After a car crash in Chicago, you may find that the other driver carries coverage through Kemper Insurance. Navigating a Kemper insurance car accident claim can feel unfamiliar, especially because Kemper operates primarily in the nonstandard and specialty auto insurance market — meaning the policies it writes often cover higher-risk drivers or vehicles that standard carriers decline. Understanding how that market segment works and what Illinois law requires of every insurer can help you protect your rights from the first phone call.
This article provides general legal information; consult a licensed Illinois attorney for advice specific to your situation.
What the Nonstandard Auto Market Means for Your Claim
Kemper writes nonstandard and specialty auto policies, which are contracts issued to drivers or vehicles that fall outside the preferred market. That classification affects underwriting and premium pricing — it does not change the fundamental claims process, and it does not affect your rights as an injured third party. Illinois law treats all licensed auto insurers equally when it comes to how they must handle claims. Whether a policy is preferred, nonstandard, or specialty, the carrier is subject to the same statutory obligations and administrative regulations.
What the nonstandard designation may mean practically is that policy limits are sometimes lower than those carried by preferred-market drivers. Confirming the available coverage early in your claim matters. Under 215 ILCS 5/143.24b, an insurer must disclose the applicable policy limits to an injured person who submits a written request accompanied by a copy of a police report, medical records, or other documentation of the injury. This disclosure requirement applies to Kemper just as it does to every other licensed Illinois insurer.
Illinois Law on Insurer Claims Conduct
Illinois has two overlapping sources of law that govern how insurers must behave during the claims process. The first is 215 ILCS 5/154.6, which identifies a list of prohibited acts and practices that constitute unfair claim settlement practices when committed with such frequency as to indicate a general business practice. The prohibited conduct listed in that statute includes failing to acknowledge and act promptly on communications, failing to adopt reasonable standards for investigating claims, refusing to pay claims without conducting a reasonable investigation, and failing to promptly provide a reasonable explanation for a denial.
The second source is 50 Ill. Adm. Code Part 919, the Illinois Department of Insurance’s Unfair Claims Practices Regulations. Part 919 translates the statutory requirements into operational standards with specific timeframes. An insurer must acknowledge receipt of a claim within ten business days. It must complete its investigation and communicate its coverage position within forty-five days of receiving proof of loss, unless there is a reasonable basis for delay that the insurer documents in writing and communicates to the claimant. These timelines apply regardless of whether a carrier operates in the preferred or nonstandard market.
Common Friction Points in Third-Party Claims
When you file a third-party bodily injury claim against the at-fault driver’s Kemper policy, you are dealing with an insurer that represents the interests of its insured — not yours. That is true of every liability carrier. You should expect the adjuster to investigate liability, review your medical records, and assess damages from the insurer’s perspective. Several issues commonly create friction in third-party claims regardless of which insurer is involved.
Liability disputes arise when the insurer argues its policyholder was not fully at fault or that comparative fault should reduce the claim. Medical causation disputes arise when the insurer contends that some of your treatment was unrelated to the crash. Valuation gaps arise when the insurer’s settlement offer does not account for the full scope of your past and future medical expenses, lost wages, and pain and suffering. Documenting all of these elements carefully — with police reports, medical records, employer wage statements, and witness information — is essential before responding to any offer.
Your First-Party Rights If You Have Uninsured or Underinsured Coverage
If you carry uninsured motorist (UM) or underinsured motorist (UIM) coverage on your own policy, those coverages may be available even when the at-fault driver has a Kemper policy. UIM coverage becomes relevant when Kemper’s policy limits are insufficient to compensate you for your full damages. Your own insurer handles those claims under your own policy, and the same Illinois statutory and regulatory standards apply. Reviewing your own declarations page while your third-party claim is open ensures you are aware of every coverage layer available to you.
Filing a Complaint with the Illinois Department of Insurance
If you believe Kemper has violated the claims-handling requirements under 215 ILCS 5/154.6 or 50 Ill. Adm. Code Part 919 — for example, by failing to acknowledge your claim within the required period, conducting no meaningful investigation, or denying your claim without a written explanation — you can file a consumer complaint with the Illinois Department of Insurance at insurance.illinois.gov. The IDI reviews complaints for regulatory compliance and can take administrative action against insurers that engage in prohibited practices. Filing a complaint does not substitute for legal representation, but it creates a formal record and may prompt a response from the insurer.
For insurance claims after a car accident, understanding what regulators require of the insurer — and knowing that a documented complaint process exists — is part of protecting your position throughout negotiations.
Steps to Take After a Crash Involving a Kemper-Insured Driver
The practical steps after a crash do not change based on the at-fault driver’s insurer. Call 911 and ensure a police report is filed. Seek medical evaluation as soon as possible, even if symptoms feel minor initially. Collect the other driver’s insurance information at the scene, including the policy number and the insurer’s claims phone number. Photograph the scene, vehicle damage, and any visible injuries. Notify your own insurer of the crash promptly, as most policies require timely notification regardless of who was at fault.
Once you have received medical care and gathered documentation, submit a written demand for policy limit disclosure under 215 ILCS 5/143.24b if you have not yet confirmed the available coverage. Keep copies of every communication with Kemper’s adjusters, including the dates and content of phone calls. These records matter if a dispute about the insurer’s conduct later arises.
Talk to a Chicago Attorney — Free Consultation
If you or a family member has been harmed in a crash involving a Kemper-insured driver, the attorneys at Phillips Law Offices are ready to help. Call (312) 346-4262 or contact us online for a free, no-obligation consultation.
