Can my private health insurance kick me out?

Privately insured persons can claim back premiums that have been paid in excess, as many private health insurance premium increases of the last ten years are ineffective. However, many insured persons have concerns that the claim could have a negative impact on their insurance status. In this article, we from the BRR consumer law firm Baumeister Rosing explain why these fears are unfounded.

Insurers announce increases for 2021

In the past few days and weeks, numerous private health insurers have informed their customers about a premium increase for 2021. In some cases, the premium adjustments are drastic: A study by the Scientific Institute of Private Health Insurance (WIP) showed an average increase for the coming year of 8.1 percent. The Debeka had even announced increases of 17 percent.

PKV premium increases are not uncommon

While private health insurance premium increases are in themselves quite legitimate, they always mean additional financial burdens for the insured. Private health insurance can become a cost trap, especially for people over 55 who can no longer switch to statutory health insurance from this age. This also applies to self-employed people who struggle with loss of income in corona times.

Privately insured persons can claim back premiums

For many privately insured people, however, there is hope of financial compensation. Private health insurers are legally obliged to provide their customers with comprehensive and understandable information about premium adjustments. In a judgment of December 19, 2018 (file number IV ZR 255/17), the Federal Court of Justice (BGH) stipulated that the question of proper justification in the letter of increase can be judicially examined. If there is insufficient justification, the privately insured person can claim back premiums that have been overpaid.

Several judgments against insurers

Almost all companies have worked sloppily here in the past and clearly disregarded consumer rights. Some courts have already passed judgments against various insurers and awarded customers up to 12,000 euros. Among other things, it concerned AXA (Az. 9 U 138/19), Barmenia (Az. 2-23 O 198-19), DKV (Az. 9 O ​​396/17) and Debeka (Az. 9 U 237 / 19).

Fear of expulsion or additional costs

As a consumer law firm, however, we have noticed that many insured do not dare to take legal action against their insurance company. Many fear that their insurance will kick them out if they reclaim the overpaid money from the ineffective premium increases. There is also the fear that this will in turn make tariffs more expensive.

Consumer advocates: Insured cannot be terminated

Attorney Florian SO Rosing from the BRR consumer law firm Baumeister Rosing can reassure the insured: »The insurance contract remains in place even if there is a lawsuit. No insured person will lose their insurance or run the risk of being terminated because of the claim. Even if some insurance companies may wish this, this option does not exist! A tariff increase following the repayment is also not permitted. ”

Option for the future: tariff optimization

In order to save money with private health insurance in the future, there is the option of tariff optimization. “While the reimbursement brings you back the premiums paid too much in the past, the tariff optimization within one company or the tariff change to another health insurance can secure you cheaper premiums for the future”, says Rosing. »We recommend that you always check the tariff optimization. In doing so, however, it is essential to ensure that you not only pay less, but also keep the same services as possible, or you have to check carefully which services you want to have. Not all tariff optimizers go into this in detail. In general: As always with contracts, you shouldn’t just look at the money here. ”

Act now!

Do you have private health insurance and would you like to review the increases in private health insurance contributions in recent years? Then you can do this very easily and free of charge at www.baumeister-rosing.de/private-krankenversicherung/. You can also call us on 030/22 01 23 80, Monday to Friday from 9 a.m. to 6 p.m. We make ourselves strong for you!

–