After Auto Accident and Concussion, Bought Used Car I Didn't Need

**romanatx** · 06-29-2012, 04:12 PM

My question involves a consumer law issue in the State of: Texas
I was in a car accident and suffered a moderate concussion, went to the hospital in an ambulance and suffered another incident a few weeks later. During the second incident, I was taken to the hospital and the ER doctor told me it was post concession syndrome. During the two incidents, I bought a used car from a dealer with part cash and financed the rest. After a few weeks I realized that this was not the kind of car I need for work, is a car I would not normally buy and was talked in to financing part of it even thought I planned on paying all cash. The whole car buying experience was a fuzzy haze. It is now 2 months after the accident , my head is clear and I can't believe that I bought this car which was overpriced and am noticing some things wrong with it that I didn't see before. Is there any way that I can get my money back by returning the car? Thanks.

**Mr. Knowitall** · 06-29-2012, 04:15 PM

Do you have a doctor or psychiatrist who is willing to testify that you were mentally incompetent at the time you purchased the vehicle?

**leeshis0019** · 06-29-2012, 05:51 PM

What Mr. Knowitall said. You said the doctor in the ER at the second incident told you that you had PCS? That might be useful in somehow returning the vehicle.

As for a civil suit (you didn't mention that you cared to do anything, but just to be thorough) you would need some kind of proof that whoever sold you the car might've manipulated you into buying it all the while knowing you were suffering from PCS.

**romanatx** · 06-29-2012, 08:34 PM

The only medial professionals who may be able to confirm that I was not in a normal state of mind would be the chiropractor and the ER doctor.

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The car salesman knew I was in an accident a week before I bought the car. I had told him that I hadn't been thinking clearly and had been forgetful all week. Isn't there something to protect consumers against signing contracts while not of sound mind? What kind of lawyer should I contact to pursue this? Thanks

jk · 06-29-2012, 08:43 PM

Quoting romanatx

The only medial professionals who may be able to confirm that I was not in a normal state of mind would be the chiropractor and the ER doctor.

- - - Updated - - -

The car salesman knew I was in an accident a week before I bought the car. I had told him that I hadn't been thinking clearly and had been forgetful all week. Isn't there something to protect consumers against signing contracts while not of sound mind? What kind of lawyer should I contact to pursue this? Thanks

a chiro is not qualified to diagnose that problem and the ER would be limited to the time you were being treated by him. You would have to have testimony that you were mentally incapacitated at the time of the purchase.

I hope you realize that this can cause you life long problems. Having some period of mental incapacity can have negative consequences in some aspects of your life.

and simply not thinking clearly or being forgetful is not mentally incapacitated.

**romanatx** · 07-01-2012, 08:57 AM

I DO realize that this may cause life long problems, thank you. The accident has already caused some negative consequenses in parts of our lives. I DO know that "simply not thinking clearly or being forgetful is not mentally incapacitated." Thank you for pointing out the obvious. My question is more along the lines of- Due to brain trauma or post concession syndrome caused by a woman running a red light and almost killing my wife and myself, do I have any recourse in making financial decisions such as signing a contract and buying a car while in a cloud of haze and confusion?

jk · 07-01-2012, 09:23 AM

do I have any recourse in making financial decisions such as signing a contract and buying a car while in a cloud of haze and confusion?

maybe, maybe not.

To effectively argue you were incapable of entering into a contract, you will have to have proof of it. That means an expert witness, if this goes to court. Until this goes to court and the court rules on the situation, the contract is considered to be valid.

So, you either accept the contract; refuse to pay it and let the bank repo it, then sue you for any deficiency where you could attempt to prove your argument or; you file a suit to rescind the contract based on your claim.

Unless you are talking Ferrari, it will cost more to argue this in court than just pay it. Then, if you do take it to court, your legal fees are yours so you would only gain the difference between the court costs and the cost of the contract but then you wouldn't even have the car.

**Mr. Knowitall** · 07-01-2012, 10:10 AM

If you are in what you purport to be "a cloud of haze and confusion" but are mentally competent, you can enter into legally binding contracts. So whether or not you like it, the question is whether or not you were mentally competent when you entered into the contract. See, e.g., Schmaltz v. Walder, 566 S.W.2d 81, 83 (Tex.Civ.App. - Corpus Christi 1978).

Lots of people buy replacement vehicles after they are involved in car accidents, even after suffering varying degrees of injury - nothing special there.