Premium increase: your special right of cancellation
A premium hike with no extra cover triggers § 40 VVG, giving you one month from receiving the notice to cancel. The deadlines involved, and what to check before you do.
A premium increase without a corresponding increase in cover triggers a special right of cancellation (Sonderkündigungsrecht). The deadline is short and runs from when you receive the notification – not from the date on the letter. How this works for car insurance with new type classes is shown in the guide Switching car insurance.
The deadline
If the insurer raises the premium without a corresponding change in the scope of cover, you can cancel the contract under § 40 VVG within one month of receiving the notification – with immediate effect, but no earlier than the date on which the increase takes effect. The insurer must inform you at least one month before the increase takes effect.
- Deadline: one month from receipt
- Takes effect no earlier than the increase date
- Notification must arrive one month in advance
- Cancel in text form with proof of receipt
Secure a replacement first
Do not cancel until you know you can get equivalent cover. Acceptance is not guaranteed, particularly if you have previous claims, are older or have particular risks. When in doubt, a gap in cover will cost more than the higher premium.
Not every increase counts
If the premium rises because your cover is also being extended, or because your risk situation has changed, the special right of cancellation does not automatically apply. So check carefully what reason the letter gives.
Frequently asked questions
How long do I have to cancel?
One month from receiving the notification of the increase. The cancellation takes effect immediately, but no earlier than the date on which the premium increase would take effect.
Does this also apply if I get more cover?
No. The special right of cancellation under § 40 VVG requires the premium to rise without a corresponding change in the scope of cover. If the cover is extended at the same time, it generally does not apply.
Should I cancel straight away?
Compare first, then cancel. Check whether you can get equivalent cover on better terms and whether you will definitely be accepted. A gap in cover can cost more than the increase.
Selected sources
Note: This article is general information and not legal advice. It does not replace an assessment of your individual case by a lawyer or a consumer advice centre. No guarantee of accuracy; the law and case law may change.
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