Selling a car with an accident history as “accident-free” is one of the most common problems on the used car market. If this has happened to you, you have specific legal rights – and you can enforce them. A judgment of the Poznań Regional Court of 21 August 2015 (case ref. XV Ca 471/15) shows exactly how this works in practice.
Contents
- What “accident-free” means in legal terms
- What defects are invisible to the naked eye
- Why an expert report is essential
- The legal basis for getting your money back
- Step by step – what to do after discovering the defect
- A note on the legal framework
- FAQ
What “Accident-Free” Means in Legal Terms
When a seller describes a car in an advertisement as “undamaged” or assures you in person that it has never been in an accident – that is not just a casual remark. It forms part of the contract and carries legal consequences.
In the case before the Poznań Regional Court, the sellers placed an advertisement explicitly stating that the vehicle was used but undamaged. The court held that a car with an accident history does not have the properties the sellers had assured the buyer it possessed – and that this directly affects the value of the vehicle. In short: if the car is not what it was sold as, the buyer has the right to act.
The seller’s liability is absolute – it does not depend on whether the seller knew about the accident, caused it, or could even have found out about it. If a defective item was sold, the seller is liable for that defect.
What Defects Are Invisible to the Naked Eye
In the case under discussion, a technical inspection revealed a series of defects that an ordinary buyer could not have detected during a standard viewing: a bent front longitudinal member, a bent central front reinforcement bracket, oil cooling pipes bent and secured with wire, and a partially straightened and filled rear boot panel.
The court expressly confirmed that defects of this kind were not visible to the naked eye for someone who does not work in vehicle repair. What is more, the vehicle showed fresh signs of repair work carried out purely for the purpose of the sale, including a wing mirror attached with adhesive tape. This is a textbook example of an attempt to conceal the car’s true condition from a prospective buyer.
The expert appointed in the case also found that the technical roadworthiness test carried out before the sale had not been comprehensive and had not revealed the vehicle’s actual defects. A passing MOT is therefore no guarantee that a car is in good condition or has never been in an accident.
Why an Expert Report Is Essential
If you suspect you have bought an accident-damaged car sold as accident-free, the first step should be commissioning a professional technical report. It is the foundation of any complaint and any potential court claim.
In the case discussed, it was the expert’s report that made it possible to establish conclusively that the damage to the vehicle’s structural components resulted from a collision, not from normal use. The expert found, among other things, that measurements of the front wheel alignment and kingpin inclination fell outside their nominal range – indicating permanent deformation caused by a single impact event.
It is also worth knowing that the cost of a private expert report commissioned before court proceedings begin can be claimed from the seller as part of your loss. The Polish Supreme Court has confirmed that an expert report obtained before proceedings are initiated can be a material basis for an award of damages, and that its cost constitutes recoverable loss under Article 361 of the Civil Code.
The Legal Basis for Getting Your Money Back
Selling an accident-damaged car as accident-free gives the buyer the right to pursue claims under the statutory warranty for physical defects (in a private sale) or under the rules on non-conformity of goods with the contract (when buying from a trader). In both cases, you can demand repair or replacement of the vehicle, a reduction in the purchase price, or – where the defect is significant – withdrawal from the contract and a full refund.
The refund is sought together with compensation for other costs incurred – including the cost of the expert report, travel expenses and any other losses directly connected with the defective purchase.
Step by Step – What to Do After Discovering the Defect
Step 1. Preserve the evidence. Keep the advertisement in which the car was described as accident-free – take a screenshot, print it out, save the link. Keep all correspondence with the seller. If the seller made verbal assurances, write down what was said and when.
Step 2. Commission a report from an independent automotive expert. The report should cover the bodywork and structural components, a diagnostic scan and geometry measurements. Keep the invoice for the report – its cost can be claimed from the seller.
Step 3. Notify the seller of the defect in writing. In a private sale, do this within one month of discovering the defect (Article 563 § 1 of the Civil Code). When buying from a trader, notify within a reasonable time of discovering it. Use recorded post or email so that you have proof of delivery.
Step 4. Submit a written notice of withdrawal from the contract. If the defect is significant, you are entitled to a full refund. The notice should set out the defects in detail, refer to the expert report findings, and give the seller a reasonable deadline to respond.
Step 5. Consult a lawyer. If the seller refuses or ignores your complaint, the matter may need to go to court. It is worth discussing your strategy before taking further steps.
A Note on the Legal Framework
The judgment in case XV Ca 471/15 concerned a private sale between individuals. In such cases, the statutory warranty provisions of the Polish Civil Code apply, including the one-month deadline for notifying the seller of a defect under Article 563 § 1 of the Civil Code.
If you bought the car 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. There is no one-month notification deadline under this regime; the complaint must be made within a reasonable time of discovering the defect, and the seller’s liability runs for two years from the date of delivery. The scope of protection is broadly comparable, but the procedure and timescales differ in their details.
FAQ
Can I claim a refund if the seller says they did not know about the accident? Yes. The seller’s liability under the statutory warranty is absolute – it does not depend on their knowledge or fault. If a defective vehicle was sold, the seller is liable for that defect regardless of whether they knew about the accident.
What if the contract said I was buying the car “as seen”? A clause of this kind does not exclude the seller’s liability for defects the buyer did not know about and could not have known about. An exclusion of warranty liability is ineffective if the seller fraudulently concealed a defect – and concealing a vehicle’s accident history behind an assurance of accident-free status may well be treated as exactly that.
How much time do I have to report the defect? In a private sale: one month from discovering the defect to notify the seller, and one year from the date the vehicle was handed over to exercise your warranty rights. When buying from a trader: a reasonable time from discovering the defect to make a complaint, with the seller’s liability running for two years from delivery.
Can I recover the cost of the expert report? 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 the refund of the purchase price.
What if the roadworthiness test before purchase showed nothing wrong? That does not affect your rights. As the judgment discussed here shows, a technical inspection may be incomplete and fail to reveal hidden accident damage. What matters is an independent expert report that examines the vehicle comprehensively.
Contact Us
If you bought a car described as accident-free and an expert report has revealed its accident history, you have concrete rights – and a clear path to recovering your money. 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.
