Before making a complaint about a vehicle defect, you usually have to prove the defect exists first. That means visiting an automotive expert, having a technical inspection carried out, running a diagnostic scan. All of which costs money. Can you later add those costs to your claim against the seller? Yes – and there is clear case law to support it.
What the Poznań Court Decided
The Poznań Regional Court in its judgment of 21 August 2015 (case ref. XV Ca 471/15) heard the case of a buyer who, after purchasing a used vehicle, commissioned a technical inspection at a service centre. The report cost PLN 150 and confirmed serious defects – a faulty braking system, emissions exceeding legal limits and other faults. The buyer withdrew from the contract and claimed not only a refund of the purchase price but also reimbursement of the inspection costs.
The court found in his favour on both counts. It awarded the return of the purchase price (PLN 4,000) and PLN 150 for the technical report – as part of the loss suffered as a result of the seller’s defective performance of the contract.
The Legal Basis
The Civil Code provides that a buyer who withdraws from a contract on account of a physical defect may claim compensation for the full loss suffered as a result of that defect. The Poznań Regional Court noted that if the law allows a buyer to recover costs incurred in connection with the goods even where the seller bears no fault, then the case for reimbursement is all the stronger where the seller’s liability is clear.
The Supreme Court confirmed this principle as far back as 1975: an expert report obtained before court proceedings are initiated can be a material basis for an award of damages, and its cost constitutes a recoverable loss under Article 361 of the Civil Code. This principle remains fully applicable today.
When You Can Recover the Cost of an Expert Report
To successfully claim reimbursement of the cost of a technical inspection, several conditions must be met.
The report must relate to defects in the vehicle. You cannot recover the cost of a report commissioned for a different reason. There must be a direct connection between the defect identified and the need to have the inspection carried out.
You must have proof of payment. A receipt, invoice or payment confirmation. In the Poznań case, a till receipt for PLN 150 was sufficient – the court accepted it without question.
The seller must be liable for the defect. If the defect is not confirmed, or if it turns out the seller is not responsible for it, recovering the inspection costs becomes harder. It is therefore worth commissioning an inspection when there is a genuine and reasonable suspicion of a defect.
The claim for reimbursement must be clearly stated. In your complaint and any subsequent court claim, state explicitly that you are seeking not only a refund of the purchase price but also reimbursement of inspection costs as part of the loss you have suffered.
A Practical Point
Do not be afraid to commission inspections. The cost of a technical report – a few hundred zlotys – is a fraction of the potential loss from a defective purchase. If the report confirms a defect, its cost becomes part of your claim. If it does not, you will have established that the car is sound before spending more money on an unnecessary dispute.
Keep all the paperwork: the inspection order, the report itself and the proof of payment. These are your evidence.
A Note on Buying from a Trader
The judgment discussed 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 principle is the same: the buyer can claim compensation for loss suffered in connection with the non-conformity, which includes the cost of expert reports. The legal basis differs, but the practical outcome is the same.
Contact Us
If you have paid for a vehicle inspection in connection with a defect and are wondering how to include those costs in your claim, 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.
