The Second Lap: A Follow-Up on Defective Cars and Consumer Rights

The Second Lap: A Follow-Up on Defective Cars and Consumer Rights

Last year, I wrote about consumer rights under Irish law in relation to defective vehicles. I knew the topic mattered but I didn’t expect the overwhelming response. The article has generated more queries and instructions than anything I’ve published before.

Read the original article here.

I’ve been contacted by people from all over the country. In one case a client found us through a ChatGPT search. They have all faced the same frustrating experience: a defective car and a lack of meaningful engagement from the dealership and manufacturer. 

I’ve acted in a wide range of these cases now, achieving strong results for many clients. In some instances, I’ve acted pro bono where the circumstances warranted it. Across the board, one pattern is clear and that is the fact that dealerships and manufacturers rarely take these issues seriously until the lawyers are involved.

What You Can Do as a Consumer

If you’re dealing with a defective car, here are some key steps you can take to protect your position:

1. Document Everything

Keep a detailed record of all issues with the car. Keep a note of dates, issues and any warning lights or error messages. Time stamped photos of warning lights on the dashboard are useful.

2. Put It in Writing

Send emails to the dealership or manufacturer clearly setting out your complaints. Refer to specific engine issues and include dates. Written records are crucial.

3. Keep Notes of Conversations

If you speak to someone by phone or in person, make a note of what was said, when and by whom. These notes can be invaluable later.

4. Keep Receipts

Keep receipts or a note of any additional expense that you are put to. You will be paying tax and insurance on a car that is off the road. You may be making loan repayments on the car. You may have been forced to hire a replacement car.

5. Know Your Rights

The Sale of Goods and Supply of Services Act 1980, the Consumer Protection Act 2007, and EU regulations all provide strong protections. You are entitled to a car that is of merchantable quality, fit for purpose and safe to drive.

6. Don’t Wait Too Long

If the issue isn’t being resolved, seek legal advice. In our experience, early legal intervention often leads to faster and more meaningful engagement.

Here to Help

At OSM Partners LLP, we’ve built up significant experience in this area. We understand the frustration and disruption that comes with being without a reliable car - especially when it’s essential for work or family needs. In most cases the law will be on your side and there are steps you can take. Get in touch with us if you’re facing a similar issue.



For further information please contact Raymond Lambe or your usual OSM Partners LLP contact.