Best Motor Vehicle Defect Lawyers in Hasselt

About Motor Vehicle Defect Law in Hasselt, Belgium

Motor vehicle defect law covers situations where a car, motorcycle, van, or other motor vehicle is unsafe or does not perform as a consumer may reasonably expect because of a defect in design, manufacture, software, or warnings. In Hasselt and across Belgium, several overlapping legal frameworks can apply. These include consumer sales and warranty law for lack of conformity, strict product liability for defective products that cause personal injury or property damage, general civil liability rules for negligence or fault, and recall and product safety rules overseen by federal authorities.

People encounter these rules in practical situations such as a new car developing a serious fault shortly after delivery, a used vehicle failing because a known defect was not disclosed, a part like brakes, airbags, batteries, or software malfunctioning and causing an accident, or a manufacturer issuing a recall that is delayed or not properly handled. The applicable path depends on the facts, who sold or made the vehicle, and what losses occurred.

Belgian law offers both contractual remedies against the seller for lack of conformity and non-contractual remedies against manufacturers and others in the supply chain when a defect causes harm. Local institutions in Hasselt, including courts and technical inspection centers, play a practical role in evidence and enforcement.

Why You May Need a Lawyer

Evidence preservation can be tricky after a breakdown or crash. A lawyer can help you secure the vehicle and defective parts, involve an expert at the right time, and avoid repairs that could destroy key proof.

Multiple legal routes are possible. You may have a statutory consumer guarantee against the dealer, a strict liability claim against the manufacturer for injury or property damage, a negligence or fault claim against a garage for improper repair, and insurance coverage questions. A lawyer can select the strongest path and combine them without undermining one another.

Deadlines are strict and different. For product liability there is a three year clock from when you knew of the damage, the defect, and the maker, with a ten year long stop. For tort there is typically a five year clock from knowledge and a long stop. For consumer lack of conformity there is a two year legal guarantee period with specific rules. A lawyer ensures you act in time.

Insurers and manufacturers are experienced and often rely on technical arguments. Counsel can level the field, negotiate compensation, and, if needed, start proceedings in the appropriate Hasselt court, request a court appointed expert, or guide you through mediation or the sector ombudsman.

Serious injury and high repair costs justify professional help. Where safety is at stake or a recall may affect many vehicles, a lawyer can also coordinate with authorities.

Local Laws Overview

Consumer sales and warranty. When a consumer buys a vehicle from a professional seller, Belgian consumer law under the Code of Economic Law provides a legal guarantee of two years for lack of conformity. If the vehicle does not meet the contract or normal expectations for such a product, the consumer may request repair or replacement free of charge, and in some cases a price reduction or rescission. Belgium applies a broad presumption that a lack of conformity appearing within the first two years existed at delivery, unless incompatible with the nature of the goods or defect. The seller cannot exclude these rights in consumer contracts.

Strict product liability. Belgium implements the EU Product Liability Directive. A producer is strictly liable for damage caused by a defect in a product, including a vehicle or component, without needing to prove fault. This covers personal injury and damage to private property other than the defective product itself, subject to thresholds and exclusions. The limitation is three years from when the injured person knew or should have known of the damage, the defect, and the identity of the producer, with a ten year long stop from when the product was put into circulation.

General civil liability. Outside the strict regime, you may rely on general tort rules if a manufacturer, importer, dealer, or repairer was negligent. Belgium modernized extra contractual liability rules, with a typical five year limitation from knowledge and a long stop period, subject to specific exceptions.

Recalls and product safety. The Federal Public Service Economy and the Federal Public Service Mobility and Transport supervise product safety and vehicle recalls. Manufacturers and importers must report and remedy safety defects. Recall notices should be performed free of charge. Failure to execute a recall properly can support civil liability claims.

Technical inspection and evidence. In Flanders, GOCA Vlaanderen operates technical inspection centers. Post incident inspection reports, defect codes, and expert assessments often serve as important evidence. If litigation is likely, a judicial expert can be appointed by the court to evaluate the defect. Preserving the part, event data, and software logs is crucial.

Courts and language. Hasselt matters are typically heard in Dutch before the Limburg first instance court Hasselt division, the Justice of the Peace for small claims, or the Antwerp Enterprise Court Hasselt division for business disputes. Jurisdiction and the competent court depend on the parties, the contract, and the claim amount.

Insurance interactions. Belgian compulsory motor liability insurance compensates third party victims of road traffic accidents. Comprehensive and legal expenses insurance can cover your own losses and legal fees. Claims for vehicle defects often run alongside insurance claims.

Frequently Asked Questions

What counts as a motor vehicle defect

A defect is a condition that makes the vehicle less safe than the public is entitled to expect, or not in conformity with the contract. It can be a design issue, a manufacturing flaw, faulty software, inadequate instructions, or a repair performed below professional standards. Examples include brake failure, steering faults, battery thermal events in electric vehicles, airbag malfunctions, fuel system leaks, or critical software bugs affecting safety systems.

Who can I hold responsible

Depending on the case, you can claim against the dealer or trader under consumer lack of conformity rules, against the manufacturer or importer under strict product liability when there is injury or property damage beyond the vehicle itself, and against a garage or technician under general fault based liability for negligent repairs. Several parties may be liable at the same time.

What if the defect appears after the two year legal guarantee

You may still have options. Strict product liability and general civil liability are not limited to the warranty period, but they have their own limitation rules. If the defect caused an accident or injury, consult a lawyer promptly to assess non contractual routes. Contractual guarantees offered by the maker may also extend coverage beyond the legal minimum.

How long do I have to act

Consumer lack of conformity claims should be asserted within the two year legal guarantee period. For strict product liability, the period is three years from knowledge, with a ten year long stop from when the product was first put into circulation. For general tort claims, the period is typically five years from knowledge with a long stop period. Act quickly and keep written proof of notifications.

Should I keep driving a potentially defective vehicle

If you suspect a safety related defect, stop driving and arrange safe transport to a garage. Inform the seller or manufacturer in writing, and your insurer. Continuing to use a known defective vehicle can worsen damage, risk safety, and complicate claims.

Can I demand repair, replacement, or refund

Under consumer law, you can generally choose repair or replacement first, free of charge and within a reasonable time. If that is impossible or disproportionate, you may request a price reduction or rescission with refund. The appropriate remedy depends on the defect, timing, and feasibility. A lawyer can help frame the request and preserve your rights.

What about second hand or imported vehicles

Consumer protection applies when you buy from a professional seller, including second hand vehicles, though terms may vary for wear and tear and documented prior defects. Purchases from a private individual are not covered by the consumer legal guarantee, but you can still rely on general civil liability for hidden defects if conditions are met. Cross border purchases within the EU raise additional jurisdiction and choice of law issues that a lawyer can navigate.

Do recalls affect my rights

A recall is evidence that a safety defect exists, but it does not replace your legal remedies. Recall work should be performed free of charge. If a defect caused damage before or despite recall measures, you can still seek compensation. Keep all recall letters and service records.

What if the dealer blames my maintenance or modifications

A seller or manufacturer can argue that improper maintenance, unauthorized modifications, or misuse caused the problem. Accurate service records and expert analysis are key to countering this. Even with modifications, a defect unrelated to the changes can still lead to liability.

Will my insurance cover legal fees

Many Belgian policies include legal expenses insurance. It can fund technical expertise and lawyer fees and often lets you choose your own counsel. Check your policy for coverage, conditions, and the need to notify the insurer at the outset.

Additional Resources

Federal Public Service Economy for product safety and consumer affairs, including recalls and compliance actions. Federal Public Service Mobility and Transport for vehicle homologation and safety oversight. GOCA Vlaanderen technical inspection centers for inspection reports useful as evidence. European Consumer Centre Belgium for cross border consumer purchases. Consumer Mediation Service for alternative dispute resolution with traders. The Belgian Automotive Ombudsman for disputes with car brands and dealers. Local courts in Hasselt for formal proceedings. Your motor insurer and legal expenses insurer for coverage and claims handling.

Next Steps

Put safety first and stop using the vehicle if the defect is safety critical. Arrange secure storage so that evidence is preserved. Do not discard or repair the defective part before expert review.

Collect documents. Keep the purchase contract, order form, invoice, warranty booklet, service records, recall letters, diagnostic reports, photos or videos, dashcam footage, and any communications. Note dates, mileage, warning messages, and circumstances of any incident.

Notify the seller and, where relevant, the manufacturer in writing. State the symptoms, attach evidence, and request a concrete remedy such as repair or replacement under the legal guarantee, or compensation for losses. Keep copies and proof of receipt.

Inform your insurers. Notify your motor liability insurer if third parties are involved, your comprehensive insurer for your own damage, and your legal expenses insurer to activate coverage for expert opinions and legal assistance.

Seek legal advice early. A lawyer in Hasselt with product liability and consumer law experience can advise on the best legal basis, deadlines, and strategy. They can arrange an independent or judicial expert, open settlement discussions, or start proceedings in the competent Hasselt court if needed.

Consider alternative dispute resolution. Mediation through the Consumer Mediation Service or the Automotive Ombudsman can be faster and less costly for certain disputes with dealers or brands. If safety or serious injury is involved, court proceedings and official expert investigation may still be appropriate.

Monitor recalls and updates. If a recall is announced for your model, schedule the fix promptly and keep the documentation. Even after recall work, continue to document any recurring issues.

Act within deadlines. Limitation periods can bar claims. If you are approaching a time limit, ask your lawyer about interrupting limitation or initiating proceedings to preserve your rights.