my brother who is bi polar, rented a car while having an episode and the car was stolen fom him and damaged, he reported the car stolen, but the contract that he signed stated that he will b responsible for any damages, and now rental company wants to sue him for 4500.00 cost of repair, he does not have that kind of money, nor does family, the person who stole the car has not been arrested as of yet, and we realize he can sue him for damages, but rental company wants money now and from my bro. due to the fact that he signed the contract, please give some legal advice asap, thanks
2006-08-24 09:08:58 · 7 answers · asked by legal help 2 in Health ➔ Mental Health
Apply for help from a public defender. My first husband was one, and he helped a lot of people, many with mental illness. Your cost will be little, but your help will be very good. Some people put down a public defender, but it depends on the person, and many of the ones I knew were brilliant and very interested in seeing people get fair treatment.
2006-08-24 09:20:16 · answer #1 · answered by g 3 · 0⤊ 0⤋
First of all.....him renting the car during a Bi-polar episode has nothing to do with the fact that the car was stollen. He could have been fine at the time and still had the car stolen from him. Here is a question for you though......did he have insurance when he rented the car? If he did not have insurance why didn't he purchase the insurance that the rental company offers. If they let him rent the car without proof of insurance and wihtout making him purchase the insurance through them....then they have to be a fault for the lack of coverage too. He is not going to go to jail for having a car stollen from him. They may take him to court and put a judgment againt him.....but they cannot put him in jail...because no crime was commited by him. He can ask the judge to set up a repayment plan and hope that the person that stole the car is caught so that he can get the money from that person or have the judgement transfered to said person. Here is another thing to think about.......being bi-polar is not an excuse for everything mistake you make. He can try the defense of....I was in a manic episode at the time.....but he would have to prove that he was and that can be hard to do since bi-polars can cylce at anytime and often don't seek professional help during those times. Tell him to try to work it out with the rental company before they take him to court......ask them if they will accept a payment plan that he can afford. It is always best to try to work it out before it goes to far and people become irrational.....not only that but the stress of a court hearing and judgements may send him into another manic episode which would not be good for anyone involved. Good Luck....and I hope that everything works out for the best.
2006-08-24 10:11:13 · answer #2 · answered by Shelli T 2 · 1⤊ 0⤋
get a lawyer. Laws differ from state to state. Most likely he will have some punishment, but if he has documented proof of his illness then he might be able to serve time in a mental institution instead of a prison. If he does time then he might not have to pay so much. If he doesn't have the money he might be put on work release from jail so that he can go to work and pay the car off over a period of a few years, monthly or bimonthly payments.
there is no way that his illness will get him off all together.
seriously though, this is a question you should be asking a real lawyer not people on the internet.
2006-08-24 10:04:01 · answer #3 · answered by Lauren K 2 · 1⤊ 0⤋
Yes is can be required to pay damages. Mental Illness under the law is considered a valid defense ONLY if; 1) He/she did not know the consequences of his actions AND 2) was not able to tell the difference between lawful and unlawful actions. I did a quick search of Thomas legal Archives and there is NO case where bipolar disorder ( it is a personality disorder NOT a mental illness) has been successfully used anywhere in the United States unless there has been an underlying case of either schizophrenia/ paranoia diagnosed prior to the incident.
2006-08-24 10:14:30 · answer #4 · answered by alcavy609 3 · 0⤊ 0⤋
He should get a lawyer. There is a possibility he might not have to pay if he goes into a mental hospital to get rehabilitation.
2006-08-24 09:15:34 · answer #5 · answered by John Luke 5 · 0⤊ 0⤋
Yes.
2006-08-24 09:14:14 · answer #6 · answered by Anonymous · 0⤊ 0⤋
there are MANY pibolar convicts in prison. ur brother wont be lonely
2006-08-24 09:15:53 · answer #7 · answered by Johnny Zero 2 · 0⤊ 0⤋