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Old 31.07.2015, 11:39
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In trouble with my insurance (cheated, need help?)

Hello my dear swissies.
I am writing to you guys, because I acutally have no clue what to do and I need some adult adversing.

In the end of 2014 I subscribed to Assura for the normal assurance package, i got the contract and everything went fine.

THEN in beginning of 2015, I arranged a meeting with the Helsana-company where an emploi comes to my house to explain me the benefits of their assurance (which actually was better than the one I already have)
- so I make an agreement, that I would change to Helsana in the beginning of next year (that meaning 2016), they sent me a contract and I sign.

But now they are sending me bills, they registred me as I submitted THIS year so now I have TWO ASSURANCES which I cannot pay and they refuse to let me cancel our contract.

Is it even allowed to have two assurances? Status quo is that I have to assurances, I can't pay, I just got to the country and I almost got the feeling that they cheated me. Do you guys have any (legal) advise? Can they do that?

I already call them and they say it's fine, they would cancel this mistake but they keep sending me more bills and refuse to cancel.

Please help, I'm confused.
With love from fribourg.
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Old 31.07.2015, 11:57
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Re: In trouble with my assurance (cheated, need help?)

Something similar happened to me many years ago.

I first try to talk to Assura directly but they more or less stonewalled me. They didn't return calls and when i did manage to get through and talk to somebody, they just produced excuses.

Then I talked to my new insurance about it (in my case this was Aquilana) and they talked to Assura directly and I actually got a heap of money back.
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Old 31.07.2015, 12:02
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Re: In trouble with my assurance (cheated, need help?)

This kind of situations is a mess and a headache... Usually the insurance companys don't have his employees selling at home, maybe this is other company selling health insurances for Helsana. You need to go personally to the company or the salesman and then force him to resolve the situation, or threaten with a "betreibung" of the value of Helsana bills.
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Old 31.07.2015, 12:05
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Re: In trouble with my assurance (cheated, need help?)

Unless you signed for a complementary insurance with Helsana- that gives you over and above the basic- in which case, there would be no way to get out of it. Which language did you speak with the visitor?
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Old 31.07.2015, 13:41
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Re: In trouble with my assurance (cheated, need help?)

Let's get some clarity.

1. You have a contract with Assura for health insurance.
2. Helsana came around and you signed for a new contract with them starting 2016.
3. Helsana are now sending you bills for health insurance for 2015.
4. Helsana on the phone admitted the mistake, but their bills keep arriving.

Three questions.
Are the above four statements correct?
What cover do you have with Assura (basic + supplementary?)
What cover do you have Helsana (basic + supplementary?).
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Old 31.07.2015, 14:38
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Re: In trouble with my assurance (cheated, need help?)

Contact the ombudsman (councellor?). She's government paid, hence free for you.
https://www.om-kv.ch/
https://www.om-kv.ch/de/anfrage
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Old 31.07.2015, 16:38
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Re: In trouble with my insurance (cheated, need help?)

The copy of the contract that you signed... what does it say?
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Old 31.07.2015, 16:42
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Re: In trouble with my insurance (cheated, need help?)

Could you blot out name and address, and post it here for us native French speakers to look at and advise on the wording? As said, it may be for complementary insurance starting immediately, and from beg. of 2016, the basic insurance will kick in in place of the Assura one.

I know it is too late, but never, ever, never sign any contract in a foreign language unless you are absolutely sure what you are signing for. Not understanding the language, of even its minor subtleties, does not stand up legally as an excuse for signing, never.
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Old 31.07.2015, 17:07
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Re: In trouble with my insurance (cheated, need help?)

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I know it is too late, but never, ever, never sign any contract in a foreign language unless you are absolutely sure what you are signing for.
Absolutely, but...
Quote:
Not understanding the language, of even its minor subtleties, does not stand up legally as an excuse for signing, never.
How come we've often had to provide a translator before we've been allowed to sign for things - e.g. our house purchase?
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Old 31.07.2015, 17:21
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Re: In trouble with my insurance (cheated, need help?)

Legally, you are not allowed to have 2 insurances.

Tell Helsana they have to wait until 1.1.2016 & until then do not pay them a Rappen!
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Old 31.07.2015, 17:25
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Re: In trouble with my insurance (cheated, need help?)

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Absolutely, but... How come we've often had to provide a translator before we've been allowed to sign for things - e.g. our house purchase?

Exactly - to make sure you understand before you sign, my point exactly.
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Old 31.07.2015, 18:29
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Re: In trouble with my insurance (cheated, need help?)

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Absolutely, but... How come we've often had to provide a translator before we've been allowed to sign for things - e.g. our house purchase?
About " provide a translator"! Well many companies do not want unhappy customers although the contract is legal so they walk the extra mile to ensure the contract is understood!
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Old 31.07.2015, 18:48
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Re: In trouble with my insurance (cheated, need help?)

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How come we've often had to provide a translator before we've been allowed to sign for things - e.g. our house purchase?
I never have had to do so.

Does that mean that my marriage is invalid?

Tom
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Old 31.07.2015, 22:11
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Re: In trouble with my insurance (cheated, need help?)

Yeah, your missus married one.

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I never have had to do so.

Does that mean that my marriage is invalid?

Tom
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Old 31.07.2015, 22:47
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Re: In trouble with my insurance (cheated, need help?)

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Hello my dear swissies.
I am writing to you guys, because I acutally have no clue what to do and I need some adult adversing.

In the end of 2014 I subscribed to Assura for the normal assurance package, i got the contract and everything went fine.

THEN in beginning of 2015, I arranged a meeting with the Helsana-company where an emploi comes to my house to explain me the benefits of their assurance (which actually was better than the one I already have)
- so I make an agreement, that I would change to Helsana in the beginning of next year (that meaning 2016), they sent me a contract and I sign.

But now they are sending me bills, they registred me as I submitted THIS year so now I have TWO ASSURANCES which I cannot pay and they refuse to let me cancel our contract.

Is it even allowed to have two assurances? Status quo is that I have to assurances, I can't pay, I just got to the country and I almost got the feeling that they cheated me. Do you guys have any (legal) advise? Can they do that?

I already call them and they say it's fine, they would cancel this mistake but they keep sending me more bills and refuse to cancel.

Please help, I'm confused.
With love from fribourg.
"06. What happens if the new insurer fails to confirm to the previous insurer (in good time) that my application has been accepted?
Your existing coverage only ceases when the previous insurer has been notified by the new insurer that cover will be provided without any interruption. If the new insurer fails to give this confirmation, or to do so in good time, the end of the insurance relationship will be cancelled by the previous insurer, and the policyholder is entitled to receive compensation for resultant losses, in particular any excess premiums paid.

Example: You cancel your basic insurance provided by health insurance fund X with effect from 31 December 2014. Early December 2014 you obtain a policy from health insurance fund Y starting on 1 January 2015. Health insurance fund Y only sends confirmation to X in February 2015. As a result, your policy with X remains in effect for January and February 2015. If the premiums charged by X are higher, Y is required to refund the difference between premium X and premium Y."

From here

"Sie sind erst dann bei der neuen Krankenkasse grundversichert, wenn diese den Wechsel Ihrer alten Kasse mitgeteilt hat. Trifft diese Mitteilung nicht bis Ende Jahr ein, sind Sie auch zu Jahresbeginn bei der bisherigen Kasse versichert und zahlen weiterhin deren Prämien. Spätestens jetzt sollten Sie Druck machen bei der neuen Kasse. Sind die alten Prämien höher als die bei der neuen Kasse, kann man - wenn die alte Kasse die Verzögerung verschuldet hat -, Schadenersatz geltend machen."

From here

Translation: You are only insured with the new insurance company after the new insurance company has informed your old insurance company of the change. IF the information isn't provided to the old insurer by the end of the year, you are still insured with the old insurer at the start of the new year and pay the old insurer's premiums. Now, at the latest, you should tell the new insurance to get this done. If the old premiums are higher than the new ones, you can - if the old insurance company is responsible for the delay - request damages.

Only converse in writing from now on. If anyone calls you, request the caller's email address and confirm what was said by email immediately after the call.
And get in contact with the Ombudsman Krankenversicherung ASAP, bringing all correspondence you have with you to an appointment.
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