Insurer's Repair Estimate vs Main Dealer Repair: What You're Entitled To

Disclaimer

Twoja Sprawa (twojasprawa.com) is a platform that connects Polish-speaking clients with a regulated Polish advocate (adwokat) or legal counsel (radca prawny) — it is not a law firm. This article is for general information only and does not constitute legal advice. Every case needs an individual review of the documents and case file by a regulated lawyer.

The insurer has offered to repair your car at a general garage, but you'd rather use the main dealer network (ASO — Autoryzowana Stacja Obsługi, "authorised service station", i.e. a franchised dealer workshop for your car's brand), which offers a full warranty on the work. The insurer says it "won't cover the difference." Are they allowed to refuse? In some cases — no. Below we explain when the right to a main dealer repair is justified, why labour rates differ so much, how insurers trim estimates, and how to push back.

When you're entitled to a main dealer (ASO) repair

Courts don't ban main dealer repairs, but they don't guarantee them either — it depends largely on the age of the vehicle and the terms of the manufacturer's warranty.

Cars still under manufacturer warranty (typically up to 3–5 years)

If your car is still under warranty, courts generally accept that the right to a main dealer repair is justified:

• Repairing at the main dealer preserves the warranty (a repair elsewhere could void it)
• Original (genuine, marked "O") parts are required — the manufacturer insists on this
• The main dealer's labour rate is higher, but justified by the warranty terms

⚠️ Case-law example: if a BMW is still under warranty and you want it repaired at an official BMW dealer, the insurer should accept this — even though it will cost more than "the local garage down the road."

Cars outside warranty (over roughly 5 years old)

Here the insurer has more room to argue that a general garage is sufficient. Courts will still allow a main dealer repair, however, if:

• The vehicle is relatively young (up to roughly 7 years old)
• The owner can show a legitimate interest (e.g. wanting to preserve resale value, or brand loyalty)
• The price difference is not grossly excessive (broadly under ~15–20%)

⚠️ The older the vehicle, the harder it becomes to justify a main dealer repair — expect the insurer to push back.

Labour rates — where the gap comes from

This is the second layer of the dispute. A main dealer workshop always charges a higher hourly labour rate than a general garage. Why?

The insurer typically takes an average rate from the Audatex/Eurotax database, which doesn't always match what a specific brand's main dealer actually charges.

How the main dealer justifies the higher rate

• Staff training and manufacturer certification
• Specialist diagnostic equipment dedicated to the brand
• Genuine parts (more expensive than aftermarket)
• Longer warranty on the work performed
• Lower defect/rework rate — the job is simply done more thoroughly

Courts largely accept these arguments — a main dealer's labour rate is justified, provided the insurer isn't disputing the right to use a main dealer in the first place.

How insurers trim the repair estimate

The most common tactics:

1. Using a database average instead of the actual dealer rate

The insurer takes the average rate across all workshops from Eurotax (e.g. 120 PLN/h) and applies it to a main dealer that actually charges 200 PLN/h.

Remedy: Demand a calculation based on the main dealer's actual published rate — supply their price list as evidence.

2. Aftermarket parts instead of genuine ones

The insurer's estimate specifies aftermarket parts (marked Q/P), while the main dealer switches to genuine/original parts ("O") — automatically pushing the cost up.

Remedy: If the car is under warranty, insist on genuine ("O") parts from the outset. If it's out of warranty, be ready to argue the case for the switch (part unavailable as aftermarket, manufacturer warranty conditions, etc.).

3. No allowance for diagnostic work

A main dealer will usually have to run a full computer diagnostic (e.g. checking a sensor fault on a modern car). The insurer often leaves this off the estimate entirely.

Remedy: Ask for an extended estimate that includes a separate line for computer diagnostics.

What a proper repair estimate should include

1. Parts and labour breakdown — quantity × unit price
2. Hourly labour rate, clearly stated
3. Number of labour hours for each task
4. Justification for the choice of parts (if genuine rather than aftermarket)
5. Computer diagnostics, where relevant to the vehicle
6. — calculated against catalogue/market prices

How to challenge a lowball estimate

Step 1: Compare against the market rate

Check the main dealer's website or call them directly to find their actual hourly rate, then compare it with the insurer's estimate.

Step 2: Get an independent estimate

If the gap is significant, commissioning an independent estimate from another workshop gives you solid evidence. Typical cost: 200–500 PLN.

Step 3: Write to the insurer

Send a letter including: - The main dealer's actual published rates - The independent estimate - Your justification for using a main dealer (warranty, vehicle age)

The insurer is obliged to respond within 14–30 days.

Step 4: Financial Ombudsman (Rzecznik Finansowy) or court

If the insurer still won't budge, you can: - Lodge a free complaint with the Polish Financial Ombudsman (Rzecznik Finansowy) - Pursue a court claim for the shortfall

Frequently asked questions

Can I always get my car repaired at a main dealer? Not always. If the car is still under warranty — almost always yes. Once it's out of warranty, you need to show a legitimate interest, and the insurer can push back if the price difference is grossly excessive.

Can the insurer force me to use a particular garage? In theory, no — the choice is yours. But if you choose a more expensive option, the insurer may only pay out what the repair would have cost at their preferred garage, leaving you to cover the difference out of pocket.

What if the main dealer finds additional damage during the repair? Report it to the insurer straight away — if the damage was hidden, they should cover it. If the insurer argues it was visible from the outset, expect a dispute; the initial inspection report becomes the key piece of evidence.

Will I get reimbursed for the cost of an independent estimate? Usually yes, if you win the dispute. Legal costs can be awarded against the losing party (here, the insurer) in court proceedings.

Sources

• Audatex repair-estimation systems: (link to be added)
• Eurotax repair-estimation systems: (link to be added)
• Court rulings on main dealer (ASO) labour rates (SAOS — Polish court ruling database): (link to be added)
• Article 314 of the Polish Civil Code (Kodeks cywilny) — restoration of a thing to its prior state: (link to be added)

Related articles

• Repairing your car under the at-fault driver's OC insurance — step by step (in Polish)
• Underpaid OC compensation — how to claim the shortfall (in Polish)
• Aftermarket parts — how insurers use them to reduce your payout (in Polish)