Best Motor Vehicle Defect Lawyers in Aberdeen

About Motor Vehicle Defect Law in Aberdeen, United Kingdom

Motor vehicle defect cases arise when a car, motorcycle, van, trailer, or one of their components is defective and causes injury, loss, or serious safety risks. In Aberdeen, these issues are governed by United Kingdom wide consumer and product safety laws applied through the Scottish legal system. People bring claims after brake failures, steering faults, airbag malfunctions, fuel system fires, tyre defects, battery and high voltage issues in electric vehicles, software faults in driver assistance systems, or when a vehicle sold by a trader is not of satisfactory quality.

Two main legal routes are common. First is product liability, where a manufacturer or other party in the supply chain can be strictly liable for a defective product that is unsafe. Second is consumer law and contract claims against the selling dealer or finance provider when a vehicle is not of satisfactory quality, not fit for purpose, or not as described. In Scotland, personal injury law is called the law of delict, and the Sheriff Court in Aberdeen handles most local disputes. Many claims are resolved by negotiation before court using pre action protocols that encourage early exchange of information and settlement.

Why You May Need a Lawyer

A lawyer helps you identify who is legally responsible, preserve crucial evidence, and navigate strict time limits. Liability for a defect can involve multiple parties, including the manufacturer, brand importer, component supplier, selling dealer, and a finance company. Claims often require independent engineering evidence, recall and service history analysis, and complex causation arguments, particularly where an insurer alleges driver error rather than a fault.

You may need legal support if you suffered injury or a family member died, your vehicle was written off, a dealer refuses to repair or refund, a warranty claim is declined, the manufacturer disputes a safety recall, a used car shows hidden defects soon after purchase, a finance company is involved, or the alleged defect is software based. Funding and costs protection are also important. A solicitor can advise on no win no fee options, insurance cover, and risks. Early legal advice helps you protect your position by keeping the vehicle available for inspection, avoiding repairs that could destroy evidence, and meeting Scottish limitation and prescription deadlines.

Local Laws Overview

Consumer Rights Act 2015. If you bought from a trader, the vehicle must be of satisfactory quality, fit for purpose, and as described. You have a short term right to reject within 30 days for a full refund. After 30 days and within 6 months, the trader must usually repair or replace and the fault is presumed to have been present unless the trader proves otherwise. You may be entitled to a price reduction or final rejection if the issue is not fixed within a reasonable time. These rights apply in Scotland and are enforced in the Scottish courts.

Consumer Protection Act 1987. This UK wide law imposes strict liability for damage caused by a defective product. You do not have to prove negligence, only that the product was defective and caused the damage. Personal injury claims and property damage over a minimum monetary threshold can be pursued. There is a 10 year long stop from the date the product was put into circulation, in addition to shorter limitation periods for bringing a claim. You can claim against the producer, importer into the UK, own brander, or in some cases the supplier if the producer cannot be identified.

Delict negligence in Scotland. Separately from strict liability, you can claim damages if you prove a breach of duty, foreseeability of harm, and causation. This is useful where a defect does not meet the legal definition under strict liability but there was negligent manufacture, repair, or servicing.

Time limits in Scotland. Most personal injury claims must be raised within 3 years of the accident or of when you first knew you were injured and that a defect may be to blame. Contract and consumer claims generally prescribe after 5 years from when you first became aware of the loss. Product liability has a 10 year long stop regardless of knowledge. Fatal claims have separate rules running from the date of death or date of knowledge. Time limits can be complex, so do not delay seeking advice.

Finance and credit. If you purchased using a credit card or certain finance agreements, section 75 of the Consumer Credit Act 1974 can make the card provider or finance company jointly liable for breach of contract or misrepresentation between £100 and £30,000. For hire purchase and personal contract purchase, ownership and liability issues are different and the finance company is often the legal seller with responsibilities for quality and safety.

Safety recalls and reporting defects. The Driver and Vehicle Standards Agency oversees vehicle safety defects and recalls across Great Britain. Manufacturers must investigate safety issues and implement recalls where necessary. You can report defects to the authority and check if your vehicle is subject to an outstanding recall. Dealers should not sell or return a vehicle that is dangerous to drive. Aberdeen City Council Trading Standards can investigate unsafe products and trader practices within the city.

MOT and roadworthiness. Driving a vehicle with a dangerous defect is unlawful and may invalidate insurance. If an MOT records a dangerous defect, you should not drive the vehicle other than directly to a pre arranged repair appointment.

Courts and procedure. Claims can be raised in the Sheriff Court in Aberdeen. Larger or more complex personal injury claims can be raised in the All Scotland Sheriff Personal Injury Court. Pre action protocols for personal injury in Scotland encourage early disclosure of evidence and settlement discussions before court. Group proceedings are available in the Court of Session for large scale defect issues affecting many consumers.

Costs and funding. No win no fee success fee agreements are available in Scotland subject to statutory caps for personal injury. Qualified one way costs shifting generally protects injury claimants from paying the other side’s costs if the claim is unsuccessful, subject to exceptions such as fraud or unreasonable conduct. Many motor policies include legal expenses cover. After the event insurance may be available to protect against costs risks.

Evidence and experts. Preserve the vehicle and parts, do not authorize repairs or disposal until an independent engineer inspects. Keep service records, invoices, MOT history, recall notices, diagnostic reports, dashcam footage, telematics data, and photographs. Your solicitor can arrange an accredited forensic engineer to examine the vehicle and software, and to download event data where available.

Frequently Asked Questions

What counts as a motor vehicle defect?

A defect is something that makes the vehicle less safe than the public is entitled to expect. This can be a design flaw, a manufacturing error, a faulty component such as brakes or airbags, a software or calibration problem, or missing or unclear safety warnings. A single vehicle can be defective even if others of the same model are not.

Who can I hold responsible for a defective vehicle?

Depending on the facts you may claim against the manufacturer or brand, the UK importer, the component producer, the selling dealer, or a finance company. Under strict product liability you can usually sue the producer or importer. Under consumer law you typically claim against the trader who sold the vehicle, and in some cases the finance provider. Your solicitor will identify all potentially liable parties.

What are the time limits for bringing a claim in Scotland?

For personal injury the general limit is 3 years from the accident or date of knowledge. Consumer and contract claims typically prescribe after 5 years from when loss was known. Product liability has a 10 year long stop from when the product was first put into circulation. Fatal claims have separate 3 year periods running from death or knowledge. Deadlines can vary, so take advice early.

How do recalls affect my case?

An official recall supports the argument that a defect exists, but you can still claim without a recall if evidence shows the product was unsafe. If you receive a recall notice, follow it promptly for safety. A recall does not automatically bar compensation for injuries or losses caused before it was addressed.

Should I keep the vehicle if I suspect a defect?

Yes. Preserve the vehicle in its post incident state and do not authorize repairs, software updates, or disposal until an independent engineer has inspected it. Keep all parts removed by a garage. Loss of evidence can seriously undermine your case.

What if I bought a used car from a dealer in Aberdeen?

Used cars from traders must still be of satisfactory quality, taking account of age, mileage, and price. If a significant defect emerges soon after purchase, you may have a short term right to reject, or a right to repair or replacement. Within the first 6 months the defect is presumed to have been present unless the dealer proves otherwise.

What if I bought privately rather than from a trader?

Private sales give you fewer rights. The vehicle must match its description and the seller must not misrepresent or conceal known safety issues, but there is no general obligation for satisfactory quality. Product liability and negligence claims may still be available if a defect caused injury.

Can passengers or other road users claim for injuries caused by a defect?

Yes. Passengers, pedestrians, cyclists, and occupants of other vehicles can bring claims if a defect in your vehicle or another vehicle caused their injuries. The claim may be against the vehicle producer, dealer, or relevant insurer depending on the circumstances.

What losses can I recover?

You can claim for pain and suffering, lost earnings, future loss of earnings, medical and rehabilitation costs, travel and care costs, vehicle damage and hire charges, and property damage linked to the incident. Under product liability there is a minimum monetary threshold for property damage claims. Evidence such as receipts and payslips is important.

How are legal costs handled in Scotland?

Many solicitors offer no win no fee agreements for personal injury, with success fees capped by law. Qualified one way costs shifting generally protects you from paying the defender’s costs if you lose, subject to exceptions. Check for legal expenses cover on your motor policy or credit card. Your solicitor will explain funding options and any deductions from damages.

Additional Resources

Driver and Vehicle Standards Agency. The government body that regulates vehicle safety defects and manages recall investigations. You can report suspected safety defects and check recall information.

The Motor Ombudsman. An alternative dispute resolution body for new and used car sales, servicing, and warranties when the business is accredited. Useful for consumer disputes with dealers and garages.

Aberdeen City Council Trading Standards. Local enforcement team that investigates unsafe products and unfair trading practices by dealers within the city.

Citizens Advice Scotland. Independent advice on consumer rights, steps to take with a trader, and how to escalate complaints in Scotland.

Police Scotland. For reporting collisions, dangerous incidents, or where a defect has created an immediate risk to the public.

Financial Ombudsman Service. Free dispute resolution for complaints about finance agreements, hire purchase, or section 75 credit card claims relating to defective vehicles.

All Scotland Sheriff Personal Injury Court. Specialist court that hears many personal injury cases from across Scotland where appropriate.

NHS Scotland and your GP. Medical assessment and records that will be important evidence for any injury claim, rehabilitation, and ongoing care.

Next Steps

Put safety first. Stop using the vehicle if it may be dangerous. If an MOT recorded a dangerous defect, do not drive it other than to a pre arranged repair.

Preserve evidence. Keep the vehicle and all parts, take photographs, download dashcam footage, retain diagnostics and service records, and note witness details. Do not allow repairs or updates until an expert inspection can take place.

Notify the right people. Inform your insurer, the selling dealer, and the manufacturer. Report serious safety defects to the government safety authority. If a finance company owns the vehicle, notify them as well.

Check for recalls. Confirm whether your vehicle or component is subject to an outstanding recall and follow the instructions for any safety work.

Seek legal advice early. Contact a Scottish solicitor experienced in product liability and motor defect cases. Ask about time limits, funding options such as no win no fee, and costs protection. Bring your purchase documents, finance agreement, service history, MOT records, correspondence, photographs, and any medical records to your first appointment.

Consider resolution options. Your solicitor can open pre action discussions, arrange an independent engineer’s report, negotiate with manufacturers and dealers, use alternative dispute resolution, or raise proceedings in the Sheriff Court in Aberdeen or the specialist personal injury court if needed.

Act within deadlines. Scottish limitation and prescription rules are strict. Taking early action improves your prospects and helps secure the engineering and medical evidence you need.

This guide provides general information only. It is not legal advice for your specific situation. For tailored advice, speak to a qualified Scottish solicitor.