Can My German Insurance Company Charge for Extra Months?

Question from pro, Can My German Insurance Company Charge for Extra Months?

Answer from AI:

Switching from one health insurance plan to another in Germany can be a complex process, especially when it comes to understanding your rights and obligations. Here’s a general explanation of the legal framework surrounding this issue.

Understanding Health Insurance in Germany

In Germany, health insurance is mandatory, and there are two main types: statutory health insurance (Gesetzliche Krankenversicherung or GKV) and private health insurance (Private Krankenversicherung or PKV). The rules for switching between these types of insurance are governed by specific regulations.

Contractual Obligations

When you sign up for health insurance, you enter into a contract with the insurance company. This contract typically includes terms regarding the duration of the coverage and the conditions under which you can terminate the contract.

Notice Periods

Most health insurance contracts in Germany have a notice period that you must adhere to if you wish to terminate the contract. For statutory health insurance, the notice period is usually two months to the end of the month. For private health insurance, the notice period can vary but is often three months to the end of the insurance year.

• Statutory Health Insurance (GKV): Generally, a two-month notice period.
• Private Health Insurance (PKV): Often a three-month notice period.

Legal Framework

The legal framework governing health insurance in Germany includes the Social Code Book V (Sozialgesetzbuch V or SGB V) for statutory health insurance and the Insurance Contract Act (Versicherungsvertragsgesetz or VVG) for private health insurance.

Social Code Book V (SGB V)

For statutory health insurance, Section 175 of the SGB V outlines the conditions under which you can switch insurance providers. It specifies the notice period and the requirement to provide proof of new insurance coverage.

Insurance Contract Act (VVG)

For private health insurance, the VVG outlines the terms and conditions of insurance contracts, including termination and notice periods.

Steps to Take

If you believe that your insurance company is unlawfully demanding extra payments, you can take the following steps:

1. Review your insurance contract to understand the notice period and termination conditions.
2. Check the relevant sections of the SGB V or VVG to confirm your rights.
3. Contact your insurance company to discuss the issue and provide proof of your new insurance coverage.
4. If the issue is not resolved, consider seeking legal advice.

When to Seek Legal Advice

If you are unable to resolve the issue with your insurance company, it may be necessary to seek legal advice. A legal professional can help you understand your rights and obligations under German law and assist you in resolving the dispute.

Resources

For more information, you can refer to the following resources:

• Social Code Book V (SGB V) Section 175
• Insurance Contract Act (VVG)

Remember, while this information provides a general overview, it is always best to consult with a legal professional for personalized advice tailored to your specific situation.