In a landmark ruling for the rights of roadside assistance service users, a court in San Nicolás has ordered an insurance company and its service provider to pay 1.5 million pesos in compensation to a woman and her family. They were left waiting for over 10 hours on a highway after their car broke down. The incident occurred on January 5, 2023, on National Route 2. Despite repeated calls to a 24-hour emergency line, assistance was not provided. The tow truck, sent by the insurer from Mar del Plata, arrived only about ten hours later. The judge ruled that the delay was unjustified, as the companies failed to prove a lack of available service providers or force majeure circumstances, thus breaching their duty to provide service within a "reasonable timeframe." A key point of the ruling was the recognition of the woman's legitimacy as a consumer. The judge applied the Consumer Defense Law (Law 24.240), equating users of the service with direct consumers, allowing them to claim for breaches even if the contract was signed by another party. The court awarded compensation for moral damages, as the uncertainty and helplessness experienced on the road went beyond a mere nuisance, causing anguish and distress. However, the court rejected the claim for "punitive damages" as no malicious conduct or "grave disregard" by the companies was proven, only a contractual breach. The claims of two other passengers were dismissed due to insufficient evidence of their presence in the vehicle at the time of the incident.
