bad faith throughout the claims process, unreasonably denies your claim, or refuses to pay a fair settlement, you may then choose to sue the company.

Eligibility For Filing A Car Accident Lawsuit Against Kemper Auto Insurance

In most cases, eligibility for filing a car accident lawsuit against an insurance company involves being able to prove that the company acted in bad faith.

Bad faith occurs when an insurance provider attempts to undermine your claim, not honor your auto insurance policy, or deny your claim unreasonably.

Some examples of bad faith in the auto insurance industry may include:

  • Insurance adjusters demanding excessive proof of damages and losses
  • Taking an unreasonable amount of time to process your insurance claim
  • Not honoring all of your damages or losses, such as neglecting to provide compensation for medical expenses
  • Refusing to accept your claim despite it meeting eligibility criteria

If you’re unsure if Kemper corporation acted in bad faith when handling your claim, consider reaching out to a personal injury or auto accident attorney. They can help you determine if you have a case for suing the company.

What Type Of Lawsuit Can You File Against Kemper Auto Insurance?

There are a few primary lawsuits you may be able to start against auto insurance companies following a motor vehicle accident.

Some of the most common types of lawsuits you can file include:

  • A personal injury lawsuit, which sues the insurance company for losses related to bodily injury in the accident.
  • A wrongful death lawsuit, which sues the insurance company for losses associated with the death of a passenger as a result of the collision. For example, you may sue for funeral expenses and future lost wages.

Factors In Car Accident Lawsuits Against Insurance Companies

Several factors can influence the overall outcome of a car accident lawsuit against an insurance company.

Some of the most common factors to consider include:

  • Whether the at-fault driver has motorist coverage and liability insurance
  • The extent of property damage
  • The extent of bodily injury
  • Whether wrongful death was involved
  • The state you live in
  • The level of negligence each driver possesses
  • How much evidence you possess to prove your losses and damages

How To Sue Kemper Auto Insurance After An Auto Accident

The following are common steps you may need to follow when suing Kemper Auto Insurance:

1. Hire An Auto Accident Law Firm Or Attorney

Filing a lawsuit against a large insurance provider is rarely easy, and having a dedicated attorney on your side can help ensure that your case goes as smoothly as possible.

Make contact with an attorney as soon as possible following your car accident. The attorney can provide you with a free consultation to see if they would be a good fit for your case.

2. File Your Insurance Claim With Kemper

The next step is to submit your auto insurance claim with Kemper. In most cases, you may only be eligible to sue the company if you first go through the claims process. Your attorney can help you gather relevant information and file the claim.

3. Start Settlement Negotiations

Part of the claims process is reaching an agreement in terms of a fair settlement that compensates you for damages and losses incurred in the accident.

In most cases, your attorney can act on your behalf and participate in negotiations with the insurance company. If a settlement is reached and agreed-upon by both parties, the claim will be closed.

4. Start A Lawsuit Against Kemper Auto Insurance In Court

In the rare event that a settlement cannot be reached, your attorney may advise you that your best option is to file a lawsuit against Kemper. This lawsuit can help ensure you get the compensation you need and deserve after an auto accident.

Evidence You Need To Sue Kemper Auto Insurance

The more evidence you possess supporting your case against Kemper Auto Insurance, the better the outcome of your lawsuit will likely be. If you’re unsure what evidence you need, talk to your car accident lawyer.

Common pieces of evidence used in lawsuits against auto insurance companies include:

  • Police reports
  • Medical bills and expenses
  • Medical records
  • Images of property damage
  • Witness contact information and statements

Kemper Auto Insurance Coverage And How It Affects Lawsuits

Kemper Auto Insurance, like most large insurance companies, offers several insurance coverage options to its auto insurance policyholders. The type of coverage both you and the at-fault driver have can impact both the claims process and a lawsuit.

Common types of insurance coverage provided include:

  • Liability coverage, which helps cover other drivers who may be injured or experience property damage as a result of an accident you’re found liable for.
  • Gap insurance, which helps cover the gap between what your vehicle is worth and what is still owed should you total a car you haven’t fully paid off.
  • Comprehensive coverage, which offers coverage for damages to your vehicle that happen from things such as wind or a tornado.
  • Collision coverage, which provides coverage should you damage your vehicle in an accident with another vehicle or object.

How Long Do You Have To Sue Kemper Auto Insurance After An Accident?

The amount of time you have to file a lawsuit against Kemper Auto Insurance following a car accident will largely be based on the statute of limitations in your state. The statute of limitations dictates how long you have from the date of the accident or injury to submit a claim or sue.

For example, in Florida, the statute of limitations is two years. This means that residents have exactly two years from the date of the collision to file their lawsuit.

Kemper Car Insurance Lawsuit Settlements

Kemper Auto Insurance doesn’t provide readily available information related to its car insurance lawsuit settlement results.

However, the Insurance Information Institute stays up-to-date on general statistics related to lawsuit settlements with large auto insurance companies like Kemper.

According to the III, the average settlement in 2018 for an accident causing property damage was around $4,000. The III also found that cases involving personal injury related to auto collisions settled at around $16,000 on average.

Types Of Damages In Kemper Auto Insurance Car Accident Lawsuits

The types of damages included in your lawsuit against Kemper will vary depending on several factors. Some of these factors include the severity of the accident and injuries incurred.

Common damages seen in these types of lawsuits include:

  • Property damage
  • Medical expenses and bills
  • Lost wages
  • Loss of consortium
  • Pain and suffering
  • Wrongful death
  • Loss of future income

Your auto accident attorney can help you determine which damages apply to your case and ensure each damage is appropriately represented in court.

Kemper Auto Insurance Auto Insurance Statistics

For those with a clean auto record, the average auto insurance premium with Kemper is around $2,013. For those with an accident or DUI on their records, the average premium tends to be around $4,300 per year.

Kemper Auto Insurance offers its policyholders a number of discount opportunities, including family discounts, multi-policy discounts, and car safety feature discounts.

Get Help Suing Kemper Auto Insurance After A Car Crash Today

Auto accident lawsuits are no small feat, especially when you’re trying to get back on your feet after a collision that involved property damage, injuries, or worse.

Working with an experienced personal injury attorney can help ensure your rights are fully represented and the insurance company doesn’t take advantage of you in court.

Reach out to LegalFinders today to get connected with a car crash attorney in your area.

Kemper Auto Insurance Car Accident Lawsuit FAQs

The following are common questions related Kemper Auto Insurance auto accident claims and lawsuits:

How Much Money Can I Get From A Car Accident Lawsuit Against Kemper?

How much money you can win in a car accident lawsuit against Kemper will vary greatly depending on several factors. Some of these factors include the type of insurance coverage the at-fault driver has and the severity of the damages and/or personal injuries you incurred.

How Long Will A Kemper Car Accident Lawsuit Take To Settle?

Once a car accident lawsuit goes to court, there is no set time in which it has to be settled. This means that your lawsuit could take several weeks or months or even years in some cases.

Do I Need A Lawyer To Sue Kemper After A Car Accident?

While you could theoretically act as your own legal representation in a lawsuit against Kemper, this is not recommended. Auto accident lawsuits can be complex and require an in-depth knowledge of the law surrounding auto accidents and auto insurance.

You would benefit greatly from working with a car accident lawyer who has court experience and can competently represent you in a lawsuit.

Article Sources

Insurance Information Institute. “Facts + Statistics: Auto insurance.” Retrieved from: https://www.iii.org/fact-statistic/facts-statistics-auto-insurance.

Kemper. “Report A Claim.” Retrieved from: https://www.kemper.com/claims/report-a-claim.

Value Penguin. “Kemper Auto Insurance Review.” Retrieved from: https://www.valuepenguin.com/kemper-auto-insurance-review.

ON THIS PAGE