2 Out of service = dropped insurance?

TankerYankr · Jan 23, 2019

Atlanticus trucking said: ↑

So I’ve heard this many times that insurance will drop you if you get two OOS within 1 year as a new carrier. So my question, on the safer website there are two types of OOS. There are vehicle OOS and driver OOS. Does either OOS count towards your 2 for the year?

My driver was going through westchester NY and stopped at a weigh station. What came up was he had gotten a ticket 5 or so years ago for operating a taxi at a NY airport without the proper permit. His company was supposed to handle it but they didn’t. This suspended his NY driving privileges without him knowing. So he got hit with driving with a suspended license (383.51A). Now this is showing as an OOS under my DOT.

Any advice on how to handle this situation in terms of fighting the ticket? Does this OOS count towards my 2 for the year, or do only vehicle OOS count?

Thanks
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I'd put it right back on the insurance company if they tried anything. Like, "Hey, how come you guys didn't catch this when I went to hire this guy, and gave you his info? Maybe you should reimburse my expenses in getting the truck back on the road. I think I need to talk to my attorney." Put the ball back in their court, but only if they start something, don't go looking for problems.

It really boils down to the insurance companies fault for accepting the driver.

Rideandrepair · Jan 23, 2019

That’s right. Same with auto ins. If you State 5 mile radius recreation use only, then get into an accident 30 miles from home you’re still covered. I never heard anything from insurance regarding safety rating. I didn’t think they comb over it. Anyway, I don’t think you need worry about it. 2 OOS and dropped. I doubt it. If so take your business elsewhere.Lots if Conditionary status Carriers Operating with coverage. I doubt your at Conditional status yet. Keep it clean, it’s a 30 mo revolving record.

Ridgeline · Jan 23, 2019

brian991219 said: ↑

Ridgeline, I know this guy and he did check the MVR, it is not a cdl -he runs under cdl truck. Florida does a horrible job of reporting out of state convictions on non-cdl licenses, and I know from personal experience with New York that they are bad about reporting suspensions to out of state agencies. Had it happen to me not once but twice, took several years before they were entered into CDLIS and I was aware of them.
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Got it, that is why I prefaced it with the word stupid, it turned out to be one.

Atlanticus trucking · Jan 24, 2019

duplicate post

Atlanticus trucking · Jan 24, 2019

6wheeler said: ↑

Insurance companies just want your money. As long as you pay the bill you have nothing to worry about.
They will drop you if you have several claims but they don't follow your FMCSA record, only when it's time for renewal.

The FAST of 2015 prohibits certain information used to make decisions based on the flawed mistakes in the scoring system. Insurance companies can look at it but there not supposed to make judgements based on it
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good to hear! thanks

brian991219 said: ↑

Jon,

Yes it is possible your insurance carrier may have an issue with this. Side note, this is why the standard driver application for employment asks what states a driver has operated in previously. You need to check their home state and all other states, which is dang near impossible for your non-cdl driver.

As for handling the ticket, NY just wants money, so enter a not guilty plea and when he appears at the court the DA will offer him a plea bargain for a lesser offense. Of course, this is if he has quickly paid the old taxi citation.

Being he is not a CDL holder this will be easy, no anti-masking statute to keep the orginal offense on his record. After he is convicted of a lesser charge you file a DataQ with the court records and they will have to remove it as he was not convicted of operating a CMV on a suspended license.
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youre such a wealth of knowledge. I can see how valuable your business is to transportation companies. Ive added asking about previous states drivers had licenses in to a new list of stuff to ask potential candidates.

Ridgeline said: ↑

I have a really stupid question ... Did you contact the insurance company and ask them?

You "heard" may be all too wrong.

Now before you hand me the line that you don't want them to know, they will find out and it is best to try to mitigate the issue right away with them to prevent them from dropping you.

AND ANOTHER stupid question - Didn't you do your driver's MVR check?

I also don't buy him not knowing about it.
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brian answered part of it, yes i checked his MVR but only for his current license state. and no i didnt ask the insurance company and dont plan on it. i rather ask for forgiveness then permission lol.

TankerYankr said: ↑

I'd put it right back on the insurance company if they tried anything. Like, "Hey, how come you guys didn't catch this when I went to hire this guy, and gave you his info? Maybe you should reimburse my expenses in getting the truck back on the road. I think I need to talk to my attorney." Put the ball back in their court, but only if they start something, don't go looking for problems.

It really boils down to the insurance companies fault for accepting the driver.
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if it comes down to it ill fight. im a new carrier so insurance agencies are limited.

Rideandrepair said: ↑

That’s right. Same with auto ins. If you State 5 mile radius recreation use only, then get into an accident 30 miles from home you’re still covered. I never heard anything from insurance regarding safety rating. I didn’t think they comb over it. Anyway, I don’t think you need worry about it. 2 OOS and dropped. I doubt it. If so take your business elsewhere.Lots if Conditionary status Carriers Operating with coverage. I doubt your at Conditional status yet. Keep it clean, it’s a 30 mo revolving record.
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my potential issue is im a new carrier. im pretty strict with rules so hopefully ill be good enough going forward. it just stinks that so much is on the driver.

ast26909 · Jan 25, 2019

Better keep the driver log in order, truck parking brake, trailer brake, trailer breakaway in working order these are things most likely cause your next OOS. The brakes MUST HOLD and not move an inch with the transmission in DRIVE.

Diesel Dave · Jan 25, 2019

I was surprised when my insurance agent looked thru my CVSA inspections at my renewal. First time of ever heard of it. Insurance companies are going everything these with a fine tooth comb. Even your credit score is a factor now. What’s next ?

Ridgeline · Jan 25, 2019

got it, you think that would be asking permission.

Why costs will be high has to do with your lack of being proactive in limiting risks that the owner and then the underwriters are exposed to, not just the drivers and their behavior.

New authorities don't seem to have a grip on how to lower risk, one reason why the dot has implemented a annual review for new authorities,

Atlanticus trucking · Jan 25, 2019

Ridgeline said: ↑

got it, you think that would be asking permission.

Why costs will be high has to do with your lack of being proactive in limiting risks that the owner and then the underwriters are exposed to, not just the drivers and their behavior.

New authorities don't seem to have a grip on how to lower risk, one reason why the dot has implemented a annual review for new authorities,
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I think its asking permission if i call because right now they dont know about it. I’d rather them have to do the work to find out when i renew. What i dont know is how much personal leeway an insurance agent has. In my mind I’m thinking that its done using a risk model that they dont have input in. I could be completely incorrect though. You would call the agent and disclose to build rapport/trust in hopes that they will push in my favor?

Ridgeline · Jan 25, 2019

I get that, but when they cancel you, then what?

Would I ?

I have called my insurance agent when I had driver issues.

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