Defective Vehicle Compensation Claims
When a road traffic accident is caused not by another driver’s negligence but by a defect in a vehicle itself — failed brakes, a tyre blowout, defective steering, an airbag that did not deploy, or an electrical fire — the legal route is different from a standard motor insurance claim. UK product liability law allows claims directly against the vehicle manufacturer or component supplier, in addition to the driver’s insurance position. These cases can produce substantial compensation but require specialist handling because of the engineering evidence involved and the manufacturer’s typical resistance to product liability claims.
In this guide
- Common Vehicle Defect Patterns
- The Legal Framework
- Vehicle Recalls and Defective Vehicles
- Multiple Routes for Recovery
- What Compensation Could You Receive?
- Critical Evidence Preservation
- Group Litigation
- Time Limits
- No Win No Fee Defective Vehicle Claims
- Common Questions About Defective Vehicle Claims
- Related Guides
- Our Partner's Fees Explained
- Check If You Could Claim Compensation For Your Injury
This guide explains how defective vehicle compensation claims work, the legal framework, what evidence is critical, and how to start a claim on a no win no fee basis.
Common Vehicle Defect Patterns
Brake Failures
Brake-related defects include:
- Brake pad delamination
- Brake fluid loss from defective seals
- ABS system failures
- Brake booster failures
- Master cylinder defects
- Defective brake hose corrosion or rupture
Tyre Defects
Tyre failures include:
- Tread separation (tyre comes apart in use)
- Sidewall failures
- Manufacturing defects causing premature failure
- Inadequate cure during manufacture
- Aged tyres failing despite legal tread depth
Airbag Defects
High-profile UK and international airbag defects include:
- Takata airbag defect — caused multiple deaths worldwide and led to mass recalls
- Failure to deploy at appropriate speeds
- Over-deployment causing injury
- Inadvertent deployment without impact
Steering Defects
Common patterns:
- Power steering failure
- Steering rack defects
- Track rod end failures
- Electronic steering control failures
Electrical and Fire Defects
Modern vehicles have extensive electrical systems. Defects can cause:
- Vehicle fires (substantial UK litigation around some makes/models)
- Sudden loss of power
- Electrical shock to occupants
- Defective EV battery thermal events
Driver Assist System Failures
Modern vehicle technology includes:
- Adaptive cruise control failures
- Automatic emergency braking failures
- Lane keeping assistance malfunctions
- Parking sensor failures
- Autonomous driving features acting unexpectedly
Seat Belt Defects
- Belts that fail to lock during impact
- Belts that release inadvertently
- Pretensioner failures
- Buckle defects
Fuel System Defects
Fuel leak fires after relatively minor impacts have generated significant historical UK product liability cases.
The Legal Framework
Consumer Protection Act 1987
The cornerstone of UK product liability law. The CPA 1987 imposes “strict liability” on producers of defective products — meaning you do not need to prove negligence, only that:
- The product had a defect
- The defect caused damage
- The damage exceeds £275 (for property damage; no minimum for injury)
“Defect” means the product’s safety was not such as persons generally were entitled to expect. The test is objective and applied at the time of supply.
Who Can Be Sued?
Under the CPA 1987, claims can be brought against:
- The manufacturer (including vehicle assembler)
- The component manufacturer (for parts of the vehicle)
- The importer (where the vehicle was imported into the UK)
- The supplier (in some circumstances)
For vehicles, claims are typically against the vehicle manufacturer (Ford, Toyota, BMW, etc.) and sometimes also against component manufacturers (Takata for airbags, Bridgestone for tyres, etc.).
The “10-Year Long-Stop”
CPA claims have a 10-year absolute limit from the date the product was placed on the market — regardless of when the accident occurred. After 10 years, claims under the CPA are barred, though common law negligence claims may still be available against the manufacturer.
Common Law Negligence
Beyond the CPA framework, claims can also be brought in common law negligence against manufacturers — particularly useful for older vehicles outside the 10-year long-stop or for cases where the CPA threshold tests are not met.
Maintenance and Servicing
Where the defect resulted from substandard servicing or maintenance rather than original manufacture, claims can be brought against the garage or service provider that performed the work.
Vehicle Recalls and Defective Vehicles
When vehicle manufacturers identify safety defects, they typically issue recalls. UK vehicle recalls:
- Administered through the DVSA in cooperation with manufacturers
- Free remediation typically provided
- Manufacturer contact information available through www.gov.uk/check-vehicle-recall
- Substantial recalls have affected major makes — Takata airbags, VW emissions, Ford Powershift transmissions, and many others
Where an injury occurred from a defect that was the subject of a recall (or that should have been), product liability claims are typically straightforward — the recall itself demonstrates the defect.
Multiple Routes for Recovery
A vehicle defect accident may involve multiple legal routes:
1. Motor Insurance Claim — Where another driver was also involved (e.g. someone hit you because your brakes failed), their motor insurance may pay. Standard RTA framework applies.
2. Product Liability Against Manufacturer
Direct claim under the CPA 1987 against the vehicle or component manufacturer.
| 3. Your Own Motor Insurance | For comprehensive policies, your own insurer may pay for your damage and injuries while pursuing subrogated recovery against the manufacturer. |
|---|---|
| 4. Service Provider Negligence | Where the defect was caused by negligent maintenance, the service provider is liable. |
What Compensation Could You Receive?
Defective vehicle injury compensation depends entirely on the injuries sustained. The framework is the same as for any UK personal injury — Judicial College Guidelines for general damages plus special damages. See our compensation amounts hub.
Critical Evidence Preservation
Product liability cases stand or fall on engineering evidence. Critical steps:
Preserve the Vehicle
Do not allow the vehicle to be:
- Scrapped or destroyed
- Returned to the dealer or manufacturer for free repair
- Repaired by a garage without engineering inspection
- Sold for parts
Where the vehicle is destroyed before inspection, the case is substantially weakened. A specialist solicitor will issue immediate preservation directions.
Engineering Inspection
Independent engineering experts examine:
- The defective component itself
- The vehicle’s service history
- Manufacturer specifications
- Comparable failure case data
- Recall notices
For some cases, manufacturer engineers also examine the component — usually with disclosure of their findings.
Other Critical Evidence
- Police accident report
- Witness statements
- Photographs of the scene, damage, and (if possible) the defective component
- Vehicle service records
- Vehicle purchase documents
- Recall notices for the make/model
- MOT history
- Insurance claim documents
- Medical records
Group Litigation
Major vehicle defects often produce group litigation involving many claimants:
- VW Dieselgate — major UK group litigation about emissions defects
- Takata airbag litigation — multiple manufacturer cases
- Ford Powershift transmission cases — ongoing UK litigation
- Toyota acceleration cases — historic litigation
Where group litigation exists for your specific defect, joining the group may be advantageous — shared costs, established legal arguments, and (sometimes) faster resolution.
Time Limits
Two time limits apply to defective vehicle claims:
- Personal injury — 3 years from the accident or date of knowledge that the injury was caused by a vehicle defect
- CPA 10-year long-stop — 10 years from the date the vehicle was first supplied
Cases beyond the 10-year long-stop can still proceed in common law negligence against the manufacturer. For children, the 3-year personal injury limit does not start until their 18th birthday — though the 10-year CPA long-stop continues to apply. See our time limits guide.
No Win No Fee Defective Vehicle Claims
Defective vehicle claims run on no win no fee Conditional Fee Agreements. The success fee — capped under LASPO 2012 at 25 per cent of general damages and past losses (future losses excluded) — is deducted from compensation. After-the-Event insurance protects against adverse costs. The ATE premium is normally payable only if you win, deducted from your compensation — it is no longer recoverable from the defendant — and your solicitor must explain how the premium and disbursements are treated before you sign (see how ATE insurance works). The complexity of these cases means specialist solicitors typically take only well-founded cases — making the initial consultation an important triage. See our how no win no fee works guide.
Common Questions About Defective Vehicle Claims
My brakes failed and I crashed. Is that a claim?
Often yes, but it depends on the cause. If the brakes failed due to a manufacturing defect, a product liability claim succeeds against the manufacturer. If they failed due to substandard servicing, the garage is liable. If they failed due to lack of maintenance, the case is harder. Engineering examination of the brake components establishes the cause — preserve the vehicle and consult a specialist solicitor immediately.
My tyre blew out and caused a crash. Can I claim against the manufacturer?
Sometimes — but tyre cases are difficult. Tyre defects do occur, but most blowouts result from puncture, impact damage, age, or under-inflation rather than manufacturing defects. Engineering examination by a specialist tyre forensic expert determines the cause. Where a true manufacturing defect is established, CPA 1987 claims succeed.
My airbag did not deploy in an accident. Is that a claim?
Possibly — though airbag deployment is governed by specific impact thresholds. Where the impact was sufficient for deployment but the airbag failed, claims can succeed. Where the impact was below the deployment threshold, no claim arises. Diagnostic data from the vehicle’s event data recorder typically shows what should have happened.
There was a recall on my vehicle for this issue. Does that help my case?
Substantially. A manufacturer recall is effectively an admission that a safety defect existed in the affected vehicles. Where your accident was caused by the defect that was the subject of the recall, your case is typically strong. Where you had not received or actioned the recall notice (because you bought the vehicle second-hand without notification), this typically does not defeat the claim — the defect existed regardless of notification.
My vehicle is 8 years old. Can I still claim under the CPA?
Yes — you are within the 10-year long-stop. CPA claims are available up to 10 years from the date the vehicle was first supplied. Beyond 10 years, common law negligence claims may still succeed.
The manufacturer says it was my driving that caused the accident. What do I do?
Manufacturers routinely contest defective vehicle claims. Independent engineering expert evidence resolves the dispute. The expert examines the failed components, compares to manufacturer specifications, considers maintenance history, and gives an opinion on the cause. Where the engineering evidence supports a defect, claims succeed despite manufacturer resistance.
How long does a defective vehicle case take?
Typically 18 months to 3 years. The engineering examination phase substantially affects timing. Group litigation cases can take longer. Cases involving severe injuries and complex causation can take 3-5 years. See our how long does a claim take guide.
Related Guides
Defective Product Injury Claims
What to Do After a Car Accident
Proving Liability in a Personal Injury Claim
Personal Injury Time Limits Explained
Check If You Could Claim Compensation For Your Injury
If you were injured in an accident that wasn’t your fault, you may be entitled to compensation. Start a free claim check in minutes — no upfront cost. No win, no fee if your claim is accepted.
