When a car turns out to have something wrong with it after purchase, the first question is: how do you prove the defect existed at the time of sale? The answer is straightforward – a technical expert’s report. The Poznań Regional Court in its judgment of 21 August 2015 (case ref. XV Ca 471/15) illustrated just how decisive an expert’s opinion can be in vehicle defect cases.
Why an Expert’s Report Is Essential
Most serious vehicle defects are invisible to the naked eye and impossible to assess without specialist technical knowledge. In the Poznań case, the court stated explicitly that the hidden defects could not have been identified without specialist inspection and measurements – neither a short test drive nor a standard viewing allowed the buyer to spot such significant faults as a bent pillar, a displaced wheel or exhaust emissions exceeding legal limits.
The Supreme Court has consistently held for many years that an ordinary car user cannot be expected to locate and describe vehicle faults with professional precision. That is precisely the role of an expert.
A Private Report Versus a Court-Appointed Expert’s Opinion
In the Poznań case, the buyer first commissioned a private technical inspection of the vehicle – and it was that report which formed the basis for the defect notification and the withdrawal from the contract. Later, in the course of the court proceedings, a court-appointed automotive engineering expert was appointed, and it was their opinion that determined the outcome.
Both types of report have their place in proceedings.
A private expert’s report is essential at the pre-litigation stage – it documents the defects, provides the basis for a formal complaint and informs the decision whether to withdraw from the contract. Its cost forms part of the recoverable loss – meaning that if you win the case, the seller will also be required to reimburse those expenses. The Supreme Court confirmed this principle as far back as 1975 (case ref. I CR 505/75) and it remains fully applicable today.
A court-appointed expert’s opinion carries particular weight in court proceedings. It is on this basis that the court establishes the nature and significance of the defects, assesses whether they justify withdrawal from the contract and verifies whether the defect existed at the time of sale.
How to Use an Expert’s Report Effectively
Act quickly. In the Poznań case, the buyer commissioned a technical inspection almost immediately after the first problems appeared – within days of the purchase. The sooner a report is obtained, the harder it becomes for the seller to argue that the defect arose after the sale.
Commission a comprehensive examination. In the case discussed, the buyer did not limit himself to a single test – he separately commissioned an assessment of the vehicle’s technical condition, an emissions test and a general control inspection. A broader scope of testing gives a fuller picture of the defects and strengthens the evidential position.
Keep all the documentation. The inspection record, the expert’s report, the receipt or invoice for the examination – all of this is evidence. In the Poznań case, a till receipt for PLN 150 was sufficient; the court included it in the recoverable loss without question.
Refer to the report in your complaint. The defect notification and any notice of withdrawal from the contract should refer explicitly to the findings of the technical report. A precise description of defects confirmed by an expert examination is a considerably stronger argument than a general assertion that the car is faulty.
Apply for a court-appointed expert. In court proceedings, submit an application for a court-appointed automotive engineering expert to be appointed. Their opinion carries particular evidential weight and can confirm the findings of the private report – or reveal additional defects the buyer was not previously aware of.
A Note on Buying from a Trader
The judgment in case XV Ca 471/15 concerned a private sale between individuals. When buying from a dealer, car lot or showroom, a different regime has applied since 2023 – the rules on conformity of goods with the contract. The role of an expert’s report is the same under that regime – both a private technical inspection and a court-appointed expert’s opinion remain key pieces of evidence, and their costs can equally be claimed from the seller.
Contact Us
If you have bought a vehicle with defects and want to know how to commission a report and use it effectively in a dispute with the seller, it is worth discussing the strategy 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.
