Garage damaged car: what should I do?
It’s annoying: you bring the car to the garage for a service, and after it’s returned you discover an unrepaired or new defect. We’ll show you how to proceed in this case.
01.07.2025
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1. Car damaged in the garage: who is liable?
Have you brought your car to the garage for a service or tyre change, and after it’s returned you discover a new scratch or even a dent? According to the law (Art. 368 OR), the garage is usually liable for this damage. This is because the garage is obliged to carry out the repair properly and without causing additional damage. If new damage occurs during the repair, it is usually a breach of duty of care.
Ultimately, the burden of proof determines who must cover the cost of the damage.
Damage with clear evidence
If you discover any damage to the vehicle, you should inform the garage owner immediately and ask for the handover report. If no damage is noted in it, the situation is clear: the damage happened in the garage. The garage must therefore settle the damage through its liability insurance. In such a case, you can request a replacement car at the garage’s expense for the duration of the repair.
A handover report (also called an intake 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 handover report, you should ask for one. The report serves as important evidence in the event of a claim.
Damage without clear evidence
If you only notice the damage later, you should inform the garage. However, it is then difficult to prove that the damage occurred during the visit to the garage. It is best to visit the garage again and have the staff check the damage. Ultimately, however, your only option is to report the damage to your insurance company.
Depending on the damage, the parking damage insurance or the comprehensive insurance. Do you only have liability insurance for your car? It does not cover damage to your own car. This means you have to pay the cost of the repair yourself.
2. Poor repair: car repaired, but the fault remains?
If the damage to your car has not been properly repaired in the workshop, you have clear rights as a customer: Garages must ensure that the work and repairs carried out are free of defects (Art. 368 OR). If the repair work was defective, the workshop is liable for it – even if you only discover the defect later. However, you must be able to prove that the defect is due to the repair.
Important: Have you found a defect? Then you must report it to the garage immediately in writing (Art. 367 OR). If you don’t do this in time, you will lose your warranty rights.
3. Warranty for car repairs: What are my rights?
Have you noticed a defect in the car that is clearly due to the repair? Then you have the following options:
Repair
You have the right to a free repair by the workshop – provided that the effort involved is not disproportionate (Art. 368 para. 2 OR). This is usually the easiest and most common way to fix the defect. Set the workshop a reasonable deadline for this. As a rule of thumb, this is about two to three weeks.
Price reduction
Are the defects so minor that a repair is not worthwhile? Or does the garage refuse to carry out a repair? Then you can demand a reduction in the labour costs (price reduction). If no agreement is reached, you must enforce the reduction in court.
Contract rescission
Is the defect particularly serious? Then you can demand a rescission. This means you withdraw from the contract and demand the return of the labour costs paid. However, withdrawal from the contract is only permitted if the workshop cannot remedy the defect or fails to do so despite several attempts. Important: Contract rescission involves considerable effort and is often difficult to enforce.
Good to know: A motor legal protection insurance supports you in disputes with the car garage.
4. Tips to avoid trouble at the garage
Want to avoid frustration after visiting the garage? Here are some tips:
Record the repair order in writing
Record all desired work, costs and deadlines in writing. This way, expectations are clearly regulated from the start, and you have proof in the event of a dispute.
Wash the vehicle and check for damage
Wash the outside of the vehicle before visiting the garage. If the vehicle is clean, you should check it for damage. It’s best to document the condition with photos from different angles. This will help you prove that any damage is related to the repair.
Joint inspection and acceptance report
In the garage, the car is also checked, and any damage is recorded in the acceptance report. After the service or tyre change, you should definitely inspect the vehicle together with the garage staff. You should never simply take the key and drive off with the vehicle. This will save you a lot of trouble in the event of damage.
This article was first published on 18.07.2016
