Your insurance law lawyers – do not waste any time
We represent you with regard to your insurer
Having taken out insurance should mean that you do not have to worry in the event of damage. However, in practice it is often different – and that can have devastating consequences.
This is because often insurance is supposed to cover the existential risks of the policyholders. If a corresponding claim occurs, but the insurance does not pay or to a significantly lower extent than planned, you can quickly incur serious financial difficulties. As lawyers for insurance law, we see it as our task to protect you from such situations at an early stage.
No payment due to pre-contractual breach of duty to disclose – the legal clarification of the facts
When a claim is reported, insurance companies first check whether they have to pay at all. It is also routinely checked whether you, as the insured person, have met your pre-contractual reporting obligation. This means that you have to provide all information in the insurance application that is relevant for the risk assessment and tariff classification
Often, insurers later refuse the performance they have requested on the grounds that the policyholder has committed a so-called pre-contractual breach of duty to disclose pursuant to § 19 Federal Law on Insurance Contracts (VVG). That means that you did not answer the questions of the insurer truthfully or were withholding essential facts. The insurer cancels the contract by means of contestation, withdrawal or termination.
In such a case, we will be at your side with a legal clarification of the facts and can often determine that there has been no breach of the duty to disclose and that the rejection of benefits by the insurer is illegal. We will help you to restore the insurance contract and enforce your contractually guaranteed claims.
As insurance law lawyers, we are not afraid of taking on hard cases
It is no coincidence that the legal disputes with insurers are considered to be hard cases. Especially when policyholders get into financial difficulties due to the lack of payments, they often feel powerless against a large insurance company and after considerable writing back and forth, they hardly have the financial and mental resources left to turn things around in their favour.
But that is exactly why we are at your side as experts in insurance law. We generally look for quick solutions, we strive for an out-of-court settlement by the insurer, and if this is not possible, we fight for your rights in court and do everything we can to ensure that you get your money as quickly as possible and to the extent you are entitled to.
1. Do not delay – act as soon as possible
You can find the exact deadline for reporting your claim in your insurance contract. Often a period of three days is given. It is also possible that you come across the term “without delay”. Then you are obliged to report your damage by the next working day. If in doubt, ask your insurer directly and as soon as possible.
2. Provide full details
As a rule, you can make a significant contribution yourself to handling a claim quickly and to your satisfaction and to receiving the sum insured. When reporting the damage, make sure that you state your name, insurance number, place and time of the damage, any witnesses, etc. correctly and without any gaps. In this way, you prevent time losses due to queries from the clerks, which you would first have to clarify and answer.
3. Beware of “cheating”
Even if terms such as “cheat software” or “sham package” give the impression that false information is a trivial offense, this is by no means the case.
It is imperative that you resist the stimulus of trying to get as much money as possible out of a claim by using false information. Insurance fraud is a criminal offense according to §263 Criminal Code (StGB), which can even result in a prison sentence of up to ten years.
4. Document your claim report comprehensively
It is better to have a document sorted out by the clerk than to submit too few documents. Photos are often essential, especially in the case of insurance damage to vehicles, household items and buildings. In the case of damage reports to the liability or occupational disability insurance, additional documents, certificates, attestations, etc. are required.
5. If you have problems with regulation, engage a lawyer in good time
As lawyers for insurance law, we will be there for you immediately if an insurance company does not want to regulate your loss or does not want to regulate it completely. Often we can already achieve a settlement out of court from the insurer. Otherwise, we will do everything we can to enforce your rights against the insurance company in court.