A Workshop Damaged My Car – What Rights Do I Have and How to Pursue a Claim
Taking your car to a workshop and getting it back in a worse condition than before is one of the more frustrating situations drivers encounter. A seized engine after an oil change, paintwork scratched during bodywork repairs, electronics damaged by water coming through a window left open – a workshop is liable for damage of this kind, though enforcing that liability requires knowledge of the applicable rules and proper documentation.
Contents
- A workshop’s liability for defective service
- A workshop’s liability as a custodian of the vehicle
- Unauthorised use of the vehicle by the workshop
- The workshop’s right of retention – when it can keep the car
- What to do after discovering damage
- How to protect yourself against workshop problems
- Practical examples from our caseload
- FAQ
A Workshop’s Liability for Defective Service
By accepting a vehicle for repair, a workshop undertakes to carry out the service with due care – in accordance with professional standards and the manufacturer’s recommendations. Liability for defective performance of that obligation follows from Article 471 of the Civil Code: where a creditor suffers loss as a result of non-performance or defective performance of an obligation, the debtor is required to make good that loss.
In a consumer-trader relationship, the provisions of the Consumer Rights Act on services also apply, giving the consumer rights in the event of defective performance – including the right to have the service carried out again free of charge or to a reduction in price.
A workshop is liable for damage resulting from incorrect diagnosis of a fault, the fitting of unsuitable or defective replacement parts, errors during mechanical, bodywork or paintwork operations, incorrect wheel alignment or other parameter settings, and damage caused to other vehicle components during the repair.
The burden of demonstrating that the service was correctly carried out lies with the workshop, once the consumer has shown that the defect or damage arose in connection with the repair. In practice, the opinion of an independent automotive expert or court-appointed expert – establishing the cause and circumstances of the damage – is critical.
A Workshop’s Liability as a Custodian of the Vehicle
By leaving a car at a workshop, the owner enters not only into a repair contract but also – even without a written document – into a contract of bailment within the meaning of Article 835 of the Civil Code. The workshop undertakes to look after the vehicle throughout its time on the premises and is liable for its loss, diminution or damage, unless the damage resulted from causes for which it is not responsible.
A workshop’s liability as a bailee covers theft of the vehicle or its components from the premises, damage caused by workshop employees during the period of storage, damage resulting from inadequate protection of the vehicle against weather conditions, and damage caused by third parties where the workshop failed to provide adequate security of the premises.
To escape liability, the workshop must demonstrate that it exercised due care – that it took all reasonable measures to protect the vehicle and that the damage occurred despite those measures. In practice, this is difficult to demonstrate where gaps can be shown in the security system, CCTV coverage or access control.
Clauses in workshop terms and conditions purporting to exclude or limit liability for the vehicle are, in consumer relationships, frequently treated as unfair contractual terms within the meaning of Article 385¹ of the Civil Code – and are therefore ineffective by operation of law.
Unauthorised Use of the Vehicle by the Workshop
A workshop has no right to use a customer’s vehicle for purposes unrelated to the repair without the owner’s express consent. A workshop employee driving the customer’s car – for example for personal reasons – constitutes a breach of contract and may give rise to liability for damages, and where the vehicle is damaged during such use, full liability for the loss.
Proving unauthorised use is possible through GPS system data, dashcam records and sometimes witness statements. The owner may claim compensation for unauthorised use of the vehicle as such, regardless of whether damage occurred.
The Workshop’s Right of Retention – When It Can Keep the Car
A workshop that has not been paid for the service it has carried out may rely on a statutory right of retention under Article 671 of the Civil Code – it has the right to keep the vehicle until the repair bill is paid. Exercising this right does not, however, release the workshop from its obligations as a bailee – it must continue to look after the vehicle with due care throughout and may not use it.
If the owner disputes the quality of the service, the workshop’s retention of the vehicle can be challenged. In disputed cases, it is possible to lodge the disputed amount with the court deposit – this allows the vehicle to be recovered while securing the claims of both parties.
What to Do After Discovering Damage
The first step is to document the damage in detail – photographs, video footage, the date and circumstances of discovery. It is also worth securing the vehicle acceptance record, the repair order and all invoices. If the workshop replaced damaged parts, ask for them to be returned – they may be important evidence.
The complaint should be submitted promptly upon discovering the damage, in writing, by recorded post with proof of delivery. The letter should contain a precise description of the damage, the circumstances of its discovery and a clearly formulated claim – for the damage to be repaired or compensation paid. The workshop should respond to the complaint within 14 days.
In the event of a dispute about the cause of the damage, it is worth commissioning a report from an independent automotive expert. This opinion is frequently the decisive argument both in negotiations with the workshop and in court proceedings – it allows an objective assessment of when and in what circumstances the damage occurred.
If an amicable resolution proves impossible, a complaint may be made to the municipal or district consumer ombudsman, or the matter referred to court. In court proceedings, the court may appoint an expert in automotive engineering whose opinion forms the binding basis for the decision.
How to Protect Yourself Against Workshop Problems
Before handing over the vehicle, it is worth taking photographic documentation of its condition – particularly in areas where later disputes about when damage occurred might arise. A detailed acceptance record describing the vehicle’s condition should be drawn up, and the repair order should precisely specify the scope of the work and the agreed cost.
It is worth asking for replaced parts to be returned – this allows verification of whether the replacement was genuinely necessary and whether parts of the correct quality were fitted. For expensive repairs, prior written confirmation of exactly which parts will be used is also advisable.
Practical Examples from Our Caseload
A client brought his car to a workshop for a routine oil change. After collecting the vehicle and driving a few kilometres, the engine suddenly cut out. A diagnosis showed that the mechanic had failed to tighten the sump drain plug, causing all the oil to leak out and the engine to seize. The firm obtained an expert’s report confirming the cause of the failure and referred the matter to court. The court awarded compensation covering the cost of the engine repair, towing and replacement vehicle hire for the duration of the repair.
A client left his car at a workshop for suspension repairs. Overnight, the wheels and headlights were stolen from the premises. The workshop denied liability, claiming the premises were adequately secured. The firm established that the alarm system did not cover the section of the car park where the vehicle was parked and that the entrance gate was regularly left open. Faced with the evidence gathered, the workshop offered a settlement, covering the full cost of the stolen components and providing a replacement vehicle for the duration of the repair.
A client brought her car to a workshop with an uneven engine running problem. The workshop diagnosed the need to replace the injectors and carried out an expensive repair. The problem did not resolve – further diagnosis at another workshop identified the actual cause as a faulty crankshaft position sensor. The firm obtained an expert’s report confirming the incorrect diagnosis and submitted a complaint demanding reimbursement of the costs of the unnecessary repair. The workshop accepted the complaint and refunded the full cost of the work that had not been needed, and also covered the cost of the correct repair at another service centre.
A client left his car at a workshop for an engine repair. During this period, heavy rainfall occurred, and the vehicle was stored outside with a window left open, causing the interior to flood and serious damage to the electronics. The court found the workshop liable as a bailee that had failed to exercise due care and awarded compensation covering the cost of repairing the electronics and replacement vehicle hire.
FAQ
Can a workshop exclude its liability through its terms and conditions? In consumer relationships, contractual clauses in workshop terms and conditions purporting to exclude or limit liability for the vehicle are frequently treated as unfair contractual terms and are ineffective by operation of law. They cannot exclude liability for damage caused intentionally or through gross negligence.
How do I prove that the damage occurred at the workshop and not before? Documentation of the vehicle’s condition before it was handed over is critical – photographs, an acceptance record with a description of the condition, and sometimes witness statements. In disputed cases, the opinion of an independent expert or court-appointed specialist establishes, on the basis of the nature of the damage, when and in what circumstances it could have occurred.
What should I do if the workshop refuses to accept the complaint? Submit a written complaint with a precise description of the damage and a clearly formulated claim, obtain an independent expert’s report, and if the refusal continues, refer the matter to court or make a complaint to the municipal or district consumer ombudsman. Simply notifying the workshop of an intention to take the matter to court often prompts it to reconsider the complaint.
Does the workshop have the right to keep the car for an unpaid invoice? Yes – the workshop may rely on its statutory right of retention and keep the vehicle until the bill is paid. It may not, however, use the vehicle and must continue to look after it as a bailee. Where there is a dispute about the quality of the service, lodging the disputed amount with the court deposit allows the vehicle to be recovered without abandoning the claim.
Contact Us
A dispute with a workshop over a damaged vehicle requires prompt securing of evidence and precisely formulated claims – time matters here, because traces of damage can be difficult to preserve.
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.