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  #21  
Old 08.01.2020, 06:02
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Re: Can I leave my insurance company earlier?

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I assume he signed for a T&C which mentions that they can communicate through the portal and that he has the responsibility to check such.

Might be a wrong assumption, but such rule is nothing weird.
Well I do not believe it is as easy as that. It is not the OPs problem to check regularly and when he did check, something is wrong. That something is caused by an error during contracting. The company has the responsibility to ensure information AND give a way out in such a case where the price went up by 66%.
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  #22  
Old 08.01.2020, 09:19
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Re: Can I leave my insurance company earlier?

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Well I do not believe it is as easy as that. It is not the OPs problem to check regularly and when he did check, something is wrong. That something is caused by an error during contracting. The company has the responsibility to ensure information AND give a way out in such a case where the price went up by 66%.
I checked again and the contract I signed mentions that I agree with https://www.sanitas.com/content/dam/...nportal_en.pdf

This site contains this:
"On concluding this user agreement and accessing SanitasNet, the customer agrees to receive all future correspondence from Sanitas electronically, i.e. this includes
invoices and policies. Documents that have to be sent by
post due to legal or technical reasons are excluded from
this arrangement."

However I don't know if this applies since I didn't "access SanitasNet" before policy changed.
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  #23  
Old 08.01.2020, 09:50
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Re: Can I leave my insurance company earlier?

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I checked again and the contract I signed mentions that I agree with https://www.sanitas.com/content/dam/...nportal_en.pdf

This site contains this:
"On concluding this user agreement and accessing SanitasNet, the customer agrees to receive all future correspondence from Sanitas electronically, i.e. this includes
invoices and policies. Documents that have to be sent by
post due to legal or technical reasons are excluded from
this arrangement.
"

However I don't know if this applies since I didn't "access SanitasNet" before policy changed.
Not a lawyer but I would still press them and tell them you did not sign the contract and it was up to them to give you the chance to opt out for such a big change.

In fact ask them to prove where you opted into the new contract as it is not what you signed hence they are invoicing you incorrectly.

In these situations it often depends how much and how far you are willing to go for the amount. You have seen that a lot of people would happily say "its life and learn". I believe you did nothing wrong and companies have responsibilities too, so if it were me I would pursue.

K
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  #24  
Old 08.01.2020, 10:32
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Re: Can I leave my insurance company earlier?

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Not a lawyer but I would still press them and tell them you did not sign the contract and it was up to them to give you the chance to opt out for such a big change.

In fact ask them to prove where you opted into the new contract as it is not what you signed hence they are invoicing you incorrectly.

In these situations it often depends how much and how far you are willing to go for the amount. You have seen that a lot of people would happily say "its life and learn". I believe you did nothing wrong and companies have responsibilities too, so if it were me I would pursue.

K
I beg to differ.

- OP agreed that the portal would be the method of communication.
- OP agreed that it is his responsibility to check the portal.
- They did send info about the changes to the portal.
- Surely he could have gotten out of the contract due to the price difference but only within a reasonable time after being notified. When not responding to such info an agreement is to be assumed
- Health Insurance is auto-renewal.

The company already made it clear to OP that they want the bills to be paid, if they stick to that opinion it will eventually end up at Betreibung/court if OP will not pay, now what defence would you have in mind for OP?

I did not know that I had to check the portal since I dead not read the terms I agreed upon, hence I never checked the portal and thus I did not know due to this I could not opt-out in time.

Do you really believe this is a strong enough defence to actually pursue them?

Surely it sucks and is a lot of money, but what matters is the legal point of view in this.
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  #25  
Old 08.01.2020, 11:13
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Re: Can I leave my insurance company earlier?

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I beg to differ.

- OP agreed that the portal would be the method of communication.
- OP agreed that it is his responsibility to check the portal.
- They did send info about the changes to the portal.
- Surely he could have gotten out of the contract due to the price difference but only within a reasonable time after being notified. When not responding to such info an agreement is to be assumed
- Health Insurance is auto-renewal.

The company already made it clear to OP that they want the bills to be paid, if they stick to that opinion it will eventually end up at Betreibung/court if OP will not pay, now what defence would you have in mind for OP?

I did not know that I had to check the portal since I dead not read the terms I agreed upon, hence I never checked the portal and thus I did not know due to this I could not opt-out in time.

Do you really believe this is a strong enough defence to actually pursue them?

Surely it sucks and is a lot of money, but what matters is the legal point of view in this.
Ok I take your different point of view. It would very much depend on how it was signalled. I.e. if they si.y uploaded a new policy with a new amount without indication then I do not believe the OP is liable to go and read read all the details in case the provider decided to change prices on him.

In a change of T&C the provider has a responsibility to make it clear what is changing and provide a way out. If OP received a letter with the changes outlined and a deadline to withdraw and did not, I agree with you.

But from the description, company simply uploaded a new contract online. I do not believe this is legally sufficient information when a mistake was made and when the magnitude is such.

So if it were me, I would make these exact claims in a registered letter and make it clear premiums are held until resolution. Then see how it goes. Hopefully someone a little higher in hierarchy than the front line phone operator will do at least something.

K
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  #26  
Old 08.01.2020, 12:22
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Re: Can I leave my insurance company earlier?

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In a change of T&C the provider has a responsibility to make it clear what is changing and provide a way out. If OP received a letter with the changes outlined and a deadline to withdraw and did not, I agree with you.
Should be:

In a change of T&C the provider has a responsibility to send the new T&C through an agreed upon or otherwise generally accepted form of communication wether this be email, a portal or regular mail. If the changes are big enough to justify cancellation than law provides a way out of the contract or to prohibit automatic renewal, this besides the normal procedures and terms to avoid automatic renewal and the option to cancel mid-year if the insurance fits those conditions.

It is 2019 and digital communication is widely accepted for years already, I even have banks that only communicate over their portal and if I miss a message that is my problem.
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  #27  
Old 08.01.2020, 14:17
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Re: Can I leave my insurance company earlier?

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Ok I take your different point of view. It would very much depend on how it was signalled. I.e. if they si.y uploaded a new policy with a new amount without indication then I do not believe the OP is liable to go and read read all the details in case the provider decided to change prices on him.
I think it's possible the onus is still on him. When I agree to receive communications electronically, normally I receive an email telling me there are important documents to view, changes to review, etc. I'd be very surprised of he didn't at least get an email to go check the portal.

To be fair though, I also tend to ignore most of the emails too...
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  #28  
Old 10.01.2020, 11:18
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Re: Can I leave my insurance company earlier?

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I think it's possible the onus is still on him. When I agree to receive communications electronically, normally I receive an email telling me there are important documents to view, changes to review, etc. I'd be very surprised of he didn't at least get an email to go check the portal.

To be fair though, I also tend to ignore most of the emails too...
I confirm I got the email saying that the contract can be viewed in the portal and I didn't check it. I had no idea they can actually do this that's why I was careless. The question is - would they let me cancel this if I didn't like the new policy? I guess it's too late to ask.
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  #29  
Old 10.01.2020, 11:29
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Re: Can I leave my insurance company earlier?

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I confirm I got the email saying that the contract can be viewed in the portal and I didn't check it. I had no idea they can actually do this that's why I was careless. The question is - would they let me cancel this if I didn't like the new policy? I guess it's too late to ask.
Months ago - Yes
Now - No

Passive bookkeeping is much more expensive than active bookkeeping.
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  #30  
Old 10.01.2020, 13:56
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Re: Can I leave my insurance company earlier?

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I had no idea they can actually do this that's why I was careless.
You most likely, some-when in the past, had agreed and opted-in to electronic communication.
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  #31  
Old 10.01.2020, 15:28
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Re: Can I leave my insurance company earlier?

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You most likely, some-when in the past, had agreed and opted-in to electronic communication.
I meant I had no idea they could rise the amount that much. The original value was the same my friends were paying so I thought I don't have to control this.
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  #32  
Old 10.01.2020, 22:47
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Re: Can I leave my insurance company earlier?

If you haven't, I suggest you just try sending the cancellation notice anyways. You never know, they might even accept it for some reason.
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