False Information About Accident History

Give him a copy of the accident report to send to his company

 

If it was your personal car, I'm not quite sure why it would matter to the insurance company, but am also aware that insurance companies tend to have their hands in a lot of trucking company hiring decisions. Be aware that 'At Fault' and 'Preventable' are two different distinctions and that the insurance companies, as well as the Safety Director of the trucking company tend to use 'Preventable' as the ultimate, broad basis of decision. As a former Recruiter and Recruiting Manager, I fought and fought my Safety Director to approve the hiring of this one applicant that was clearly not 'At Fault' for a four-wheeler to have side-swiped him, while he was parked in the emergency lane on the exit of a freeway. The four-wheeler was drunk and charged with a DUI and the applicant was clearly not 'At Fault' for the accident. However, the applicant was parked in the emergency lane on the exit of a freeway - for a ten-hour reset, which is against the law and was deemed as a 'Preventable' accident because the applicant "shouldn't have been there" to conduct his ten-hour reset. Insane thinking was my belief, but we couldn't hire him due to the technicalities of 'Preventable' conditions.

 

For what?

There is no liability for it, so they will get it dismissed in a matter of a nanosecond.

No one's fault, so just send the insurance company the police report number or the actual report and get it corrected, this happens all the time.

I would never have hired the guy because he was parked where he wasn't supposed to be and is at fault no matter who hit him. Emergency lanes are not for sleeping - period.

 

Sorry you may not seen the quote I used. Wasn’t talking about your situation, talking about ACHIOTECOYOTE post. Your situation is easily solved.

 

Man, this reminds me of a mess that took me about a year to clear up. I think it was 1990, maybe early 1991, and I had a regular long-ish distance automotive run that took me past my house every other day. So I ran my schedule around sleeping in my own bed on alternating days. My street was too skinny to park a 53' trailer on, but I was just off a very wide, sparsely trafficked street, which was on the edge of an industrial park. I parked my truck there, under a street light, and only on the days I was running with return empty racks.

Well, one snowy night, a car smashes into the back of my trailer; with a big bright-yellow painted pair of doors. Driver was drunk, driving 50 mph on 6" of fresh snow. Passenger was killed in the accident. Damage to my trailer was minimal; just a slightly bent ICC bar. Three other vehicles were also damaged in the accident. My company's safety director tried to claim I was 'partially at fault'; even tried to suspend me for a week. A quick call to the NY Dep't of Labor made him reconsider. I guess that put a target on my back, because 3 months later, I got fired for 'dubious' reasons, but at that point I'd decided it was time to get out of the industry.

That summer, though, I got a summer job driving a truck in household moving (which I kept at part-time once college classes started in the fall), but wouldn't you know that d@mn safety director put that accident down as an 'at fault' fatality accident. Luckily, I kept ALL the police paperwork, and even contacted an attorney to see about suing them. Got a quick retraction of the accident claim, and a couple grand to drop the suit...

 

If you're ever involved in any kind of accident, get every single piece of documentation (especially LEO) you can, and keep it FOREVER. I got T-boned by a kid running from the cops in a stolen car, which caused him to hit a light pole. Over a year later, I get a call from the city trying to bill ME(!!!) for the pole HE hit. When they started getting aggressive, I sent them the police report and told them I'd sue if they ever contacted me again.

(BTW, I'd say that the City of Minneapolis should go straight to hell, but it seems like they've already done so.)

 

Always obtain any PD reports involving your CDL.

Until the accident is over 5 years -or- more then it shouldn't become an issue to anyone revewing your CDL history, otherwise you need it to show 'fault'.

 

You should be able to get it cleared up with the company insurance company by giving them the police report you mention. As for trying to sue someone, the insurance company got the information from someone. Just because the insurance says its "at fault" doesn't make it so. So this means that whoever they got the information from could have something listed inaccurately. You'd have to first find out who the report was from that the insurance saw, which they construed as at fault, if it in fact says that at all. As for the company you applied to, it sounds like they complied with providing a notice of adverse action. That would be an issue possibly if they hadn't. But it has resulted in you being "denied" employment, right? Or is the employer giving you a chance to rectify the situation?

Have you ordered a copy of your MVR yourself from your state to see what it states on the MVR?