Workshop risk: when the repair costs more than expected

If you have your car, damaged through no fault of your own, repaired, the bill can turn out higher than the report, for example because further damage only shows up during disassembly or the workshop works uneconomically. This so-called workshop risk is in principle borne by the party who caused the damage, not you.

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Your chances of getting your money back

As the injured party you do not bear the risk that the workshop bills excessively or unnecessarily. Such extra costs are in principle at the expense of the party who caused the damage, as long as you commissioned the repair and did not yourself give cause for excessive costs (§ 249 BGB).

The requirement is that you actually have the repair carried out and did not have to recognize that items were excessive. With purely fictitious (notional) billing without repair, the workshop risk does not apply.

What you should do now

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1. Commission the repair
Have your vehicle repaired in a specialist workshop based on the report and keep the order and the bill.
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2. Submit the bill
Submit the repair bill to the opposing insurer and demand reimbursement of the actual costs.
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3. Assert the workshop risk
If the insurer objects to extra costs, point out that the workshop risk does not lie with you.
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4. Cooperate in the review
Assign any claims against the workshop to the insurer if it suspects excessive items, that way you fulfill your duty to cooperate.

How to spot the scam

The insurer wants to pay only the lower report values even though the repair was more expensive.
Extra costs from damage discovered only afterward are to be pushed onto you.
It is claimed that you 'should have controlled' the costs.

Frequently asked questions

What does workshop risk mean?

That the risk of excessive, unnecessary, or uneconomical repair measures by a workshop is in principle borne by the party who caused the damage, not you as the injured party, as long as you commissioned the repair and gave no cause for excessive costs.

Does this also apply with fictitious billing?

No. The workshop risk only applies if you actually have the repair done. If you bill notionally on the basis of the report without repairing, you cannot invoke the workshop risk.

What if the insurer refuses the extra costs?

Point to the workshop risk and submit the repair bill. If the insurer suspects excessive items, you can assign it any claims against the workshop. In case of dispute, legal support helps.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.