Firstly, you should contact either the insurance intermediary or insurer directly (in the case of tied agents or exclusive intermediaries) or the chambers of industry and commerce (non-exclusive insurance agents, insurance brokers or insurance consultants). You can also contact the Insurance Ombudsman Association, consumer centres or BaFin.

Complaining to BaFin

Consumers can contact BaFin with their complaints about insurance intermediaries. BaFin supervises insurers and therefore also the distribution of insurance products.

When BaFin receives a complaint about an insurance intermediary, it reviews whether to involve other authorities (such as the chambers of industry and commerce, trade offices, data protection authorities, foreign supervisory authorities) – which is usually the case for non-exclusive insurance agents and insurance brokers. You will be notified in any case of whether BaFin is taking action itself or if you should address your complaint to another authority. The procedure is free of charge for consumers.

If BaFin is responsible, for example in the case of a complaint regarding a tied insurance intermediary, it will normally first write to the insurer asking them to state their position. If this reveals indications that the intermediary is not reliable or suitably qualified, BaFin will normally endeavour to ensure that the insurer ceases to work with the intermediary.

However, in many cases, BaFin cannot inform consumers about the specific measures it takes due to its statutory duty of confidentiality.

If another body is responsible, BaFin passes the complaint on to them, for example to the competent local chambers of industry and commerce or trade offices of the insurance intermediary in question, or BaFin will inform you of which bodies you can contact. The chamber of industry and commerce or the trade office then decide what measures are to be implemented, including whether it is necessary to initiate trade prohibition proceedings.

You should know

• BaFin is not authorised to make final or binding decisions in disputes between consumers and insurers or intermediaries. That is the sole responsibility of the civil courts and, to a certain extent in the case of insurance companies, the Insurance Ombudsman Association.
• In the event of problems with intermediaries or insurers, you should seek legal advice straight away, e.g. from a lawyer. Otherwise, you may run the risk of missing statutory time limits and suffering legal disadvantages as a result. Submitting a complaint about an intermediary or insurer to BaFin does not change statutory time limits.
• BaFin is not authorised to terminate or change your legal relationship with your insurer on the basis of a complaint, or to arrange for a repayment of insurance premiums already paid. BaFin also cannot order the continuation of an insurance contract following termination.
• Regardless of whether you have already submitted a complaint to BaFin, you can also direct your complaints about insurance intermediaries or insurers to the Insurance Ombudsman Association. This is free of charge.
• BaFin does not exercise any legal or technical supervision over other authorities. This includes chambers of industry and commerce, trade offices, and data protection authorities of the federal states. Complaints regarding the activities of these authorities must be addressed to the authorities responsible for this under federal state law. BaFin is not in a position to provide any further information or legal advice in this regard.