Complete Guide: Your Rights in Case of Car Breakdown

Everything you need to know to defend your rights

1. Different warranties that protect you

Legal warranty of conformity
  • Duration: 2 years for new vehicles
  • Coverage: Defects present at delivery
  • Obligation: Refund or exchange
  • Proof: Seller's responsibility
Warranty against hidden defects
  • Duration: 2 years after discovery
  • Conditions: Serious and prior defect
  • Action: Cancellation or price reduction
  • Damages: If professional seller
Manufacturer warranty
  • Duration: 2 to 7 years depending on brand
  • Scope: Variable according to contract
  • Conditions: Maintenance compliance
  • Exclusions: Normal wear, negligence
Extended warranty
  • Type: Paid contractual
  • Coverage: According to general conditions
  • Deductible: Often applicable
  • Limits: Mileage, vehicle age

2. Types of compensable damages

Material damages

  • Repair costs
  • Replacement vehicle
  • Expert fees
  • Breakdown/towing fees

Economic damages

  • Professional loss
  • Alternative transport costs
  • Loss of enjoyment
  • Vehicle depreciation

Moral damages

Moral damages can be awarded in case of:

  • Extended immobilization (generally > 7 days)
  • Repeated breakdowns on recent vehicle
  • Disruption to living conditions
  • Loss of driving pleasure

3. Steps to follow

STEP 1: Immediate assessment
  • Photograph the damage
  • Note date, time, circumstances
  • Have it confirmed by a third party if possible
  • Stop using the vehicle
STEP 2: Formal notice
  • Registered letter to seller
  • Describe the problem precisely
  • Invoke applicable warranties
  • Set a response deadline
STEP 3: Expertise
  • Have it examined by a professional
  • Request a detailed report
  • Identify the cause of breakdown
  • Evaluate repair cost
STEP 4: Negotiation
  • Present your complete file
  • Precisely quantify your damages
  • Negotiate an amicable agreement
  • Stand firm on your rights

4. When to consult a lawyer?

Our advice

The sooner you consult, the better your chances. A lawyer can help you avoid many pitfalls and optimize your compensation.

Situations where a lawyer is recommended:

  • Damages exceeding €2000
  • Categorical refusal from seller/manufacturer
  • Repeated breakdowns on recent vehicle
  • Approaching end of warranty
  • Professional use of vehicle

What a lawyer can do for you:

  • Analyze the legal strength of your case
  • Precisely evaluate your damages
  • Negotiate effectively with professionals
  • Draft legal documents and letters
  • Represent you before courts

Need legal help?

Maître Cécile Zakine, lawyer for 10 years, can analyze your situation and advise you on the course of action to take.

First consultation: 30 minutes - €45
Book appointment Calculate my compensation