Cancel insurance wrong advice?
Hello!
I have a question and hope you can help me.
I took out health insurance for my small child (5 years old) almost a year ago and wanted to use it within two weeks.
However, I realized that I CANNOT claim this insurance for my child because the facilities told me that these services are only offered to people who are of legal age (health insurance).
I then contacted the insurance company and immediately canceled the insurance and demanded a refund of all premiums because the contract was incorrect and I had been given incorrect advice (I have all the evidence, both written and voice messages and confessions from the employee who made the contract and admitted that he didn't know this.
The problem now is that the insurance company initially accepted the cancellation but now refuses to cancel the insurance and instead they are looking for an alternative, which I do NOT want!
I don't need alternatives, just what I was sold!!!
Can anyone tell me whether I can now also demand compensation, apart from the lawsuit that I will file because they will not accept the termination, which they should actually do since it was their fault?
Is compensation justified here or not?
The insurance company is also really unfriendly and asks me questions like, "Why do you even want to have your child examined?" With all due respect, but what kind of answer is that? Because that's exactly why I took out this insurance, and it's my right. 🙂
I think it's really bad that they're so stubborn even though the mistake was theirs and I can't do anything about it.
Best regards!
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Wait a minute… there's a lot of confusion here.
From what you wrote… I gather that it's about private health insurance.
The "facility" appears to be a hospital or something similar.
Such a tariff has the same terms and conditions for all insured persons. And if general hospital services are covered (they must be, otherwise it wouldn't be substitutable), then this applies to everyone, regardless of gender or age.
The hospital wanted to make you believe that your insurance doesn't cover children?
Or did they try to convince you that they would refuse treatment if you were insured there?
And who, when and where advised you about this insurance?
For me, what you write here is not all right
Contact us here: https://www.pkv-ombudsmann.de/ombudsmann/#:~:text=Herr%20Heinz%20Lanfermann%20ist%20seit, State Secretariat%C3%A4r%20des%20Bundesministerium%20der%20Justiz. Because that's the only alternative without suing.
By the way, the agent is liable for any damage caused to you. He has insurance for this, which is mandatory in Germany.
But you need strong nerves!
Thank you!
I'm still young and have strong nerves, especially when it comes to my child!
I'm incredibly annoying when it comes to not letting up, especially when people want to make fun of me and my child.
I have spoken to many people and the employees who took out the insurance as well.
He spoke to all superiors, but they refused.
I think this will go to court and no matter how long it takes it will cost the insurance company a lot more!
I really have very, very clear evidence that proves everything!
Even my lawyer is puzzled as to why the company refuses to accept the termination since everything is obvious and can be proven.
I think the insurance company is boring. 🙂
Even my lawyer is puzzled as to why the company refuses to accept the termination, since everything is obvious and can be proven…
A revocation at the beginning of the contract would have been the correct course of action; termination can only take place at the end of the contract, whereby the insurer is entitled to the first annual premium :-((
A "regular" lawyer won't really help. You need one specialized in insurance law. The umpire may be able to help you beforehand; it won't cost you anything to try!
And next time, please take one of my colleagues, because legally, a broker is always on the client's side. A representative is always on the company's side. That makes a huge difference!
Only true.
Because you have to differentiate whether it was an independent representative, then you would be right.
If the employee is an insurance company employee, there is no liability for financial loss. However, the insurance company would be liable.
By the way, the agent is liable for any damage that might be caused to you…
Of course, that's not true in general: when an insurance agent acts as an exclusive agent, the company is always liable!!!
Only the insurance brokers themselves are liable for incorrect advice!
That's true, but the VSU, if it wants, has much more economic power to avoid it and let the claimant starve.
In this case, I actually think it's an advantage to have an insurance agent and not a broker. The insurance company is liable for its agent, so a practical solution (reversal of the transaction or something similar) is easier. You can only sue a broker for damages. That doesn't terminate the contract, though; at most, you get money—assuming the broker has hopefully paid his professional liability insurance and that then also acknowledges liability. That means you actually have to litigate twice.
It's always amazing that these people seek help here, get it from professionals, then choose the prettiest one and ignore or even insult the professionals… I love it.
Yes, exactly – but our know-it-all just doesn't want to admit it!
It wasn't a question, but the right answer.
You have terminated your contract and not revoked it, so the notice period must be observed and you must continue to pay the premiums until this date.
The fault lies with you and not with the insurance company.
The correct course of action would have been to revoke the contract due to an error in the insurance broker's advice, and then the insurer would have had to cancel the contract retroactively.
However, I can't understand why your lawyer isn't aware of this. He doesn't seem particularly bright.
Nevertheless, you can only terminate the contract retroactively by revoking it at the start of the contract!!!
At the beginning of the contract we didn't know that we had received something wrong.
You only notice this when you want to use it.
Therefore, your question is totally unnecessary and irrelevant.
Here too you are wrong.
I agree with you about an employee representative.
A self-employed representative is liable for any incorrect advice with his personal assets and will be reluctant to always side with the company. He will examine who is in the right and act accordingly.
And a broker will only side with his client if the client is in the right.
Unfortunately, you made a mistake: you should have canceled the contract at the beginning. If you cancel, the insurer is entitled to the first annual premium, since cancellation can only occur at the end of the contract.
Greetings from a former insurance broker
Look for nonsense. How is a customer supposed to know that they've been given incorrect advice when it comes to health insurance?
The contract itself was correct but the content was incorrect, which you as a customer only notice when you make use of it.
You can't know this in advance.
I have now discussed all of this with my lawyer and we are definitely on the winning side here as all the evidence is available and even the insurance company has now agreed to cancel the contract and refund all premiums.
I think your colleague is just talking nonsense and spreading untruths.
I wonder where you worked for 25 years ^^
I don't like repeating myself. But you write this nonsense.
It's not about giving incorrect advice either.
It's about your mistake, which you told us about, that you canceled your health insurance and didn't revoke it.
I asked you questions about this, but haven't received an answer yet.
You seek answers from insurance experts, but insult them and do not answer the questions you are asked.
Have you locked your mind in a drawer?
You won't achieve anything here, because many insurance experts will certainly stop responding to you. At least I won't!
No false accusations, please! We just want to help you with our expertise. If you don't want to accept the help, that's your problem… :-((
The problem now is that the insurance company initially accepted the cancellation…
Yes, of course, because she doesn't have to refund any contributions if she cancels… 😉
Did you and your husband sign the insurance application?
If not, the contract could be provisionally invalid and still revocable today.
You asked something similar last week. Of course, the agent (whether agent or broker) wants to save their commission, so they're now offering to convert the contract. You'll still lose the premium you've paid so far. It's just a bit vague. If you were given incorrect advice, you're entitled to a refund of the entire contract, including the premiums. If the insurer refuses, you can contact the ombudsman.
Hello!
Correctly!
I thought everything was sorted out last week, but now the insurance company is refusing (why is a mystery to me).
A lawyer has already been involved and he himself does not understand how stupid the insurance company can be and how it actually comes down to a trial.
I don't think the insurance company is doing itself any favors.
Thanks again for your helpful comments!
Yours are the most helpful THANK YOU!!!
Well, a lawyer always acts as if you can only win a case. In fact, you can also lose. And the insurer probably thinks it won't lose, too. Maybe that's what his lawyer said. 😉
Ps: I don't agree with that.
Greedy lawyers might tell you that you will win and that the chances are good so that you hire them and the lawyer makes a lot of money.
I have known my lawyer for 24 years now.
He was also my mother's lawyer. 🙂
He did all this completely free of charge as it was only a phone call that lasted 5 minutes.
Other lawyers would have charged several hundred euros for this action alone.
Mine was very realistic and told me that if the insurance company really goes after it and it goes to court with the evidence I have, this case is 100% mine.
I have dealt with my lawyer many times and if he thinks the chances are bad he says so right up front.
There are still decent lawyers who are not greedy and only want to enrich themselves 🙂
The matter has already been settled and the contract has been canceled.
I'm just waiting for a full refund of all contributions paid.
The insurance company simply thought they could rip me off and didn't expect me to be so stubborn.
I only know one thing and that is that my lawyer is an excellent one 🙂
One call from the lawyer was enough and now the contract has been canceled.
I am not a lawyer and even without one I knew that the insurance company had absolutely no chance in court because I have evidence for every point that is as solid as concrete.
The insurance company realized this too, otherwise they wouldn't have given up.
All's well that ends well. 🙂