Reduce private health insurance premium increase

Insurance law

Reducing private health insurance premium increases – your rights as a private health insurance policyholder in Augsburg

Your private health insurance provider is increasing your premiums – yet again. However, many of these premium adjustments are legally invalid because the insurer has failed to fulfil its duty to provide justification under Section 203(5) of the German Insurance Contract Act (VVG). The Federal Court of Justice (BGH) has clearly defined the requirements: anyone who has overpaid can claim a refund. As specialist insurance lawyers in Augsburg, we will review your premium increases and get your money back.

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Reducing private health insurance premium increases – your rights as a private health insurance policyholder in Augsburg

Why many private health insurance premium increases are invalid

Private health insurers are permitted to adjust premiums in accordance with Section 203 of the Insurance Contract Act (VVG) if actual benefit expenditure exceeds calculated costs by more than 10% or if the mortality rate deviates by more than 5%. However, such adjustments must meet strict formal and substantive requirements. The Federal Court of Justice (BGH) has clarified in several landmark rulings that increases lacking sufficient justification are invalid – with the result that policyholders can reclaim any excess premiums paid. In Augsburg, we systematically examine which of your increases are open to challenge.

Money back – claiming a refund for overpaid private health insurance premiums

If a premium increase is invalid, you are entitled to a refund of all excess premiums paid, plus interest. In the case of long-standing insurance policies, this can quickly amount to several thousand euros. In Augsburg, we calculate your individual entitlement to a refund and enforce it against the insurer.

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Private Health Insurance Premium Check

Check whether your private health insurance premium increase is open to challenge – and whether you are due a refund.

Quick check
Is your private health insurance premium increase contestable?
Answer 5 short questions - we'll show you whether you can claim your money back.
This quick check serves as a guide and does not replace legal advice.

This is how we review your private health insurance premium increases in Augsburg

Reviewing private health insurance premium adjustments requires specialist knowledge at the intersection of insurance law and actuarial science. Our Augsburg-based team systematically analyses your premium increase notices and identifies adjustments that can be challenged.

Systematic review of all letters of increase

We analyse every single premium increase notice issued in recent years for procedural and substantive errors. In doing so, we examine the justification under Section 203(5) of the Insurance Contract Act (VVG), compliance with the thresholds, the proper approval by the trustee, and whether you were correctly notified. Errors are often found in several increases – which significantly increases the amount that can be reclaimed.

Out-of-court enforcement and legal action

As a first step, we will send the insurer a formal demand for repayment out of court, setting a reasonable deadline. If the insurer fails to respond or refuses to pay, we will bring your claim before the competent court. In disputes involving private health insurance, the Regional Court often has jurisdiction. The success rate for cases that have been thoroughly reviewed is high – many insurers comply with the lawyer’s demand or settle out of court.

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Alternatives to legal action – reducing premiums legally in Augsburg

As well as claiming back any invalid premium increases, there are other ways to reduce your private health insurance costs. In Augsburg, we can advise you on all the options – from optimising your tariff to switching to the basic tariff.

Change of tariff under Section 204 of the Insurance Contract Act

Under Section 204 of the Insurance Contract Act (VVG), you have the right to switch to a different tariff within your insurer that offers similar cover. The insurer must credit your age-related reserves in full and may not require a new medical assessment for the existing scope of cover. Switching tariffs can significantly reduce your premium without you having to forego any essential benefits. Come to Augsburg for advice on which tariff is best for you.

Switch to the standard or basic tariff

If your premiums become unaffordable, you can switch to the standard tariff (for existing policies taken out before 2009) or the basic tariff. The basic tariff must not exceed the statutory health insurance (GKV) maximum premium and offers benefits similar to those of statutory health insurance. Both options are guaranteed by law and can significantly reduce your premiums. The downside is a more limited scope of benefits. We can assess in Augsburg whether switching to a different private health insurance tariff is the better option.

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Frequently Asked Questions

This information does not constitute legal advice in individual cases.

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