Recht & Justiz
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In general, only damages you actually suffered and that you can prove will be compensated for under German law. Should you have suffered any concrete pecuniary loss, that you can prove, due to the breach of duties of the insurance company, you will be entitled to a compensation at the same amount.
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Kianusch Ayazi, LL.B. (Bucerius Law School)- Rechtsanwalt -
Unfortunately, a mere risk of suffering a damage does not justify a claim for damages.
Yes, under German law you can only claim factual damages but no damages for abstract risks incurred due to a breach of duties.
If the health insurance knowingly acted in contravention of social security laws, you may bring the matter to the attention of the supervisory authority or to the attention of the prosecution service. This will lead to criminal and/or adminstrative sanctions.
What is the name of the insurance company?
You may contact the federal supervisory authority:
Friedrich-Ebert-Allee 3853113 BonnTel: 0228 / 619-0Fax: 0228 / 619-1870www.bundesversicherungsamt.de
You should bring the matter to their attention. They will then take steps to investigate the matter and initiate legal steps should need be. There will be no costs for you. The supervisory authority has the duty to act by law.
This is the supervisory body for that insurance company. You may also contact your local prosecution office or police station if you suspect criminal activities.
You should contact the Staatsanwaltschaft.
I would not recommend you hiring a lawyer as you will not be able to claim any damages, so there will be no financial advantage for you. As far as sanctions are concerned, the above authorities will handle the matter.
Contingency fees are not very common in Germany and only allowed under limited circumstances. You will hardly find an attorney willing to handle the matter on a contingency basis.
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