You bought a car, a few weeks later worrying symptoms appeared, you paid several hundred zlotys for an expert’s report – and the report confirmed serious defects. Does that money go to waste? No. Polish law allows the cost of an expert report to be recovered from the seller, and courts consistently confirm this.
The Legal Basis
Article 566 § 1 of the Civil Code provides that where a buyer submits a notice of withdrawal from the contract or a claim for a price reduction on account of a physical defect in the item sold, they may claim compensation for the loss they suffered by entering into the contract without knowing of the defect’s existence. In particular, they may claim reimbursement of the costs of concluding the contract, collecting, transporting, storing and insuring the item, and of expenditure incurred.
This list is not exhaustive. The Supreme Court confirmed in its judgment of 2 September 1975 (case ref. I CR 505/75) that an expert report obtained before court proceedings are initiated can be a material basis for an award of damages, and that its cost constitutes a recoverable loss. This principle remains fully applicable today.
Where the car was purchased from a trader since 2023, an analogous compensation claim arises under Article 43d of the Consumer Rights Act – the range of recoverable costs is broadly similar.
When the Cost of an Expert Report Is Recoverable
Two conditions must be met to successfully claim reimbursement of expert report costs: the report must be connected with the identification or documentation of vehicle defects that justify the complaint, and the buyer must have proof of payment.
The connection between the report and the defect is key – the cost of a test that had no bearing on the subject of the complaint is harder to justify. Where, however, the report confirmed the defect and formed the basis for the complaint or the withdrawal from the contract, its cost falls squarely within the scope of the recoverable loss.
What Costs Can Be Recovered
Beyond the cost of the expert’s report itself, you can claim reimbursement of towing costs to the expert or workshop, fees for any additional specialist tests commissioned in the course of diagnosing the defect, storage costs, a proportionate part of the insurance premium for the period during which the vehicle was unfit for use, and the costs of concluding the contract and collecting the vehicle.
Each of these expenses requires documentation – a receipt, invoice or payment confirmation.
How to Include These Costs in the Complaint
A mistake made by many buyers is to focus solely on the purchase price and overlook the costs they have incurred. A complaint or notice of withdrawal should explicitly state that the claim covers not only the return of the price but also compensation for the losses suffered – with each item and its amount set out separately.
Attach the invoice or receipt for the report, the expert’s protocol or report, and all other evidence of costs incurred. The more precisely the claim is formulated, the harder it is for the seller to ignore.
What If the Seller Refuses
A refusal to reimburse the cost of the report does not close the matter. In court proceedings, the court independently assesses whether the costs incurred are connected with the vehicle’s defect and whether they are recoverable. Experience from our practice shows that courts consistently uphold buyers’ right to recover expert report costs, treating them as a direct consequence of the seller’s dishonesty.
Deadlines
Claims under the statutory warranty for physical defects are governed by the deadlines in Article 568 of the Civil Code – the defect must be identified within two years of the vehicle being handed over, and claims become time-barred one year from the date the defect was identified. Where the car was purchased from a trader, the seller is liable for two years from delivery.
Contact Us
If you have incurred expert report costs in connection with a vehicle defect and want to know how to include them effectively in your claim, it is worth discussing the matter with a lawyer.
It pays to be properly prepared: both in knowing what you can claim and in having a clear strategy.
We handle cases for drivers in Poznań and across the Wielkopolska region, with in-person and online consultations available for clients elsewhere in Poland.
Adwokat Marta Krzyżanowicz and Adwokat Michalina Koligot Law Firm “Adwokat dla Kierowców w Poznaniu”
ul. Adama Mickiewicza 18/3, 60-834 Poznań
tel. +48 795 001 536 · +48 531 335 713
kontakt@adwokatdlakierowcy.pl · www.adwokatdlakierowcy.pl
This text is for general information purposes only and does not constitute legal advice. Every case requires individual analysis.
