Private health insurance customers should seek legal advice if they want to reclaim contributions from ineffective increases in their private health insurance. This is what consumer advocates advise all those with private health insurance. The insured is often uncertain as to whether a claim is worthwhile or whether it will ultimately result in more costs.
In this post, we explain why you shouldn’t shy away from going through a law firm.
Claim money back: How insured persons track down ineffective private health insurance contributions
At the beginning of 2021, those with private health insurance were faced with drastic increases in their private health insurance contributions. The stresses caused by the corona epidemic in particular have further increased the costs for the insurance industry. For some insured persons, however, doubts grew as to whether all of the PKV’s premium increases were right. So it came about that private health insurance customers began to have the legality of the premium increases checked legally. It was found that almost all insurers had not properly informed their customers about increases. Lawsuits against well-known insurers such as AXA, DKV and Barmenia followed.
BGH: Insured persons can claim back ineffective private health insurance contributions
In December 2020, the Federal Court of Justice (BGH) finally decided in two cases that premium increases in private health insurance are ineffective if they are inadequately explained. In this case, the premium adjustment is ineffective, so that private health insurance customers can get back premiums that have been paid too much (Ref .: IV ZR 294/19 and IV ZR 314/19).
Lack of transparency: PKV increase letter did not meet legal requirements
In the two BGH proceedings, PKV customers were brought to court against AXA Versicherung for overpaid premiums. In the first case this concerned the years 2014 to 2016, in the second case the years 2014, 2015 and 2017. In both cases the plaintiffs had complained that the letters of increase in the private health insurance contributions did not meet the legal requirements. In the event of a premium increase, the insurance company must inform its customers of the reason in an understandable and understandable manner (Section 203 (5) VVG). However, in the past most insurers have not exercised the necessary care. They had merely given their customers general reasons such as “increased costs” or “high life expectancy” or simply reproduced the wording of the legal text.
Private health insurance policy holders: why not seek legal advice?
This means that many privately insured people have the opportunity to get back overpaid premiums from their private health insurance and thus relieve themselves financially. However, consumer advocates notice a great deal of uncertainty among private health insurance customers when it comes to obtaining legal advice on this issue.
Consumer protection: transparency and necessary education
“We find that it takes a lot of people to get in touch with a law firm,” says Florian Rosing from der BRR consumer law firm Baumeister Rosing. “Many consider lawyers to be know-it-alls in suits, who twist the word of their counterparts and pull the money out of their clients’ pockets. When they do decide to talk to a lawyer, people often wonder why this old cliché is not at all true. As a consumer law firm, we stand up for the rights of consumers, and we treat those affected with transparency and the necessary education on an equal footing. ”
Reclaim ineffective private health insurance contributions: Don’t be afraid to go through a lawyer
“So those with private health insurance shouldn’t shy away from going through a lawyer,” says Rosing. »Serious law firms always offer an interview before a mandate even comes up. Here the insured can clarify what their chances are and whether there is any risk for them. In this way, ambiguities can be eliminated and, at best, doubts can be dispelled. We at the BRR consumer law firm Baumeister Rosing offer this initial consultation free of charge. «
Especially good chances if the insurance starts before 2018
In particular, clients who had private health insurance before 2018 have a good chance of success, says lawyer Rosing. »The further back the premium increases, the greater the chances of getting back premiums that have been paid too much. We’re talking about the last ten years here. ”
Act now!
Do you have private health insurance and want to check whether you are affected by ineffective premium increases? Then you can do this easily and for free www.baumeister-rosing.de/private-krankenversicherung/ to do. You can also call us on 030/22 01 23 80, Monday to Friday from 9 a.m. to 6 p.m. We stand up for consumer rights. We make ourselves strong for you!
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