Skip to content

Insurance broker / Insurance questions

My insurer rejected the claim: what can I do in Germany?

In short

Ask for the reasons in writing and check them against your terms. If the dispute is about the amount, many property policies offer an appraisal procedure (section 84 VVG). The Insurance Ombudsman (Versicherungsombudsmann) is free and its decision binds the insurer up to 10,000 euros; for health insurance there is the PKV-Ombudsmann. Watch the limitation period: three years from the end of the year.

What it costs

What the routes cost and the limits that apply, as of October 2026.

ExampleTypical range
Complaint to the Insurance Ombudsman0 euros for consumers
Ombudsman decision binding on the insurerloss up to 10,000 euros
Highest complaint value the ombudsman hears100,000 euros
Procedure at the PKV-Ombudsmann0 euros, proposal not binding
Regular limitation period3 years from the end of the year

Your own lawyer's fees are not refunded by either ombudsman.

Figures from the ombudsman bodies and the German Civil Code.

Worked example

Contents claim rejected for gross negligence

A laptop and a bike worth 4,200 euros are stolen in 2026 after a window was left tilted open. The insurer refuses to pay anything. The terms waive the gross negligence defence.

Written objection quoting the waiver clauseinsurer stays with its view
Complaint to the Insurance Ombudsman0 euros
Decision binding on the insureryes, the loss is below 10,000 euros
Limitation without any suspensionend of 31 December 2029

If the ombudsman finds for you, the insurer must pay. If not, you can still go to court. Figures are illustrative.

Get the reasons and the documents first

A rejection letter often names a clause and little else. Write back and ask which clause the insurer relies on, which facts it bases this on and whether there is an expert report (Gutachten). Ask for a copy of the report. Under section 3 (4) VVG you can always ask for copies of the statements you made about the contract, for example your application or your claim report. Under Article 15 GDPR you can ask for a copy of the personal data the insurer holds about you.

Then put the letter next to your policy schedule (Versicherungsschein) and the terms that applied on the day of the loss. Typical reasons are an exclusion, a breach of duty (Obliegenheitsverletzung) such as reporting late, gross negligence or a disputed amount. Each needs a different answer.

Dispute about the amount: the appraisal procedure

If the insurer accepts the claim but you disagree about how much, check whether your terms include an appraisal procedure (Sachverständigenverfahren). It is common in contents and building insurance. Each side names an expert, and an umpire decides if the two disagree. Your terms say who pays the experts.

Under section 84 VVG the experts' finding binds both sides, unless it obviously and significantly departs from the real facts. Then a court decides. The start of an agreed appraisal procedure also suspends limitation (section 204 (1) no. 8 BGB).

The Insurance Ombudsman: free and binding on the insurer

The Insurance Ombudsman (Versicherungsombudsmann e. V.) is a recognised consumer conciliation body. You must first have raised your claim with the insurer. The procedure is free for consumers, you need no lawyer and you can describe the case in your own words. It hears complaints with a value of up to 100,000 euros.

If the ombudsman finds against the insurer and your loss is up to 10,000 euros, the decision binds the insurer. Above that it is a recommendation. For you it is never binding, so you can still go to court. While the complaint against an insurer is running, your claim does not become time barred.

Private health and long term care insurance have their own body, the PKV-Ombudsmann. It is also free, but it only makes non binding proposals. Statutory health insurers (gesetzliche Krankenkassen) are covered by neither.

RouteCost for youResult
Written objection to the insurernoneinsurer reviews its decision
Appraisal procedure (section 84 VVG)as set out in your termsbinding finding on the amount
Insurance Ombudsmanfreebinding on the insurer up to 10,000 euros
PKV-Ombudsmannfreenon binding proposal
BaFin complaintfree consumer phone linesupervisory check, no decision on your case
Courtcourt and lawyer fees, unless legal expenses cover paysbinding judgment

BaFin: supervision, not a referee

You can complain about an insurer to the Federal Financial Supervisory Authority (BaFin) using its online form. BaFin checks whether the company breaks supervisory rules. It says itself that it cannot help individuals get their rights in a single case. Use it alongside the ombudsman, not instead of it.

BaFin's consumer phone line is +49 800 2 100 500, free from within Germany, and answers general questions.

Do not let the claim expire

Claims under an insurance contract fall under the regular limitation period of three years (section 195 BGB). It starts at the end of the year in which the claim arose and you knew the facts (section 199 BGB). A claim that arose in 2026 therefore normally expires at the end of 31 December 2029.

Some periods do not count. From the day you report the claim until the insurer's decision reaches you in text form, limitation is suspended (section 15 VVG). The same applies while you and the insurer negotiate (section 203 BGB, at least three more months after talks end) and during a conciliation or appraisal procedure (section 204 BGB, ending six months after it finishes). Keep every letter and email with its date.

Legal expenses cover and the broker

If you have legal expenses insurance (Rechtsschutzversicherung), check whether it includes contract law (Vertragsrecht). Disputes with your own insurer usually fall there. Ask for confirmation of cover (Deckungszusage) before you instruct a lawyer.

A broker who arranged the contract can read the rejection against the terms with you and tell you which route fits. At NAMMERT, contracts are arranged by the insurance broker Norman Nammert. Decisions on claims are always made by the insurer.

Step by step

  1. Ask in writing for the clause, the facts and any expert report behind the rejection.
  2. Compare the reasons with your policy schedule and the terms valid on the day of the loss.
  3. Send a reasoned objection and set a deadline for an answer.
  4. If only the amount is disputed, check whether your terms provide an appraisal procedure.
  5. Complain to the Insurance Ombudsman, or the PKV-Ombudsmann for private health cover.
  6. Note the limitation date and ask your legal expenses insurer for confirmation of cover.

Checklist

  • Rejection letter with date of receipt
  • Policy schedule and terms valid on the day of the loss
  • Claim report, photos, receipts and expert report
  • Written objection sent with proof of delivery
  • Limitation date noted in the calendar
  • Legal expenses cover checked for contract law

Common mistakes

  • Accepting a one line rejection without asking for the clause and the facts
  • Waiting years and letting the claim become time barred
  • Expecting BaFin to order the insurer to pay
  • Going to the general ombudsman with a private health insurance dispute
  • Instructing a lawyer before the legal expenses insurer has confirmed cover

Questions and answers

Frequently asked

Does the Insurance Ombudsman cost anything?

No, it is free for consumers.

Only in rare cases of abuse can a fee be charged.

Your own lawyer's fees are not refunded.

Do I have to accept the ombudsman's decision?

No.

It is never binding on you.

You can still go to court.

Is the decision binding on the insurer?

Yes, if your loss is up to 10,000 euros.

Above that it is a recommendation.

The insurer says I reported too late. Is that the end?

Not always.

For a breach of duty it can refuse in full only if you acted intentionally;

for gross negligence it may cut in proportion to your fault.

It must pay anyway if the breach made no difference to the claim,

unless you acted fraudulently (section 28 VVG).

How long do I have?

Usually three years from the end of the year in which the claim arose.

Periods of negotiation, conciliation and waiting for the insurer's decision are not counted.

Can someone complain on my behalf?

Yes, a relative, friend or lawyer can act for you with a written authority.

Their costs are not refunded.

Sources

NAMMERT insurance broker

Request a quote

We compare insurers and come back to you, in English.

Free; the insurer pays our fee.

1Who is it for?
2Which insurance?

Choose as many as you like. For each one, the details an insurer needs for a quote appear below.

Personal

Business

4Your current policy
5How can we reach you?

Related questions

Your broker: Norman Nammert, trading as NAMMERT.

Insurance broker licensed under section 34d(1) of the German Trade Regulation Act.

Broker register no. D-C08Q-TOSD4-37.

NAMMERT Assekuradeur GmbH is a separate company.

It does not arrange your contract.

Statutory disclosure (German) · Updated

Was this useful?