Complain when the car workshop has made a mistake

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.

Warranties

Some workshops provide warranties, which mean that any faults discovered during the warranty period are 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. It states that all workshops affiliated with MRF or the Swedish Vehicle Industry must provide a 12-month warranty. However, the warranty no longer apply if you drive the car more than 10,000 kilometres before 12 months have passed.

Primarily: that the workshop fixes the fault

You can first require the workshop to put the fault right. The workshop must cover all costs related to fixing the fault. This includes costs for materials, travel and labour.

The company often needs to inspect the car in order to determine what caused the fault and what needs to be done.

Secondly: that you get a price reduction

The price reduction should reflect the fault, for example what it would cost to have the fault fixed by another company. Is it a cosmetic fault that does not affect how the item works? In that case, a price reduction may be appropriate that reflects the loss in value caused by the fault.

Thirdly: that you can terminate the contract

Terminating the contract means that the work is discontinued.

If the entire contract is terminated, the company is not entitled to payment. However, the workshop may have the right to reclaim parts they have installed, provided it does not cause significant inconvenience or cost to you.

If you benefit from parts of the work that has been done, the entire contract is not terminated. In that case, you must pay the contractor for the work you benefit from.

Even if you want a price reduction or to terminate the contract, the workshop usually has the right to try to fix the fault.

For you to be entitled to make other claims than having the fault fixed, for example, it may be required that:

• the workshop does not fix the fault within a reasonable time
• the workshop fails to fix the fault
• you have lost confidence in the workshop
• it is clear that the workshop does not have the right skills to fix the fault.

Do you think the workshop does not have the right skills, for example because the service was not carried out in a professional manner and there are reasons to believe they will not do so now either? In that case, you can argue for a price reduction or for terminating the contract so that you can turn to another workshop.

Being dissatisfied is usually not enough. When it comes to lost confidence, a price reduction may be relevant, and you need to be able to show why. This could involve the workshop behaving inappropriately, being dishonest, or otherwise disregarding your interests.

To have the right to cancel the agreement before the work is completed, there must be clear deficiencies in what has been done. Cancelling work that has already been completed is usually very difficult. This requires that the service is, in principle, almost entirely faulty.

You must not incur any additional costs when the service is faulty. 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

To receive compensation, you need to be able to show evidence of the costs you have incurred, such as receipts, invoices, or other documentation. 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 the loss with, for example, a certificate from your employer.

You cannot claim compensation for the inconvenience or the time you spend complaining about the fault.

Under the law, the workshop must fix the fault within a reasonable time. What is considered 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 fault must be fixed quickly to prevent it from getting worse or causing other damage. It may also be urgent if the fault affects you significantly because you need the car in your everyday life.

In other cases, it may be less urgent to fix the fault. For example, it may be acceptable to wait to correct defective paintwork.

The workshop must advise you against having work carried out that is not of benefit to you.

Has the workshop failed to advise you in such a situation? In that case, as a general rule, you should only have to pay for the work the workshop needed to carry out in order to establish that they should have advised you against it.

When the workshop does not agree that the fault is caused by their work, there are a few things you may need to do.

You need to be able to show that the fault is caused by the workshop’s work

To be able to make a claim against the workshop, you need to be able to prove that the fault is caused by their work. Are you unable to show the fault yourself using photos or similar evidence? In that case, you may need help from an expert in the field who can assess the work, for example an independent workshop. Make sure you get written documentation for all inspections and keep it as evidence.

Keep the receipt if you have another company carry out a fault inspection. If it turns out that the fault is caused by the workshop’s work, you can claim compensation from the workshop for the inspection and other costs you have incurred because of the fault.

Try contacting the workshop again

Do you believe that you can prove that the workshop has done something wrong? If so, you can try contacting the workshop once again. If you have documentation that proves the fault, you can send a copy to the workshop. Make sure to contact them in writing, for example by email or text message.

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 fault must be fixed quickly to prevent it from getting worse or causing other damage. It may also be because the fault affects you significantly, as you need the car in your everyday life.

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.

You need to be able to show that you have complained about the delay in fixing the fault before turning to another workshop.

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 disagree on exceeds the value limit set by ARN. You cannot include the application fee to ARN.
• You file the complaint within one year from the first time you complained to the company.

Submit a complaint on ARN's website

If you need help with your complaint

Sometimes, the municipal consumer advisors can assist you in making a complaint to ARN.