Accident in personal vehicle

Discussion in 'Trucking Industry Regulations' started by imasaluki, Mar 18, 2012.

  1. imasaluki

    imasaluki Bobtail Member

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    I had an accident in my personal vehicle and I'm wondering if I need to report it to my trucking company at any point in the future. Here's the scoop... my personal vehicle, I consider myself at fault, there was minimal damage, a police report was filed, no citations/violations/tickets were given to me by the police officer. Both parties will be filing the accident with our insurance companies. The officer told us we had the option of settling it between ourselves or contacting our insurance companies. The only thing I received was a number from the officer that I can use to receive a report of the accident if I wish to do so. If I'm reading the regs correctly, since there was no "conviction", then I don't need to file it with my company. Additionally, I can't find anything in my company policies that require me to report an accident in my personal vehicle.

    So, here's what the regs say:

    § 383.31Notification of convictions for driver violations.(a) Each person who operates a commercial motor vehicle, who has a commercial driver's license issued by a State or jurisdiction, and who is convicted of violating, in any type of motor vehicle, a State or local law relating to motor vehicle traffic control (other than a parking violation) in a State or jurisdiction other than the one which issued his/her license, shall notify an official designated by the State or jurisdiction which issued such license, of such conviction. The notification must be made within 30 days after the date that the person has been convicted.(b) Each person who operates a commercial motor vehicle, who has a commercial driver's license issued by a State or jurisdiction, and who is convicted of violating, in any type of motor vehicle, a State or local law relating to motor vehicle traffic control (other than a parking violation), shall notify his/her current employer of such conviction. The notification must be made within 30 days after the date that the person has been convicted. If the driver is not currently employed, he/she must notify the State or jurisdiction which issued the license according to §383.31(a). (c) Notification. The notification to the State official and employer must be made in writing and contain the following information: (1) Driver's full name;(2) Driver's license number;(3) Date of conviction;(4) The specific criminal or other offense(s), serious traffic violation(s), and other violation(s) of State or local law relating to motor vehicle traffic control, for which the person was convicted and any suspension, revocation, or cancellation of certain driving privileges which resulted from such conviction(s);(5) Indication whether the violation was in a commercial motor vehicle;(6) Location of offense; and(7) Driver's signature.[52 FR 20587, June 1, 1987, as amended at 54 FR 40787, Oct. 3, 1989]

    What do you guys think or know?
     
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  3. windsmith

    windsmith Road Train Member

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    You didn't violate a law, therefore no need for notification under the FMCSA regs. In fact, the wording used is CONVICTED. Until the trial is over and you're found guilty, no notification is needed.

    Now, your company policy on the other hand...
     
    Last edited: Mar 18, 2012
    chalupa and imasaluki Thank this.
  4. imasaluki

    imasaluki Bobtail Member

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    Yea, I just combed through our employee policy handbook and driver manual and didn't find anything that mentioned accidents in a personal vehicle. I think I'm good to go.
     
  5. snowwy

    snowwy Road Train Member

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    if you got no citation. then there's nothing to notify the company about. cuz there's nothing on record.
     
  6. slowpoke89

    slowpoke89 Road Train Member

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    actually, it will show up on your mvr, i had a personal vehicle accident in which the other driver involved not only got cited for fty, he admitted fault and my insurance company declared me as not at fault. nevertheless, it still shpwed up when i applied to millis 2 years late, and then when i returned to my present company.
     
  7. wis bang

    wis bang Road Train Member

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    Everyyear your carrier and insurance will pull your MVR. Since the PoPo was involved there will be a report and it will show up on your abstract.

    My advice is to get a copy of the PD report so when it comes up at insurance renewal time you can give them the 'facts' when they call you in.
     
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  8. thesvg

    thesvg Light Load Member

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    :biggrin_25514: Great Advice! OP Even if you consider yourself at fault, some companies look and ask for at fault accidents in your MVR.
     
  9. Carolina Thunder

    Carolina Thunder Medium Load Member

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    I hit a dear in my personal truck a few years ago,cops were called,report filled. That accident followed me around for 5 years! Anytime i talked to another company about working for them they wanted to know what happened and who was at fault. Do yourself a favor.Get a copy of the report and carry it around with you just in case,i also think you should tell your employer about as well. I would.
     
  10. wis bang

    wis bang Road Train Member

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    First thing the insurance broker says is; "can he produce the accident reports?"
     
  11. CondoCruiser

    CondoCruiser The Legend

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    Like others said, get a copy of the police report and keep it for future reference. You don't have to tell the company anything. Don't tell more than you have to when it comes to trucking.
     
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