Car manufacturing defect: what to do and who to contact in case of a defective car out of warranty or with a warranty still in progress. How to get damage compensation, a replacement car or vehicle replacement.
In the event of a production defect, it is possible to use different ways, first of all there is the guarantee. Not everyone knows that there are two types of guarantees , one legal and one conventional.
Defect of car manufacturing under warranty: what to do
In practice, the legal guarantee allows you to obtain the repair or replacement of the car. It has a duration of two years and can only be applied if the driver reports the defect within 60 days of its finding. In this case we speak of a guarantee of conformity: the reseller, in fact, has the duty to deliver to the buyer a certificate of conformity which will be valid in the event that defects not mentioned in the same certificate are found.
Production guarantee
The car manufacturer’s warranty typically ranges from two to five years. There are also long-life warranties that cover only some components or the entire vehicle up to 7 years from the date of purchase. The manufacturer’s warranty can cover the repair of any manufacturing defect.
Auto manufacturing defect: repair or replacement
Within the first two years of the vehicle’s life, the consumer is highly protected as he can enjoy a double guarantee. In case of purchase of a new faulty car , the Consumer Code provides, with article 130, that the seller is responsible for any lack of conformity. Within 60 days from the finding of the problem, the consumer will have to report the defect to the seller and will have the right to have the car repaired (therefore repaired at no cost) or replaced and, if not possible, to an adequate reduction in the price. purchase (partial refund).
In theory, the consumer should choose between repairing, replacing or reducing the purchase cost of the car, however, the choice depends on the severity of the defect in question.
When can a car replacement be requested?
According to paragraph 3 of the aforementioned art. 130, the Consumer Code states that the motorist:
“He may request, at his choice, the seller to repair the good or replace it, free of charge in both cases, unless the requested remedy is objectively impossible or excessively burdensome different from the other “.
After two years from the purchase of the car, you can always rely on the manufacturer’s warranty, in this case the manufacturer will repair it free of charge but not replace the vehicle.
While in theory it all sounds very reassuring , the consumer will be faced with a harsher reality: if the car is often forced by the mechanic due to manufacturing defects, the seller should provide a replacement car but that’s not always so obvious. In order to assert one’s rights, in these cases, it is not uncommon to be forced to contact a lawyer.
If the defect (or manufacturing defect) is proven, the consumer can take advantage of the protection of the courts. On November 17, 2015, the Court of Palermo sentenced a car dealership to replace a car that enjoyed a legal guarantee , not only did the judge order the replacement of the car with an identical model but also compensation for damages as the consumer was often forced to stay without a vehicle because this was the subject of continuous mechanical repairs. The dealership had to replace the vehicle, provide damages to the consumer and also bear the legal costs due to continuous breakdowns and pre-existing defects on the vehicle which therefore did not comply with the sales contract.
Defect of car production out of warranty
But what if the car warranty has expired? In this case the dealer washes his hands and the only one who can answer is the manufacturer but only in certain circumstances.
When the warranty of a car has expired, the parent company assumes no responsibility and, to obtain justice, the consumer will have to prove that the defect in the car is related to a problem of the manufacturer. The parent company, in fact, for cars out of warranty, assumes that any problem has arisen due to incorrect conduct or lack of maintenance by the motorist. Once the manufacturing defect has been proven – thanks to a mechanical expert – the car manufacturer will be able to respond with free repairs or compensation for damages up to 10 years. Therefore, even a car out of warranty can obtain the repair or replacement of ” defective components” free of charge in the event of a manufacturing defect..
