Best Motor Vehicle Defect Lawyers in Passage West

About Motor Vehicle Defect Law in Passage West, Ireland

Motor vehicle defect law in Ireland covers problems with the design, manufacture, or sale of cars, vans, motorcycles, and their parts that make them unsafe or not fit for purpose. If a defect causes an accident, injury, property damage, or leaves you with a vehicle that does not meet legal standards, several areas of law may apply, including product liability, consumer protection, contract law, and negligence. People in Passage West typically deal with local garages or dealers in County Cork, but responsibility for a defect can extend up the supply chain to the manufacturer or importer. Claims may involve repairs, replacement, refund, or compensation for losses. Many personal injury cases must be started through PIAB - the Personal Injuries Assessment Board.

Defect cases often turn on evidence. Preserving the vehicle and parts, obtaining a qualified engineering inspection, and keeping purchase and service records are critical. Because Ireland has specific procedures and time limits, early legal advice is important to protect your position.

Why You May Need a Lawyer

You may need a solicitor when a vehicle defect has caused an accident or injury, when a dealer or manufacturer disputes a fault, or when a repair or warranty process stalls. Common situations include a brake failure leading to a collision, an airbag that does not deploy, steering or suspension failure, engine fires, software or emissions issues, or a used car that turns out to be unroadworthy soon after purchase. A lawyer can help identify who is legally responsible - seller, manufacturer, importer, finance provider, or repairer - and choose the best legal route, such as a consumer law remedy, a product liability claim, or a negligence claim.

Lawyers also manage deadlines, engage experts, preserve key evidence, communicate with insurers and PIAB, and quantify losses such as medical costs, loss of earnings, vehicle damage, hire car costs, and pain and suffering. If a settlement is offered, a solicitor can assess if it fairly compensates you under Irish law and the Personal Injuries Guidelines.

Local Laws Overview

The following legal frameworks are most relevant to motor vehicle defect issues in Passage West and across Ireland:

Liability for Defective Products Act 1991 - imposes strict liability on producers for damage caused by a defective product, including motor vehicles and parts. Claims for personal injury and certain property damage are possible, subject to time limits and a longstop period from when the product was put into circulation.

Sale of Goods and Supply of Services Act 1980 and the Consumer Rights Act 2022 - set out consumer rights when buying from a trader. Vehicles must match their description, be of merchantable quality and fit for purpose. The 2022 Act strengthens remedies such as repair, replacement, price reduction, or rescission, and includes a presumption that faults appearing within a period after delivery were present at delivery unless the trader proves otherwise. Warranties cannot reduce statutory rights.

Consumer Protection Act 2007 - prohibits misleading or aggressive commercial practices. False claims about a vehicle’s condition or history can give rise to enforcement and private law remedies.

Road Traffic and Roadworthiness laws - require vehicles to be safe and roadworthy. The National Car Test and Commercial Vehicle Roadworthiness regimes aim to identify defects. Compliance with testing does not excuse a manufacturer or seller from liability if the product is defective.

Recalls and safety regulation - vehicle recalls occur under EU and Irish safety rules. Manufacturers and national authorities can coordinate recalls if a safety defect is identified. Recalls do not remove your right to compensation if you have suffered loss.

Time limits - personal injury claims generally must start within two years of the date of knowledge, and the PIAB application is usually required to stop time. Contract and consumer claims often have longer limits, while strict product liability claims have a separate, shorter time limit and a longstop. Getting advice early helps you choose the correct route and protect all deadlines.

Courts and venues - claims arising in Passage West may be brought in the District Court, Circuit Court, or High Court depending on the claim type and value. Many personal injury claims settle within or after the PIAB process, without a full court hearing.

Frequently Asked Questions

What counts as a motor vehicle defect?

A defect is a problem in design, manufacture, or warnings that makes the vehicle less safe than people are entitled to expect. Examples include faulty brakes, steering or suspension failures, airbag or seatbelt malfunctions, electrical fires, fuel system leaks, tyre defects, autonomous or driver assist software faults, and misleading or absent safety instructions.

Who can I claim against for a defect?

Depending on the facts, you may claim against the selling dealer, the manufacturer, the importer or distributor, a component supplier, or a repairer whose workmanship was negligent. If the vehicle was financed, some consumer remedies may also involve the finance company. A solicitor will help identify the correct defendants and legal basis for the claim.

Do I have to go through PIAB?

Most personal injury claims in Ireland start with an application to PIAB, including many product defect injuries. PIAB assesses claims on paper and may issue an assessment of damages. You are not required to accept the assessment. If PIAB declines to assess, or if either side rejects the assessment, you can proceed to court. Property damage only or pure consumer disputes typically do not go through PIAB.

How long do I have to bring a claim?

Time limits depend on the claim. Personal injury claims generally have a two year limit, measured from when you knew or should have known about the injury and its cause, and lodging with PIAB usually stops time. Contract and consumer law claims often have longer limits. Strict product liability has a separate time limit and a longstop period after the product entered circulation. Get advice promptly to avoid missing a deadline.

What can I recover if a defect caused an accident?

You can typically seek compensation for pain and suffering, medical and rehabilitation costs, loss of earnings, care and travel costs, vehicle repair or replacement, and other reasonably incurred losses. The Personal Injuries Guidelines help courts and insurers assess general damages. You must prove the losses and that the defect caused them.

I bought a used car from a dealer and it failed soon after. What are my rights?

If you bought from a trader, the vehicle must be of merchantable quality, fit for purpose, and as described. You may be entitled to a repair or replacement within a reasonable time, or a price reduction or rescission if a fix is not possible or is unreasonably delayed. Consumer rights apply regardless of any warranty terms. Keep records and notify the dealer in writing promptly.

What if I bought privately?

Private sales offer fewer protections. The seller must have the right to sell and must not misrepresent the vehicle, but consumer statutory quality protections generally do not apply to private sellers. You may still have a claim if there was fraud or misrepresentation, or against a manufacturer under strict product liability for injury or qualifying property damage caused by a defect.

Will a recall affect my claim?

A recall is evidence that a safety risk was identified, but it does not automatically prove or defeat your individual claim. If you suffered loss because of the defect, you may still recover compensation. If you receive a recall notice, follow it promptly for safety reasons, and keep copies for your records.

Should I let the dealer or manufacturer repair the car?

Repairs are often appropriate and are a normal consumer remedy, but you should preserve evidence first. Photograph the fault, keep failed parts, and consider an independent engineering inspection before any major repair. If safety is in doubt, do not drive the vehicle. Agree in writing on the scope of the repair and whether it affects your rights.

What evidence should I gather?

Keep the purchase agreement, finance paperwork, service history, NCT records, recall notices, warranty terms, and all correspondence. Take clear photos and videos of the defect and any damage. Preserve the vehicle and failed parts in their post-incident condition, if safe to do so. Obtain a qualified engineer’s report. Keep receipts for all expenses such as towing, diagnostics, repairs, medical treatment, and alternative transport.

Additional Resources

Road Safety Authority - information on roadworthiness, NCT, and safety standards relevant to vehicle defects.

Competition and Consumer Protection Commission - guidance on consumer rights, unfair practices, and product safety recalls.

National Standards Authority of Ireland - vehicle and components type approval and standards information.

Personal Injuries Assessment Board - statutory body for assessing most personal injury claims at the outset.

Citizens Information - plain language guides on consumer rights, PIAB, and court processes.

Law Society of Ireland - find a solicitor with experience in product liability or personal injuries in County Cork.

Society of the Irish Motor Industry - dealer code of practice and consumer complaint avenues for members.

Courts Service of Ireland - information on court venues in Cork and civil procedures.

Next Steps

Prioritise safety. If the vehicle may be unsafe, stop using it and arrange secure storage or towing. Seek medical care if anyone is injured.

Preserve evidence. Do not discard parts or authorise destructive repairs until an independent inspection is completed. Photograph everything and keep a timeline of events.

Notify the dealer and manufacturer in writing. Describe the defect, when it appeared, and what happened. Ask for their proposed remedy and a timeline. Keep all responses.

Arrange an independent engineering inspection. A qualified automotive engineer’s report can be decisive in defect disputes and PIAB or court proceedings.

Check insurance and warranties. Notify your motor insurer if there was an accident. Legal expenses cover, if you have it, may help with solicitor costs. Warranty processes should not limit your statutory rights.

Mind the deadlines. If there are injuries, consider a prompt PIAB application to stop time. A solicitor can advise on the correct limitation period for each aspect of your case.

Consult a local solicitor. Choose one experienced in product liability and motor claims in County Cork. Bring all documents, photos, and your engineer’s report. Ask about funding options and the likely pathway - consumer remedy, PIAB, negotiation, or court.

Keep records and communicate clearly. Confirm conversations in writing, track expenses, and follow professional advice. Many cases resolve through negotiation once liability and loss are properly documented.

This guide is for general information. It is not legal advice. For advice on your specific circumstances in Passage West, consult a qualified Irish solicitor.