"Workshop from Our Partner Network" — Decoder

Also known as

Werkstattbindung (workshop tie-in) · workshop referral · partner workshop · premium workshop · cooperation workshop

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What you have just received — verbatim

Typical variants:

"To speed up the repair, we recommend workshop [X] from our premium partner network."

"Our partner workshop network offers you the following benefits: fast repair, free collection and delivery service, mobility guarantee."

"Repair at an authorised dealership is not necessary — a proper repair by our partner is sufficient."

"If you choose to have the repair done at an authorised dealership, we will not reimburse the additional costs."

Three characteristics that are almost always present:

• Recommendation framed as a service ("to speed things up", "with collection and delivery")
• Implicit threat of non-reimbursement if you choose your own workshop
• No mention of your right to free choice of workshop

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What is really going on

1. Flat-rate agreements with workshops

Insurers conclude framework agreements with selected workshops — lower hourly rates, fixed parts pricing, often replacement parts (equivalent aftermarket parts) instead of original manufacturer parts. Difference compared with an authorised dealership invoice: typically 15–30 %.

2. Circumventing the authorised dealership right

The BGH line of case law protects your right to an authorised dealership repair for new or continuously dealership-serviced vehicles. If you accept the insurer's recommendation, you effectively waive this right — even if you were aware of it.

3. Restwert (residual value) and Wertminderung (diminished value)

A repair carried out at a non-authorised workshop affects the merkantile Wertminderung (diminished market value) — the resulting loss stays with you. For newer vehicles, the difference can amount to several thousand euros.

4. Control over the repair

At the partner workshop, the insurer has visibility into the repair process, can steer repair measures, and can resolve potential disputes about what work is necessary directly with the workshop — all to your disadvantage.

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What case law says

The principle: free choice of workshop

The BGH makes clear in established case law: injured parties have free choice of workshop. The insurer's recommendation is not a requirement — you may decline it, and the insurer has no right to reduce reimbursement as a result.

The authorised dealership right — the key line of case law

In two situations, there is a right to repair at an authorised dealership (BGH, judgment of 20.10.2009, VI ZR 53/09 — the so-called "Porsche ruling" and subsequent case law):

1. Vehicle under 3 years old — new-equivalent vehicle, authorised dealership standard
2. Unbroken authorised dealership service history — also for older vehicles, provided servicing is documented (service booklet, invoices)

In these situations the following apply:

• Manufacturer hourly rates as "customary" within the meaning of BGH case law
• Original manufacturer parts instead of aftermarket/remanufactured parts
• Transfer costs and UPE surcharges of the authorised dealership are reimbursable

Scope of the right

Even if an authorised dealership repair is more expensive than the partner workshop option, the full additional costs are reimbursable — provided you have the authorised dealership right.

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What to do now — concretely

💡 The most important rule

You decide where your vehicle is repaired — not the insurer. For new or dealership-serviced vehicles: always use an authorised dealership.

🛠 Four steps

1. Check your authorised dealership right Is the vehicle under 3 years old? Is there an unbroken authorised dealership service history? Find the service booklet and gather workshop invoices.

2. Choose your own workshop Authorised dealership (if entitled) or a trusted independent workshop — not an insurer partner.

3. Notify the insurer of your workshop choice in writing Letter to the insurer citing the BGH ruling and setting out your reasons (see template below).

4. If additional costs are threatened, engage a lawyer A specialist road traffic lawyer reviews your claim and acts against the insurer — the insurer pays the legal fees.

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Letter template — notifying workshop choice

Dear Sir or Madam,

I refer to your workshop recommendation in connection with
claim [claim number].

Thank you for drawing my attention to your partner workshop network.

I will be exercising my right to free choice of workshop
(BGH, established case law) and will have my vehicle repaired at
[workshop name].

Basis for the authorised dealership right:

My vehicle ([make, model, year of manufacture]) is [under 3 years
old / has been serviced exclusively at an authorised dealership
throughout — service booklet and invoices enclosed]. Under the BGH
line of case law (VI ZR 53/09 and subsequent rulings), I am entitled
to repair at an authorised dealership, including original manufacturer
parts, manufacturer hourly rates, and transfer costs.

If you assert that costs exceed those of your partner network, please
provide a detailed breakdown. Under the BGH line of case law, these
additional costs are also reimbursable.

The repair will take place within [X] weeks. The invoice will be sent
to you directly.

Yours sincerely,
[Signature]

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What the insurer will most likely do next

Response A — threat of additional costs

"You will have to bear the additional costs compared with the authorised dealership yourself."

Your response: Do not accept this. Where an authorised dealership right is established, all additional costs must be reimbursed in full. Cite the BGH line of case law in writing.

Response B — "proper repair is sufficient"

"A proper repair at our partner workshop meets all requirements."

Your response: The authorised dealership right applies regardless. "Proper" is not the same as "authorised dealership standard" — original manufacturer parts and manufacturer hourly rates are part of the entitlement.

Response C — aftermarket parts argument

"We only reimburse aftermarket parts prices — original manufacturer parts are not required."

Your response: Where an authorised dealership right exists, original manufacturer parts are the applicable standard. The BGH line of case law is unambiguous.

Response D — hourly rate reduction to Schwacke regional average

"The authorised dealership hourly rate is excessive — we only reimburse the regional average under Schwacke."

Your response: Where an authorised dealership right exists, the "customary" hourly rate is the authorised dealership rate, not the regionally averaged Schwacke figure. Reject the reduction in writing.

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Frequently asked questions

Can the insurer tell me which workshop to use? No. Under established BGH case law you have free choice of workshop. The insurer's recommendation is a recommendation, not a requirement.

When am I entitled to an authorised dealership repair? For vehicles under 3 years old or with an unbroken authorised dealership service history (BGH VI ZR 53/09). In these situations the insurer must reimburse the full authorised dealership costs.

What are aftermarket parts vs. original manufacturer parts? Original manufacturer parts come directly from the manufacturer and are fitted at the authorised dealership. Aftermarket parts are equivalent replacement parts (often cheaper). Where an authorised dealership right exists, you are entitled to original manufacturer parts.

What will the authorised dealership repair cost me? Where entitled: nothing — the full authorised dealership costs, including original manufacturer parts and manufacturer hourly rates, are borne by the insurer. Even the additional costs compared with partner workshops.

What if my vehicle is more than 3 years old? With an unbroken authorised dealership service history, the right still applies. Without a service history: you still have free choice of workshop, but not the authorised dealership right. Even so, using an insurer partner workshop is not mandatory — you choose freely.

How does the workshop choice affect the Wertminderung (diminished value)? A repair at a non-authorised workshop typically results in a higher merkantile Wertminderung. For newer vehicles, the difference can amount to several thousand euros.

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Related terms

• Reparaturkosten — basis for reimbursement
• Wertminderung — consequence of workshop choice
• Sachverständigen-Kosten — independent expert report as the basis
• Decoder "Reparatur unwirtschaftlich" — 130 % rule
• Decoder "Unser Sachverständiger" — insurer expert strategy

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If you are unsure what to do next

Werkstattbindung (workshop tie-in) is one of the most common insurer tactics — and one of the easiest to counter. The BGH line of case law is clear. Specialist road traffic lawyers routinely enforce the authorised dealership right; the insurer pays the legal fees.

→ Start your free claim assessment

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Sources

• Bürgerliches Gesetzbuch §§ 249, 254 — gesetze-im-internet.de/bgb
• BGH, judgment of 20.10.2009, VI ZR 53/09 (Porsche ruling, authorised dealership right)
• BGH, judgment of 23.02.2010, VI ZR 91/09 (authorised dealership right for older vehicles)
• BGH, judgment of 22.06.2010, VI ZR 302/08 (original manufacturer parts)
• BGH, judgment of 14.05.2013, VI ZR 320/12 (authorised dealership hourly rates)