What to do if Kemper Won’t Settle

Dealing with an insurance company after an accident is hard enough. But when that company refuses to offer a fair settlement—or refuses to settle at all—it can feel like you’re being victimized twice. If Kemper Insurance is refusing to settle your claim, you are not alone. Many injured people across California face this same challenge. At Anderson Franco Law, we’re here to help you understand your rights and guide you toward the justice and compensation you deserve.

Understanding Why Kemper Might Refuse to Settle

Insurance companies like Kemper are for-profit businesses. Their goal is to pay out as little as possible, even on legitimate claims. They may deny or delay your claim to protect their bottom line. Here are some common reasons why Kemper might refuse to settle:

• They dispute who was at fault.
• They claim your injuries aren’t as serious as you say.
• They argue your medical treatment wasn’t necessary.
• They think your damages are worth less than what you’re asking.
• They believe you have no leverage because you’re not represented by a lawyer.

Step 1: Review the Insurance Communications Carefully

Whatever their reason, a denial or lowball offer from Kemper does not mean the end of your case. It’s just the beginning of a new phase—one where you need strong legal advocacy.

Before taking further action, gather all communication from Kemper. This includes emails, letters, and claim adjuster notes. Review their reasoning for refusing to settle. Do they mention insufficient documentation? Do they question fault? Understanding their objections helps you craft a response.

At Anderson Franco Law, we carefully review the entire claims file to identify inconsistencies, missing documentation, or bad faith tactics. This foundation is critical before moving forward.

Step 2: Make Sure Your Demand Package Is Strong

Sometimes, insurance companies like Kemper deny claims because the demand package was incomplete or weak. A solid demand letter includes:

• A clear timeline of the accident
• Photos of the scene, property damage, and injuries
• All relevant medical records and bills
• Proof of lost wages or missed work
• Expert evaluations, if needed
• A detailed explanation of your pain and suffering

If you sent your own demand without legal help, there’s a chance Kemper isn’t taking it seriously. Hiring a lawyer like Anderson Franco can shift the power dynamic. We craft persuasive, thorough demands that demonstrate the strength of your case and the real cost of your injuries.

Step 3: Understand the Value of Your Case

You can’t settle for fair compensation if you don’t know what your case is worth. Many injured people undervalue their own claims. They may focus only on medical bills without considering:

• Future medical needs
• Pain and suffering
• Emotional distress
• Permanent impairment
• Loss of enjoyment of life

At Anderson Franco Law, we help you calculate the full value of your claim, including long-term consequences. This is vital when pushing back against an insurer that’s trying to minimize your case.

Step 4: Push Back with Legal Pressure

When Kemper won’t settle, it’s time to push back. Often, the only thing that motivates insurance companies is the threat of litigation. As your attorney, we send a firm letter that includes legal arguments, case law, and evidence supporting your position.

Sometimes, a strong pre-litigation letter is enough to make Kemper reconsider. Other times, we need to file a lawsuit. But in both scenarios, the key is showing Kemper that you are not backing down—and that you have experienced legal counsel who knows how to build a case for trial.

Step 5: File a Lawsuit If Kemper Won’t Settle

If all negotiation fails, you may need to sue. Filing a lawsuit puts legal pressure on Kemper. They will have to respond in court, participate in discovery, and possibly appear before a judge or jury. This can often lead to a settlement before trial.

Litigation isn’t always fast, but it can be the most powerful tool you have. At Anderson Franco Law, we don’t file lawsuits just to scare the other side—we do it to get results. We handle depositions, expert witnesses, and trial preparation with the goal of getting you maximum compensation.

Step 6: Document Everything Carefully

Throughout the process, continue documenting everything. Keep a journal of your pain and recovery. Track your doctor visits, prescriptions, and time off work. Save all communications with Kemper or their lawyers.

This evidence becomes powerful in court—or during settlement talks. Detailed records show the real impact the accident had on your life and help prove the value of your case.

Step 7: Know Your Rights Under California Law

California law provides strong protections for injury victims. If Kemper acts in bad faith—such as unreasonably delaying payment, denying a valid claim, or misrepresenting policy terms—you may be able to sue them for additional damages.

Bad faith insurance claims can result in:

• Compensation beyond your original damages
• Punitive damages
• Attorney’s fees

We have experience identifying and pursuing bad faith claims. If Kemper is playing games, we will hold them accountable.

Step 8: Don’t Wait Too Long If Kemper Won’t Settle

In California, personal injury claims are generally subject to a two-year statute of limitations. If your accident was more than two years ago and you haven’t filed a lawsuit, you could lose your right to seek compensation.

Some claims have even shorter deadlines, especially if government entities are involved or if workers’ compensation overlaps with your case. The sooner you talk to a lawyer, the better your chances.

Step 9: Avoid Talking Directly to the Insurance Adjuster

Once you’re represented by a lawyer, you should no longer speak to Kemper’s insurance adjuster directly. They may try to get you to say something that hurts your case or accept a low settlement.

All communication should go through your attorney. This protects your rights and ensures that nothing is said or misunderstood that could later be used against you.

Step 10: Don’t Give Up If Kemper Won’t Settle

It’s easy to feel discouraged when a powerful insurance company refuses to do the right thing. But don’t give up. Many cases that are initially denied or lowballed end up settling for far more once the right legal pressure is applied.

At Anderson Franco Law, we have helped injured people across California fight back against insurers like Kemper. We know the playbook, and we know how to win.

We’re Ready to Help

If you’ve been injured and Kemper won’t settle your claim, contact Anderson Franco Law today. We offer free consultations and don’t charge a fee unless we win your case. Let us fight for the compensation you deserve—because your health, your recovery, and your future are too important to let an insurance company decide.