Best Motor Vehicle Defect Lawyers in Kalundborg

About Motor Vehicle Defect Law in Kalundborg, Denmark

Motor vehicle defect law in Kalundborg follows national Danish and EU rules that protect consumers and road users when a car, motorcycle, van, or other motor vehicle has a fault that makes it unsafe, unusable, or different from what was agreed at purchase. If a defect exists at delivery, the seller is responsible under the Danish Sale of Goods Act, and if a defect later causes injury or certain property damage, the manufacturer or importer can be liable under the Danish Product Liability Act. Safety and roadworthiness are governed by Danish road traffic rules and EU type-approval standards. Periodic inspections and recalls help keep unsafe vehicles off the road.

Kalundborg is within Region Zealand, so disputes are handled under national rules, with local practical points such as where to inspect, where to report, and which court district applies. Civil cases from Kalundborg typically fall under Retten i Holbæk, and consumer complaints can be escalated to national complaint bodies. Manufacturers and dealers are expected to cooperate with authorities on recalls and safety notices, and owners must keep vehicles roadworthy.

Why You May Need a Lawyer

People often seek legal help when a dealer or manufacturer denies a valid warranty or statutory claim, when a defect leads to an accident or personal injury, or when repair attempts drag on without a solution. A lawyer can assess whether you can require repair, replacement, a price reduction, or cancellation of the purchase, and can coordinate expert inspections and evidence. Legal guidance is also useful when a seller has gone bankrupt, if the car was bought across borders within the EU, if an insurer disputes coverage, or if a recall or software update did not solve a safety issue. Early advice helps you meet deadlines, preserve evidence, and choose the right forum for your claim.

Local Laws Overview

The Danish Sale of Goods Act applies to vehicle purchases from professional dealers. Consumers have a 2-year claims period for defects that were present at delivery. For the first 12 months, the burden of proof is reversed, which means the seller must show that a fault was not present at delivery. For used vehicles, the parties can agree to shorten the claims period to at least 1 year, but this must be agreed clearly at purchase. Buyers may demand repair or replacement within reasonable time, and may seek a price reduction or cancel the purchase if the defect is material or if remedies fail.

The Danish Product Liability Act imposes strict liability on manufacturers and certain suppliers for injuries and for damage to private property caused by a defective product. There is typically a deductible for property damage, and claims must be brought within 3 years from when you knew or ought to have known of the injury, the defect, and the responsible party, with a 10-year long-stop from when the product was put into circulation. Separate tort rules may also apply.

The Danish Road Traffic Act and related vehicle approval and inspection rules require that vehicles be roadworthy. Periodic inspection, known as periodisk syn, must be passed when due. Serious safety defects can lead to driving bans until repairs are completed. It is an offence to drive a vehicle that is unsafe, and fines or other measures can follow.

EU rules on type-approval and market surveillance, including Regulation EU 2018-858, govern recalls and safety campaigns for vehicles and parts. Danish authorities oversee that recalls are carried out, and owners are expected to have recall work completed promptly. Safety alerts may also appear through the EU Safety Gate system for dangerous products.

If a dispute cannot be solved with the seller, many consumer cases can be reviewed by the Center for Complaint Resolution and then the Consumer Complaints Board. Court cases from Kalundborg typically go to Retten i Holbæk. Legal expense insurance or membership organizations may assist with advice and representation.

Frequently Asked Questions

What counts as a motor vehicle defect

A defect is a fault that makes the vehicle different from what was agreed, reduces its value or usability, or makes it unsafe. Examples include brake failures, steering issues, airbag faults, battery or charging system defects in electric vehicles, hidden accident damage, odometer manipulation, or software problems that affect safety or performance. Normal wear and tear is not a defect.

Who can I hold responsible, the dealer or the manufacturer

For purchase defects, your primary claim is usually against the selling dealer under the Sale of Goods Act. For injuries or certain property damage caused by a defective vehicle or part, you may claim against the manufacturer or importer under the Product Liability Act. In some cases you can pursue both, depending on the facts and the loss.

How long do I have to complain about a defect

For consumer purchases from a professional dealer, you generally have 2 years from delivery to make a claim. Within the first 12 months, the seller must prove that a defect was not present at delivery. For used cars, the parties can agree to shorten the period to at least 1 year. Product liability claims must be brought within 3 years of when you knew of the injury, defect, and responsible party, and no later than 10 years after the product was put into circulation.

Do I have to accept repair attempts

Yes, usually the seller has the right to attempt repair or replacement within reasonable time and without significant inconvenience to you. If the defect is serious, repeated, or not remedied within a reasonable time, you can seek a price reduction or cancel the purchase. Always document each attempt, the symptoms, and the downtime.

What if a defect caused an accident or injury

Seek medical help and notify the police if required. Preserve the vehicle and parts for inspection, take photos, and identify witnesses. You may have claims for injury against the manufacturer or supplier under product liability, and claims for vehicle damage against the at-fault party or your own insurer. A lawyer can coordinate expert evidence and ensure the defect chain of causation is documented.

Does insurance cover my legal costs

Many home insurance policies include legal expense coverage for private disputes, and many motor insurance policies include legal assistance coverage. Coverage depends on the policy and the type of dispute. Contact your insurer early, provide the policy number, and ask for written confirmation of coverage and any limits or deductibles.

How do recalls work in Denmark

Manufacturers notify owners and dealers when a safety defect is identified. Work is usually done free of charge at an authorized workshop. Danish authorities oversee recalls, and owners should have recall work done promptly. Keep proof of recall completion. If a recall fix fails or introduces new problems, you can complain to the dealer and escalate if needed.

I bought a used car privately, do I have the same rights

Private to private sales are not covered by the consumer rules against a professional seller, so rights are more limited. You may still have remedies if the car was misrepresented or if the seller actively concealed a serious defect. It helps to have a written contract, an inspection report, and messages documenting what was promised.

What happens if my car fails periodic inspection

The report will list issues and any driving restrictions. You must repair the faults and, if required, present the vehicle for reinspection by the deadline. Serious safety defects can result in a driving ban until fixed. Failing to comply can lead to fines and may affect insurance in the event of an accident.

What if the dealer is outside Denmark

Cross-border EU purchases are common. You usually assert your consumer rights under the law of the seller’s country, but EU rules provide a common baseline. Keep all documents, and contact the European Consumer Centre Denmark for guidance. A Danish lawyer can coordinate with foreign counsel and advise on jurisdiction and enforcement.

Additional Resources

Færdselsstyrelsen - Danish Road Traffic Authority responsible for vehicle approval, inspection rules, and certain recall oversight.

Trafikstyrelsen - Danish Transport Authority with responsibilities in transport safety and market surveillance.

Motorstyrelsen - Danish Motor Vehicle Agency for registration and taxation matters.

Nævnenes Hus - Center for Complaint Resolution and the Consumer Complaints Board for consumer disputes.

Forbrugerombudsmanden - Danish Consumer Ombudsman for market practices and consumer protection guidance.

Forbruger Europa - European Consumer Centre Denmark for cross-border purchase help.

Midt og Vestsjællands Politi - regional police district covering Kalundborg for accident reports and serious safety incidents.

Kalundborg Kommune Borgerservice - local citizen service for practical vehicle matters such as registration guidance.

FDM - Forenede Danske Motorejere, a motorists association offering technical inspections and legal advice to members.

EU Safety Gate - European alert system for dangerous products including vehicles and parts.

Next Steps

Put safety first. If the defect affects steering, brakes, airbags, or other critical systems, stop driving and arrange safe transport to a workshop. In emergency situations contact the police and your insurer’s roadside assistance.

Document everything. Gather the purchase contract, service records, recall notices, inspection reports, photos, videos, diagnostic printouts, invoices, and all messages with the seller or workshop. Keep a timeline of symptoms and repair attempts.

Notify the seller or dealer in writing. Describe the defect, your requested remedy, and set a reasonable deadline for response. Confirm delivery of your message and keep copies.

Check for recalls and technical service bulletins. Ask the brand dealer to verify open campaigns by VIN and to provide written confirmation of any completed recall work.

Obtain an independent assessment. A neutral mechanic or inspection service can produce a report describing the defect, probable cause, and safety implications. This can be important evidence for settlement or a complaint board case.

Review insurance and membership benefits. Ask your insurer about legal expense coverage and claim procedures. If you are an FDM member, request legal and technical assistance.

Escalate if needed. If the seller does not resolve the issue, consider filing with the Center for Complaint Resolution and, if necessary, the Consumer Complaints Board. For high value or complex cases, consult a lawyer to evaluate court action in Retten i Holbæk.

Mind the deadlines. Consumer defect claims generally must be raised within 2 years from delivery, and product liability claims have separate 3-year and 10-year limits. Act promptly to protect your rights.

This guide provides general information, not legal advice. For personalized guidance on a motor vehicle defect in Kalundborg, consult a qualified Danish lawyer who can assess your documents, evidence, and the best path to a solution.