Best Motor Vehicle Defect Lawyers in Hasselt

About Motor Vehicle Defect Law in Hasselt, Belgium

Motor vehicle defect law in Belgium protects buyers and road users when a car, van, motorcycle, or component is unsafe or not as promised. If you live in or around Hasselt, your rights arise from a mix of Belgian consumer law, the Civil Code on hidden defects, strict product liability rules for defective products, and European Union vehicle safety and recall rules enforced in Belgium. Depending on what happened, you may have claims against the seller, the importer, or the manufacturer. Typical issues include serious safety faults, repeated mechanical failures, false mileage, non-conforming features, and delayed or improper recall repairs.

There are three main legal paths. First, consumer sales law gives you a legal guarantee when you buy from a professional dealer. Second, the Civil Code offers a warranty against hidden defects, especially relevant for private sales and some business to business transactions. Third, strict product liability applies if a defective vehicle or part causes injury or property damage. Belgian authorities also supervise type-approval and recall obligations so that unsafe vehicles are remedied quickly.

Why You May Need a Lawyer

Many motor vehicle defect problems can be resolved directly with the dealer or manufacturer. You may need a lawyer if any of the following applies:

- You suffered injury or significant property damage due to a suspected defect such as brake failure, airbag malfunction, steering issues, battery fires, or tire blowouts.

- The dealer refuses to repair, replace, or refund despite a valid legal guarantee, or insists on charging you for repairs that should be free under the guarantee.

- The defect persists after multiple repair attempts, or the vehicle is unusable for long periods.

- There is a dispute over whether the problem is wear and tear or a non-conformity present at delivery.

- You suspect odometer fraud or misrepresentation about accident history or features.

- A recall repair is delayed, parts are not available, or the fix fails to cure the safety risk.

- The parties disagree about technical causation and you need an independent expert or a court-appointed expert.

- You need to stop the running of limitation periods or secure evidence quickly.

- There are multiple victims and a coordinated strategy or a group action may be appropriate.

Local Laws Overview

- Legal guarantee for consumer sales: When you buy from a professional seller, Belgian law gives you a minimum 2-year legal guarantee for lack of conformity. For second-hand vehicles, the parties may agree to reduce this to not less than 1 year. If a defect appears within the guarantee period, remedies are repair or replacement free of charge within a reasonable time. If those are impossible or disproportionate, you may seek a price reduction or termination of the contract with refund.

- Burden of proof: For consumer sales, a defect that appears within the guarantee period is presumed to have existed at delivery, unless the seller proves otherwise. This helps consumers when complex technical issues arise. Timely written notice is important. Notify the seller as soon as you discover a problem and keep records.

- Costs under the legal guarantee: The seller must cover necessary costs of bringing the vehicle into conformity, including parts, labor, and transport or shipping if relevant. Courtesy cars are a commercial policy issue and are not automatically guaranteed by law unless agreed.

- Hidden defects warranty: The Civil Code protects buyers against hidden defects that make the car unfit for its intended use or that significantly reduce its usefulness. This applies notably to private sales. You must act within a short time after discovery and be able to prove the hidden nature and seriousness of the defect. In consumer sales, professional sellers cannot exclude mandatory consumer protections.

- Strict product liability: If a defective vehicle or component causes injury or damage to other property intended for private use, the producer can be strictly liable without needing to prove fault. There is typically a 500 euro deductible for property damage under this regime. Time limits are strict: usually 3 years from when you knew, or should have known, of the damage, the defect, and the producer, with a long-stop period of 10 years from when the product was put into circulation.

- Recalls and safety: EU type-approval rules require manufacturers to report safety defects and conduct recalls. In Belgium, the Federal Public Service Mobility and Transport oversees vehicle type-approval and recalls. The Federal Public Service Economy oversees general product safety and consumer protection. You can ask a dealer to check your VIN for open recalls. Recall repairs should be performed free of charge.

- Car-Pass for used vehicles: For used car sales in Belgium, the seller must provide a Car-Pass showing mileage history. Missing or manipulated mileage can lead to penalties and may allow annulment or damages.

- Technical inspection: Vehicles must meet roadworthiness standards. A recent inspection does not eliminate seller liability for defects that affect conformity or safety.

- Courts in the Hasselt area: Smaller consumer claims can go to the Justice of the Peace. Larger civil claims go to the Court of First Instance. Urgent technical disputes often involve a court-appointed expert. Alternative dispute resolution is encouraged, including sectoral ombuds services where available.

- Legal expenses insurance: Many Belgian auto policies include legal protection coverage. This can fund expert reports, negotiations, and litigation, and usually allows free choice of lawyer once a dispute arises.

Frequently Asked Questions

What counts as a vehicle defect under Belgian law

A defect is any problem that makes the vehicle unsafe or not as a consumer can reasonably expect. Examples include dysfunctional airbags, brake or steering failures, faulty batteries in electric vehicles, recurring engine defects, defective software, or misleading features. For consumer sales, a lack of conformity includes differences from the contract, advertising, or normal performance standards.

Who should I claim against - dealer or manufacturer

For lack of conformity in a consumer sale, your first claim is against the seller. For injuries or damage caused by an unsafe product, strict liability claims target the producer or importer. In practice, you may pursue both paths, depending on the facts. A lawyer can map the most effective route.

How long is the legal guarantee for cars in Belgium

At least 2 years from delivery when you buy from a professional seller. For used vehicles, the period can be reduced by agreement to not less than 1 year. Contractual or commercial warranties can add rights, but they cannot limit the legal guarantee.

What if the defect appears after the guarantee period

You may still have options. The Civil Code hidden defects warranty might apply, especially for serious latent issues discovered later. You must act promptly after discovery and prove the hidden defect. Strict product liability may also apply if the defect caused injury or property damage within the applicable time limits.

What evidence should I gather to support my claim

Keep purchase documents, warranty booklets, service records, recall notices, emails and letters, invoices, photos and videos, diagnostic reports, and expert opinions. Record dates, symptoms, and dashboard warnings. Do not discard or alter defective parts. Ask the dealer to describe faults in writing on work orders.

Can the dealer charge diagnostic fees during the legal guarantee

If the problem is a lack of conformity covered by the legal guarantee, necessary costs to bring the car into conformity - including diagnostics - should be free. If the problem is unrelated to conformity, or no defect is found, a dealer may seek payment. Always ask for a written estimate and legal basis.

What are the time limits to bring a claim

For consumer sales, assert your rights within the guarantee period and inform the seller without undue delay after discovering the defect. For hidden defects, act quickly after discovery. For strict product liability, the general rule is 3 years from when you knew of the damage, the defect, and the producer, with a 10-year long-stop. Specific facts can alter deadlines, so seek legal advice early.

What if my vehicle is subject to a safety recall

Contact an authorized dealer and book the recall repair as soon as possible. Recall remedies should be free. If parts are delayed or the fix fails, document everything and escalate to the manufacturer, the dealer head office, or relevant authorities. Continue to prioritize safety and follow any manufacturer guidance.

Do I have rights if I bought from a private seller

Consumer protection rules on legal guarantees apply only when buying from a professional seller. For private sales, you may rely on the hidden defects warranty. Sellers may try to exclude that warranty, but they remain liable if they knew of a serious defect and failed to disclose it. Evidence is key.

Can I return the car and get a refund

Termination with refund is possible when repair or replacement is impossible or disproportionate, or when the defect is serious and persists after reasonable attempts to repair. In hidden defect cases, you can seek rescission or a price reduction depending on the severity. Courts look at the defect, repair history, and impact on use and safety.

Additional Resources

- Federal Public Service Mobility and Transport - vehicle type-approval, recalls, and vehicle registration services.

- Federal Public Service Economy - consumer protection rules, market surveillance, and guidance on legal guarantees.

- Consumer Mediation Service - national body for consumer-business dispute resolution.

- Ombudsauto - sectoral ombuds service for disputes with participating automotive businesses.

- Car-Pass - official mileage history service required for used vehicle sales in Belgium.

- Safety Gate alerts - EU alerts on dangerous products, including vehicles and components.

- Test-Aankoop or Test-Achats - consumer organization that offers information and may coordinate actions in widespread defect cases.

- Balie Limburg and the Bureau for Legal Aid Limburg - contact points for finding a lawyer and accessing pro bono or reduced-fee legal assistance.

Next Steps

- Prioritize safety. If the issue affects safe operation, stop driving and arrange safe transport to a dealer.

- Check for recalls. Ask a dealer to check your VIN and confirm whether a recall or service campaign applies.

- Notify the seller in writing. Describe the defect, attach evidence, request a remedy under the legal guarantee, and set a reasonable deadline.

- Keep records. Save all correspondence, invoices, and repair orders. Photograph defects and dashboard warnings.

- Seek an expert opinion. If the defect is disputed, consider an independent expert. In urgent cases, a court-appointed expert can be requested.

- Use dispute resolution. Try sectoral or national mediation services if negotiations stall, especially for clear warranty disputes.

- Check legal expenses insurance. Your auto policy may fund your legal strategy and let you choose your lawyer.

- Mind the time limits. Do not let guarantee periods or limitation periods expire. Early legal advice helps protect your rights.

- Consult a Hasselt-based lawyer. A local lawyer can assess the best legal route, draft notices, engage experts, and represent you before the competent court in Limburg.

This guide is informational and not a substitute for tailored legal advice. If you believe you have a motor vehicle defect case in Hasselt, speak with a qualified lawyer promptly.