What do I need to do if a garage damages my car?
Don't you find it annoying when you take your car to the garage for a service, and after getting it back you discover a fault that hasn't been repaired or a new one? We explain what to do in this situation.
01.07.2025
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1. Who is liable if my car is damaged in the garage?
Have you taken your car to the garage for a service or tyre change, and after getting it back you discover a new scratch or even a dent? By law (Art. 368 of the Swiss Code of Obligations) the garage is usually liable for this damage. This is because the garage is obliged to carry out the repair professionally and without causing additional damage. If new damage occurs while repairs are being carried out, this is usually a breach of the duty of care.
Ultimately, the burden of proof is key in determining who will bear the costs of the damage.
Damage event with clear evidence
If you discover damage to your vehicle, you should inform the garage owner immediately and ask about the vehicle handover report. If no damage is noted, the situation is clear: the damage happened in the garage. The garage must therefore cover the costs to repair the damage through its liability insurance. In this case, you can request a courtesy car at the garage's expense for the duration of the repairs.
A vehicle handover report (also called an inspection report) documents the condition of your vehicle when it is handed over to the garage. The report is usually completed by the garage together with the customer and signed by both parties. If your garage does not offer a vehicle handover report, you should ask for one. This is because the report serves as an important piece of evidence in the event of a damage event.
Damage event without clear evidence
If you only notice damage at later point in time, you should still inform the garage. However, it is then difficult to prove that the car was damaged by the garage. In this case, it’s best to go back to the garage and have the staff check the damage. Ultimately, however, you only have the option of reporting the damage to your insurer.
Depending on the damage, cover will be provided by stationary damage insurance or full casco insurance. Do you only have liability insurance for your car? This insurance does not cover damage to your own car, which means that you will have to pay for the repairs yourself.
2. Faulty repairs: your car has been repaired, but faults have not been fixed?
Was the damage to your car not properly rectified in the garage? If so, you as a customer have clear rights: garages must ensure that the work and repairs carried out are free of defects (Art. 368 of the Swiss Code of Obligations). If the repair work was inadequate, the garage is liable for it – even if you only discover the fault later. However, you must be able to prove that the fault is due to the repairs.
Important: have you noticed a fault? If so, you must report it to the garage immediately in writing (Art. 367 of the Swiss Code of Obligations). If you do not do so in good time, you will lose your warranty rights.
3. Warranty for car repairs: what rights do I have?
Have you found a fault in the car that is clearly due to the repairs? If so, you have the following options:
Rectification of defects
You have the right to a free repair by the garage – provided that the effort involved is not disproportionate (Art. 368 para. 2 of the Swiss Code of Obligations). This is usually the easiest and most common way to remedy the defect. Set a reasonable deadline for the workshop to do this. As a rule of thumb, this should be approximately two to three weeks.
Discount
Are the defects so minor that it is not worth repairing them? Or is the garage refusing to repair them? If so, you can request a reduction in the cost of the work carried out (discount). If an agreement cannot be reached, you must assert a claim for the discount in court.
Withdrawal from the contract
Is the defect particularly serious? If so, you can request a redhibition. This means that you withdraw from the contract and demand the return of the money paid. However, withdrawal from the contract is only permitted if the garage cannot rectify the fault or if it fails to do so despite several attempts. Important: Withdrawing from a contract involves considerable effort and is often difficult to enforce.
Good to know: motorists' legal protection insurance will support you in disputes with the garage.
4. Tips for trouble at the garage
Would you like to avoid feeling frustrated after visiting the garage? Here are some tips:
Record the repair order in writing
Record all the work you want to be performed, the costs and the deadlines in writing. This way, expectations are clearly defined from the start, and you have proof in the event of a dispute.
Wash your car and check for damage
Wash the outside of the vehicle before visiting the garage. Once your vehicle is clean, you should check it for damage. It is best to document the condition of your vehicle via photos from different angles. This will make it easier to prove that any damage was caused during the repairs.
Joint vehicle handover report and acceptance protocol
The car is also checked in the garage, and any damage is noted in the vehicle handover report. After the service or tyre change has been completed, you should inspect the vehicle together with the garage staff. Under no circumstances should you simply take the key and drive away with the vehicle. This saves a lot of trouble in the event of a damage event
This article was first published on 18.07.2016
