Legal Question: how do I fight a chargeable on my DAC report?
Discussion in 'Questions From New Drivers' started by splitminded, Aug 12, 2012.
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The first thing you do is to write to the DAC people and dispute the report. You inform them that the information they have is wrong and that you will take legal action if they do not remove it. They will tell you that the company provided the information so you need to talk to them. You again remind DAC that by printing false statements about you that you are being Libeled. You contact a lawyer and sue. Below is a cut and paste contact information for DAC.
You then contact your company and talk to safety. You tell them that you have retain an attorney and are advising them to remove their complaint from the DAC report. If they do not you will sue.
[h=1][/h]HireRight, Inc. Corporate Headquarters
5151 California Avenue
Irvine, CA 92617
Tel: (800) 400-2761 (inside the US and Canada)
(949) 428-5800
Office Hours: (M-F 8 am - 5 pm Pacific)
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May I remind you of new laws. Wooly suggests threatening to sue... DO NOT DO THAT,... that is classified as a terroristic threat.
You may inform them that you have retained a lawyer and will pursue legal action but do not threaten them in any way. -
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Companies will also call your bluff.
They have money and know you probably dont.
But u have every right to sue for defamation. However. Most states have laws that make it legal to bad mouth you. Utah is one of them. -
Were you involved in a wreck? If so, you aren't going to be able to challenge the fact that the wreck is being reported.
Were you "at fault" in that wreck? If so, you aren't going to be able to challenge the fact that you were charged with it.
If you were NOT "at fault" in the wreck, you STILL may be charged with a preventable depending upon the circumstances of the wreck. If you could have done something different in the moments leading up to the wreck which would have prevented the wreck from happening, it is still going to be recorded as "preventable" even if you were not deemed to be "at fault". For example, you see a car heading up the acceleration lane, and will be merging onto the interstate...but you are in the right lane. The lane next to you is available for you to move into, or you could reduce speed and allow that car to merge in front of you. Instead, you hold your ground because you have the legal right of way in this situation. The car merges into the side of your truck. That is more likely than not going to be charged as a "preventable" because you COULD HAVE prevented it....even though you were not legally at fault in the wreck.
Preventable is NOT the same as at fault.
If the information in the report is accurate, there isn't much you can do legally to have the information removed. -
Shaggy76 Thanks this.
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Telling someone you are going to sue is not a terroristic threat. It is perfectly legal. A terroristic threat requires a threat of bodily harm.
You can file a small claims lawsuit for $45. If everyone did this the DAC report would disappear. -
If you don't know what you are doing with DAC,
get some assistance.
It must be done correctly.
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