You have bought a used car and something has turned out to be wrong with it. Before you take any steps, you need to know whether what you have found actually qualifies as a physical defect in the legal sense. The answer determines what rights you have and how effectively you can enforce them.
Contents
- What a physical defect in a vehicle means under Polish law
- Typical physical defects in court practice
- Physical defects versus normal wear and tear
- How to prove a defect
- A note on the legal framework
- FAQ
What a Physical Defect in a Vehicle Means Under Polish Law
Article 556 § 1 of the Civil Code defines a physical defect as a state of affairs in which the item sold has a defect reducing its value or usefulness for the purpose specified in the contract or arising from the circumstances or the nature of the item, does not have the properties the seller assured the buyer it possessed, or was delivered to the buyer in an incomplete state.
In the context of vehicles, this covers both technical faults that reduce the car’s usefulness and the absence of properties the seller assured the buyer of – for example, a false assurance that the car had never been in an accident. The Poznań Regional Court in its judgment of 20 May 2014 (case ref. XV Ca 330/14) held that physical defects within the meaning of Article 556 § 1 of the Civil Code include damage to the fuel injectors, a worn turbocharger, poorly executed accident repairs and – above all – a faulty airbag system, all of which reduce the vehicle’s usefulness for the purpose for which it is ordinarily intended.
Typical Physical Defects in Court Practice
Accident history concealed by assurances of accident-free status. If the seller assured you that the vehicle had never been in an accident and it turns out to have undergone accident repair, this constitutes a physical defect regardless of the quality of that repair. The car simply does not have the property the seller assured you it had.
Faults in safety systems. Particularly significant are faults affecting road safety. In the case discussed, the key defect was a faulty SRS system – a diagnostic scan showed a communication error with the airbag control unit, which could mean the airbags would fail to deploy in a collision at all. The court held that a faulty SRS system poses a serious danger to the driver and passengers and cannot be treated as normal wear and tear.
Poor quality accident repair. A physical defect is not only the fact of accident repair itself, but also its poor execution – traces of filler, non-original components, absence of anti-corrosion protection, parts secured with improvised fixings.
Faults in major components. Damage to the fuel injection system, engine oil in the intake system, a faulty alternator clutch – faults of this kind existing at the time of sale constitute a physical defect if the seller assured you the vehicle was in good technical condition.
Physical Defects Versus Normal Wear and Tear
A seller’s liability does not cover a reduction in value or usefulness that is the normal consequence of proper use. When buying a used car, you have to accept a certain degree of wear.
The boundary between a defect and normal wear and tear can be difficult to draw and must be assessed in the specific circumstances. The Poznań Regional Court stated clearly, however, that a faulty SRS system and accident repair are not the normal consequences of using a vehicle, and cannot be treated as a risk that the buyer accepts by choosing to buy a used car at a lower price.
How to Prove a Defect
A report from an independent automotive expert. This is the most important piece of evidence at the pre-litigation stage. An automotive expert can confirm the existence of the defect, identify its nature, assess whether it results from wear or from hidden damage, and value its impact on the vehicle. In the case discussed, the private expert report was the key piece of evidence, which the court accepted as fully reliable. Importantly, the cost of such a report can be claimed from the seller as part of your loss.
A court-appointed expert’s opinion. In the course of court proceedings, the court may appoint an expert to assess the vehicle’s technical condition independently. In case XV Ca 330/14, the court-appointed expert confirmed the findings of the private report regarding the vehicle’s accident history, the faulty SRS system and the poor quality repair.
Photographic and diagnostic documentation. Photographs taken immediately after discovering the defect, printouts from a diagnostic scan showing stored fault codes, and repair invoices all strengthen the buyer’s position.
The seller’s assurances. Keep all evidence of what the seller said before the purchase – the advertisement, correspondence, messages. The discrepancy between those assurances and the actual condition of the vehicle is the core of a physical defect claim.
A Note on the Legal Framework
The judgment in case XV Ca 330/14 concerned a private sale between individuals, where the statutory warranty provisions of the Polish Civil Code apply, including Article 556 § 1.
When buying from a trader – a dealer, car lot or showroom – a different set of rules has applied since 1 January 2023: the provisions on conformity of goods with the contract. The Civil Code concept of a physical defect is not used directly in that regime, but equivalent faults – reducing the vehicle’s value or usefulness, or showing that it does not conform to the seller’s assurances – provide grounds for claims on analogous principles.
FAQ
Is a vehicle’s accident history always a physical defect? Yes, if the seller assured you the car had never been in an accident. In that case, the vehicle does not have the property the seller assured you of – and that is sufficient to give rise to warranty liability, regardless of the quality of the repair carried out.
Is normal wear and tear a physical defect? No. A seller of a used vehicle is not liable for a reduction in its value that is the normal result of use. However, a faulty safety system or poorly executed accident repair is not treated as normal wear.
Do I have to commission an expert report before making a complaint? It is not a formal requirement, but it is strongly advisable. An expert report provides concrete evidence of the defect and its nature, which significantly strengthens the buyer’s position both when making a complaint and in any subsequent court proceedings.
Can I recover the cost of the expert report from the seller? Yes. The cost of a private expert report commissioned in connection with a vehicle defect forms part of your loss and can be claimed from the seller alongside your other claims.
Contact Us
Discovering a defect in a vehicle you have bought requires prompt action and proper documentation – both to meet the relevant deadlines and to be able to enforce your rights effectively.
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.
