Costs for a Versicherungsberater

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Hello all,

 

Due to fraudulent behaviour of an insurance agent (Vermittlerin) I was put in risk of losing insurance cover (vorvertragliche Pflichtverletzung §19 Abs. 1 VVG). To fix this problem I am paying a consulting firm to work to me on two fronts (work with the private provider to see if they will let me stay either with or without a "Zuschlag" and a public provider who will accept me if the private provider lets me off the contract, and with a lawyer to build a case against the company that represents this quack insurance lady, and to appear in court as witnesses if necessary.)

Details:

On 6/17/2019, 6:35:22, generalmartok said:

here.

For this consulting work, they have invoiced me 2000 euros (plus 19% VAT). A lawyer is involved to help claim these costs from the court. At the moment the lawyer is unsure about the costs for a Berater for this kind of work (if it is "marktüblich"). I thought of asking the experts here just to have some additional information. So, for consultation work according to §59 Abs. 4, is there a sort of a table or anything (like the lawyers have with the Rechtsanwaltsvergütungsgesetz) of that sort?

 

Thanks in advance!

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After I posted this, I was searching and found this site where it says :

 

Quote

Die Vergütung des Versicherungsberaters richtet sich zum einen nach dem Rechtsanwaltsvergütungsgesetz (RVG) oder nach individuellen Honorarabsprachen mit dem Versicherungsnehmer.

 

 

 

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Well, this is not going to be easy, I am afraid.

You are dealing with a Versicherungsmakler - who is not a Versicherungsberater, whatever he/she says.

A Versicherungsmakler is already in a very special legal connection with you because by law he is obligated to act in your best interest first and only (TReuhändischer Sachwalter des Kunden according to highest court decisions BGH)
A Versicherungsmakler is also allowed according to the licenses and regulation and loads of court decisions to negotiate and arrange fee-based advice with you, as long as it is not connected with normal commission-based advice anyway. I.e. a Versicherungsmakler must not charge you a fee if on top of that he'll receive a commission from the insurance company anyway, as this would create, among other things, a conflict of interest.

Your Versicherungsmakler, though, is offering you advice in a field where no commission is going to be paid to him because the goal is to get you into public health insurance. So far so good. And there is no regulation whatsoever about how high a fee he can demand from you. this is stricly an open-ended deal between you and the Versicherungsmakler, i.e. how much are you willing to pay for his services. Take it, renegotiate (if he is willing to negotiate) or leave it. 

A true Versicherungsberater is a very rare species. There are only 300 +/- licensed in Germany. They have attorney-like privileges and are forbidden to accept any commission payments whatsoever. Hence they rely entirely on fees, usually based on the same fee-calculation as lawyers in Germany. But just as lawyers are allowed in Germany to arrange an alternative fee based on hourly costs or flat fees instead, though can Versicherungsberater. 

 

Having said all of the above: a fee of around 2.000 EUR sounds plausible and reasonable from my point of view. 

 

Cheerio

 

I am a professional independent insurance broker, financial adviser, and authorised advertiser. Contact me.
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