European UnionMy car's eCall system didn't work in an accident. Is the manufacturer liable?
Yes, the manufacturer may be liable under EU type-approval rules if the eCall system failed due to a defect in design, construction, or conformity with Regulation (EU) 2015/758.
What the Law Says
The legal basis for eCall functionality and manufacturer responsibility is set out in EU Regulation (EU) 2015/758, which mandates the installation and performance of in-vehicle emergency call systems in new vehicle types.
Since 31 March 2018, all new passenger cars and light commercial vehicles approved for sale in the EU must be equipped with a 'general technical requirement' compliant eCall system. This system must automatically trigger a 112 emergency call within 100 milliseconds of a serious crash, transmitting minimum data set (MDS) including location, time, direction of travel, and vehicle identification.
Regulation (EU) 2015/758 places direct obligations on manufacturers to ensure eCall systems are correctly integrated, tested, and conform to technical specifications throughout the vehicle’s life cycle. Non-conformity — including failure to activate or transmit reliably — may constitute a breach of the type-approval obligation.
Under Article 31 of Regulation (EU) 2018/858 (the EU type-approval framework), manufacturers remain liable for defects arising from design, manufacturing, or failure to meet required technical standards — including eCall functionality — for at least 10 years after placing the vehicle on the market.
Statutory TextThe eCall system shall automatically initiate a voice call to the emergency services number 112 and shall transmit the minimum set of data… within 100 ms after detection of a crash event.
— Regulation (EU) 2015/758, Annex I, Part A, point 2.1
Statutory TextMember States shall not refuse… the registration, sale or entry into service of a new vehicle… which is not fitted with an eCall system complying with this Regulation.
— Regulation (EU) 2015/758, Art. 1(2)
Statutory TextThe manufacturer shall be responsible for ensuring that the vehicle… conforms to the requirements… throughout its life cycle.
— Regulation (EU) 2018/858, Art. 20(1)
What Courts Have Said
No EU-wide case law specifically addressing eCall system failure liability has been established to date. National courts have not yet issued binding rulings interpreting Regulation (EU) 2015/758 in product liability claims arising from eCall non-activation.
What to Do
Gather evidence: download vehicle event data recorder (EDR) logs, if available, and obtain police/accident report confirming crash severity and absence of eCall activation.
Contact the manufacturer in writing, citing Regulation (EU) 2015/758 and requesting a technical investigation into the eCall failure.
Report the malfunction to your national type-approval authority (e.g., KBA in Germany, RDW in Netherlands, DVLA in UK pre-Brexit) via the EU’s RAPEX or national defect reporting portal.
Consult a consumer or product liability lawyer in your Member State to assess claims under national transposition of Directive 85/374/EEC (Product Liability Directive), which applies alongside EU type-approval rules.
Preserve the vehicle and avoid software updates or repairs until forensic analysis is completed — such evidence may be critical in establishing causation.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.