Complain when the car workshop has made a mistake
Reklamera när bilverkstaden gjort fel - Engelska
Is the work performed by the workshop incorrect or not well done? Maybe it did not turn out as you agreed? Or are you wondering if you can get compensation because of the mistake? We guide you when you think the car workshop has made a mistake.
Translated page: This text has been translated from Swedish. The text and appearance of the page may look different from the original page.
When can you complain to the workshop according to the Consumer Services Act?
According to the Consumer Services Act, you can complain to the workshop if:
you complain about the error within 2 months from when you discovered the error
the result does not correspond to what you agreed upon
the repairer has not advised you against a service that you have not benefited from
the work is not professionally executed, for example, if the work is sloppy or if there are deficiencies.
What does professionally executed mean?
Professionally executed work means that the result should meet the expectations of a professional. For example, you should be able to assume that the company follows industry guidelines and recommendations.
How to complain about the fault
When you discover faults or deficiencies, it is important to document them. You need to be able to show the workshop what you think is wrong, and the documentation will be important if you and the workshop do not agree. Therefore, remember to save all the evidence.
How to document
You can document the fault by, for example, taking pictures or filming. The quality needs to be good enough for the fault to be clearly visible. Sometimes you may need to take several pictures to show the fault properly.
If you cannot document the fault
Some faults can be difficult to show with pictures, for example. If there is no good way to document the fault, you can describe the fault when you contact the workshop to complain.
In some cases, you may need help to get an expert opinion on the fault
If it is not possible to show the fault through pictures or similar, or if you are unsure whether the service is faulty, you may need help from someone knowledgeable in the field to assess the work. This could be another, independent workshop. But always start by contacting the workshop that performed the work to complain about the faults.
Find out your rights
According to the law, you have the right to complain about faults you discover within three years from when the work was performed.
Complain as soon as you discover the fault
When you discover a fault that you believe is due to the workshop's work, you must complain to the workshop as soon as possible. Complaining within two months from when you discovered the fault is always considered to be within the correct time. However, it is best to contact the workshop directly.
You need to be able to show that there is a fault and that the fault is due to the workshop's work.
Guarantees
Some workshops provide guarantees that mean faults discovered within the guarantee period are considered the workshop's responsibility to fix.
There is an agreement between the Swedish Consumer Agency, the National Association for the Motor Trade (MRF), and the industry association Swedish Vehicle Industry. The agreement states that all workshops affiliated with MRF or the Swedish Vehicle Industry must provide a 12-month guarantee. However, the guarantee ceases to apply if you drive the car more than 10,000 kilometres before 12 months have passed.
Primarily: that the fault is fixed
If the car workshop has made a mistake, you can primarily demand that they correct the fault. The workshop should cover all costs to fix the fault, such as spare parts and labor. They should fix the fault within a reasonable time.
Can you turn to another workshop?
Even if you prefer to turn to another company, the workshop usually has the right to try to fix the fault. Being dissatisfied or having lost trust is usually not enough. If it is obvious that the workshop does not have the right competence to fix the fault, you can argue for a price reduction or to cancel the agreement.
If you have no way to proceed because the car is broken, you have the right to turn to another workshop. But you should always try to contact the workshop that performed the work to ask for advice on what to do.
Secondly: that you get a price reduction
If the company cannot fix the fault, a price reduction may be relevant. The price reduction should correspond to the fault, for example, what it costs to have the fault fixed by another workshop.
Thirdly: that you can cancel the agreement
If the fault is significant and serious, you may have the right to cancel the agreement. Cancelling the agreement means that the work is stopped. You are not obliged to pay for the work, and the workshop is not obliged to complete the work.
In some situations, only part of the agreement can be cancelled, for example, if you benefit from the work that has been done. Then you may need to pay the workshop for the work you benefit from.
If the workshop has not advised against unbeneficial repairs
The workshop is obliged to advise you against repairing the fault if it is of no benefit to you. For example, if it would cost you as much to repair the car as to buy a new one.
If the workshop has not advised against an unbeneficial repair, you generally should not have to pay more than the diagnostic cost.
The service being faulty should not incur any extra costs for you. The workshop should cover the cost of fixing the fault and any additional costs. Examples of this can be:
- costs for having to drive to the workshop
- towing costs
- costs for alternative transport, such as bus or train
- loss of income, for example, if you have to take time off work to pick up the car
- re-inspection cost or diagnostic fee.
You must be able to prove your costs
You cannot claim compensation for the inconvenience or the time you spend complaining about the fault. To receive compensation, you need to be able to show evidence of the costs you have incurred, such as receipts, invoices, or other certificates. The costs must be reasonable and directly related to the fault. If you want compensation for loss of income, you need to be able to substantiate it with, for example, a certificate from your employer.
You cannot claim compensation for the inconvenience or the time you spend complaining about the fault.
According to the law, the workshop should fix the fault within a reasonable time. What constitutes a reasonable time is assessed on a case-by-case basis. It depends, among other things, on the type of fault and your need to have it fixed.
In some cases, the repair must be done quickly to prevent the fault from worsening or causing other damage. It can also be about the fault having a significant impact on you if you need the car in your daily life.
In other cases, it may be less urgent to fix the fault. For example, it might be acceptable to wait to fix a substandard paint job.
If there are faults in the work, you have the legal right to withhold part or all of the payment. This acts as leverage against the company and provides security for you.
How much of the payment you can withhold
The payment you withhold should correspond to the fault. Essentially, this means you can withhold an amount that covers the cost of turning to another company to fix the fault.
When you have claims for compensation
If you have incurred costs due to the fault, you have the right to withhold as much of the payment as corresponds to your claim for compensation. For example, costs for having to travel back and forth, alternative transport while the car is at the workshop, or if the workshop, in addition to performing the service incorrectly, has also damaged something else on your car.
Claims for damages caused by the company
If the company has caused damage to your car but performed the service correctly, you cannot withhold the corresponding amount on the invoice for the service. The compensation claims you have for the damages must then be made as separate claims to the company.
Contact the workshop and state your demands
Contact the workshop that performed the work as soon as possible when you discover faults and state your demands.
If you withhold payment
Are you going to withhold payment? Then you should also notify the company in writing. Inform them that you are withholding payment, how much, and why. For example, you can send an email.
It is good to have written documentation showing that you have complained to the workshop. You can send an SMS or email. You can also attach evidence showing the fault, such as pictures. If you call, it can be helpful to summarize what you discussed after the call and send it in an email to the company.
Claims for compensation
If you have claims for compensation for extra costs or damages, write down which costs you want the company to compensate and why.
What to do if the workshop does not fix the fault
When the workshop disputes that the fault is due to their work, there are several steps you may need to take.
You need to be able to show that the fault is due to the workshop's work
To make any claims against the workshop, you must demonstrate that the fault is a result of their work. If you cannot show the fault yourself through pictures or similar, you may need to get help from an expert in the field to assess the work, such as an independent workshop. Make sure to get written documentation of all examinations and keep it as evidence.
Save the receipt if you hire another company to conduct a fault investigation. If the investigation reveals that the fault is due to the workshop's work, you can request compensation for the investigation and any other expenses incurred as a result of the fault
Try contacting the workshop again
If you believe you can prove that the workshop made a mistake, you can try contacting the workshop again. If you have documentation that proves the fault, you can send a copy to the workshop. Remember to contact them in writing, for example via email or SMS.
The workshop should fix the fault within a reasonable time. What constitutes a reasonable time is assessed on a case-by-case basis. It depends, among other things, on the type of fault and your need to have it fixed. In some cases, the repair must be done quickly to prevent the fault from worsening or causing damage. It can also be about the fault having a significant impact on your daily life, for example, if you have a great need for a car.
The possibility to turn to another workshop
If the workshop does not fix the fault within a reasonable time, you can consider turning to another workshop to fix the fault.
Contact the workshop in writing, for example via email or SMS. Explain that you need to turn to another company if the workshop cannot fix the fault soon. At the same time, you can inform them that you will demand compensation for the cost of taking the car to another workshop.
Remember that you always have to pay the new workshop. You can later claim compensation from the first workshop.
It is important that you can show that you have complained about the delay in fixing the fault before you turn to another workshop.
Sometimes the workshop does not agree that the car is faulty. They may have inspected the car without finding any faults. It could also be faults that only appear occasionally or something you perceive as a fault, but the workshop disagrees. In such cases, you need to be able to prove that there are faults resulting from the workshop's work. Evidence can be, for example, a video clip or a statement from an independent workshop.
You can turn to the National Board for Consumer Disputes (ARN) if you have such evidence. ARN can review what applies in your case.
If the problem remains
Do you need help clarifying your rights or want to discuss how to proceed with your case? In that case, you can contact the municipality's consumer guidance or the guidance provided by our national information service.
Municipality's Consumer Guidance
Many municipalities provide consumer guidance where you can seek free information and support. The assistance offered may vary from one municipality to another.
The Swedish Consumer Agency's information service
The Swedish Consumer Agency provides free guidance. With us, you get information about your rights and the options you have to move forward. We cannot assess your individual case, resolve disputes, or contact companies on your behalf.
Contact the National Board for Consumer Disputes
If you and the company cannot reach an agreement, you can file a complaint to the public authority the National Board for Consumer Disputes (ARN).
ARN will assess your case and make a recommendation on how to resolve the dispute. Most companies follow ARN’s recommendations.
A normal processing time is approximately six months.
What does it cost to file a complaint with ARN?
It costs SEK 150 to file a complaint with ARN. When you submit your complaint, you can request that the company compensates you for the cost if ARN makes a recommendation in your favour.
Requirements for ARN to consider your case
- The company has either rejected your claims or has not responded within a reasonable time.
- The amount you and the company are in dispute about is SEK 1,000 or more. You cannot include the application fee to ARN.
- You file the complaint within one year from the first time you complained to the company.
If you have gone through the steps in this process but still have a dispute with the company, you can take the dispute to court. In that case, you should contact the district court (tingsrätten). It costs money to file an application with the court.
If you are unsure about whether to go to court or need assistance with your case, you can seek help from a lawyer.
When considering hiring legal assistance, you can first contact your insurance company. Many home insurance policies include something called legal protection, which means the insurance can cover certain costs related to legal proceedings.
What will it cost?
A dispute involving a claim of up to 28,650 Swedish kronor (half a price base amount in 2024) is known as a simplified litigation or small claim. The application fee is 900 kronor.
If the claim exceeds 28,650 kronor, or if the dispute does not concern a specific amount, the application fee is 2,800 kronor.
If you lose the dispute, you may be required to pay both your and the company's legal costs. However, in small claims, the costs you may have to pay are limited.