The Chamber of Appeals in Administrative Litigation of Mar del Plata ordered the Province of Buenos Aires on April 5 to compensate a citizen after his motorcycle went missing from a police impound lot.
The case centers on a vehicle that was seized during a traffic operation in April 2018. Although the owner paid the required fine, when he arrived at the official depot with an order for restitution in May 2019, the motorcycle could not be found.
A criminal investigation into possible wrongdoing confirmed that the vehicle was no longer present at the Department of Road Safety. Expert reports indicated that state authorities failed their duty to safeguard property and that there were no official records detailing what happened to the motorcycle.
Following these findings, the affected individual filed a civil lawsuit seeking compensation for both material and moral damages due to what he described as negligence by those responsible for storing his property. The government’s legal defense argued against administrative fault, but judges dismissed this position because there was no unforeseen event justifying the loss.
Financial assessments established a reference value for replacing the motorcycle based on current market prices. Psychological evaluations also confirmed emotional distress experienced by the claimant due to loss of property protection.
The final ruling requires full reimbursement according to updated market values at settlement date. In addition, it awards an extra 20 percent as compensation for non-material damages related to emotional harm.
