Best Motor Vehicle Defect Lawyers in Dornach

About Motor Vehicle Defect Law in Dornach, Switzerland

Motor vehicle defect law in Dornach is shaped by Swiss federal laws and enforced locally by Solothurn cantonal authorities. A motor vehicle defect is a technical or safety issue in a car, motorcycle, or light commercial vehicle that makes it unsafe, nonconforming, or unfit for its expected use. Claims can arise from contract law when you bought the vehicle from a dealer or a private seller, from product liability law against the manufacturer or importer if a safety defect caused damage, and from administrative traffic law when a vehicle is not roadworthy. Switzerland relies on the Swiss Code of Obligations for sales and warranty matters, the Product Liability Act for safety defects causing injury or property damage, and the Road Traffic Act with its technical regulations for roadworthiness. In Dornach, inspections, registrations, and administrative measures are managed by the Solothurn Strassenverkehrsamt. Recalls and market surveillance are handled at the federal level, primarily by the Federal Roads Office.

Why You May Need a Lawyer

You may need a lawyer if a defect led to an accident or injury and you need to assess claims against a dealer, manufacturer, importer, or an insurer. Legal help is also valuable if a dealer refuses to repair or take back a car with serious defects, if your warranty period or notification deadlines are disputed, or if you bought a used car with hidden defects. A lawyer can coordinate expert inspections, preserve evidence, and navigate fault allocation between drivers, owners, manufacturers, and garages. Legal guidance is particularly important when dealing with cross-border purchases, leased vehicles, or complex insurance subrogation issues. If the Strassenverkehrsamt orders repairs, suspends registration, or requires a fresh inspection, counsel can help you understand your rights and obligations. Where settlement talks fail, a lawyer can represent you in conciliation and court proceedings in the Canton of Solothurn.

Local Laws Overview

Sales and warranty under the Swiss Code of Obligations. When you buy a vehicle, the seller is generally responsible for defects that existed at the time of delivery. Buyers should examine the vehicle as soon as possible and notify the seller of defects without delay once discovered. The standard limitation period for defect claims on movable goods is two years from delivery. For used vehicles, contracts sometimes shorten the period, and in some settings warranties may be limited or excluded within legal boundaries. Remedies include repair if agreed, price reduction, or rescission of the contract for serious defects. Fraudulent concealment by the seller cannot be contractually excluded.

Product liability for safety defects. The Swiss Product Liability Act imposes strict liability on manufacturers and importers for damage caused by a safety defect. This covers personal injury and damage to privately used property, subject to a deductible threshold. Pure economic loss is not covered by this statute. The relative limitation is three years from the date you knew of the damage, the defect, and the liable party, with a long stop of ten years from when the product was placed on the market. Contractual exclusions of product liability are not valid.

Roadworthiness and administrative rules. Under the Road Traffic Act and the Ordinance on Technical Requirements for Road Vehicles, the holder of a vehicle must keep it in safe condition. Periodic inspections are carried out by the Solothurn Strassenverkehrsamt. If a serious defect is found, the authority can require repairs, order a reinspection, or suspend the registration until the vehicle is safe again. Driving an unsafe vehicle can lead to fines or other measures. After accidents, the cantonal police document facts that can become key evidence.

Recalls and market surveillance. The Federal Roads Office oversees type approvals and can coordinate or require recall measures if a vehicle model or component poses a safety risk. Dealers and importers must inform owners of recalls and carry out corrective work at no cost to the owner. Keeping recall letters and service records helps prove compliance and can support later claims.

Insurance intersections. Motor liability insurance is mandatory in Switzerland and may cover damage to third parties even if a defect contributed to an accident. Comprehensive and partial comprehensive policies address your own vehicle damage depending on terms. Insurers may seek recourse against responsible manufacturers, garages, or sellers. Policyholders must cooperate with investigations and preserve evidence.

Procedural framework in Solothurn. Most civil disputes start with a conciliation proceeding before the competent authority. A simplified procedure applies to claims up to a statutory threshold, which can help control costs. Courts in the Canton of Solothurn handle contractual and tort claims. Legal aid may be available if you lack resources and your case has prospects of success. Technical expert opinions are often decisive in defect cases.

Frequently Asked Questions

What counts as a motor vehicle defect?

A defect is any deviation from the condition you could reasonably expect at delivery or a safety shortcoming that makes the vehicle dangerous or unfit for normal use. Examples include faulty brakes, steering or airbag malfunctions, engine or battery failures causing loss of power, and structural rust on critical components.

Should I stop driving if I suspect a defect?

Yes if there is any safety risk. Continuing to drive can endanger you and others and may undermine insurance or legal claims. Document the problem, arrange towing if needed, and have a qualified garage diagnose the issue.

Who can I claim against, the dealer or the manufacturer?

For contractual warranty claims you usually proceed against the seller or leasing provider. For safety defect damage to persons or private property you may have a separate product liability claim against the manufacturer or importer. In many cases both avenues can be pursued in parallel depending on facts and deadlines.

What are the key deadlines I should know?

Notify the seller promptly after discovering a defect. For sales warranty, the general limitation is two years from delivery for movable goods, with possible contractual variation for used vehicles. Product liability claims have a three year period from knowledge and a ten year long stop from market entry. Different insurance notice deadlines may also apply under your policy.

What if I bought a used car from a private seller?

Private sales often include clauses that limit or exclude warranty within legal limits. However, a seller cannot rely on such a clause if they fraudulently concealed defects. Hidden defects discovered later should be reported to the seller as soon as you notice them. An expert report can help establish preexisting issues.

How do recalls work in Switzerland?

Recalls are coordinated with the Federal Roads Office and carried out by importers and dealers. Owners are notified and corrective measures are performed free of charge. Keep all recall notices and workshop invoices. If a recalled defect caused damage before the fix, you should explore compensation claims.

Will my insurance cover damage caused by a defect?

Third party liability insurance covers damage you cause to others, even if a defect contributed, subject to policy terms. Your own damage may be covered if you have comprehensive coverage. Insurers may investigate and pursue recovery against responsible manufacturers or garages. Prompt notice and cooperation are essential.

What evidence should I collect?

Keep purchase contracts, service records, recall letters, photos or videos of the defect, diagnostic printouts, invoices, and any police or accident reports. Preserve failed parts if safe to do so. Avoid authorizing destructive repairs before an independent inspection when litigation is likely.

How are expert opinions handled?

Courts often rely on neutral technical experts. Parties can also commission private reports. Costs may be advanced by the requesting party and can be recoverable if you prevail. Choose experts familiar with the specific brand and system involved.

Can I get a refund or a replacement vehicle?

Possible remedies depend on the contract and severity of the defect. Options typically include repair, price reduction, or rescission for significant defects. Some sellers or manufacturers may offer goodwill solutions. Legal evaluation is needed to select the best remedy within applicable deadlines.

Additional Resources

Strassenverkehrsamt Kanton Solothurn. The cantonal authority for vehicle registration, inspections, and administrative measures related to roadworthiness and defects.

Bundesamt für Strassen ASTRA. The federal authority for type approval, recalls, and automotive market surveillance in Switzerland.

Kantonspolizei Solothurn. For accident reporting and on scene documentation when a suspected defect contributes to a crash.

Stiftung für Konsumentenschutz SKS. Consumer protection organization offering practical guidance on buying vehicles, warranties, and handling disputes.

Touring Club Schweiz TCS. Technical advice, testing resources, and assistance services that can help document and address vehicle defects.

Ombudsman of Private Insurance and of Suva. Independent body that can assist with disputes involving private insurers.

Conciliation authority in the Canton of Solothurn. The venue for mandatory initial mediation in many civil disputes, including vehicle defect claims.

Next Steps

Stop using the vehicle if the defect poses a safety risk. Record details of the problem, dates, warning messages, and any incidents. Keep failed components and do not authorize disposal until you have legal advice.

Notify the seller or dealer in writing, describe the defect, request a remedy, and set a reasonable deadline. If a recall exists, arrange the recall work as soon as possible and keep the documentation.

Inform your insurer promptly if there is accident damage or potential claims. Ask about coverage, approved repairers, and any requirements for inspections.

Arrange an independent technical assessment if the cause or severity is disputed. Choose a qualified expert and request a written report with photos and diagnostic data.

Consult a lawyer familiar with motor vehicle defect, product liability, and insurance law in the Canton of Solothurn. Bring your purchase contract, correspondence, service history, expert reports, and insurance policy.

If negotiation fails, your lawyer can file for conciliation in Solothurn and, if necessary, bring a claim in court within the relevant limitation periods. Ask about costs, potential legal aid, and litigation strategy before proceeding.

This guide provides general information. For personalized advice based on your situation in Dornach, speak with a qualified Swiss lawyer.