False Information About Accident History

Discussion in 'Experienced Truckers' Advice' started by BigTime1980, Jan 10, 2024.

  1. BigTime1980

    BigTime1980 Bobtail Member

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    Mar 1, 2021
    Herkimer, NY
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    How do I solve it?
     
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  3. BigTime1980

    BigTime1980 Bobtail Member

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    Mar 1, 2021
    Herkimer, NY
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    The "notice" I got is a phone conversation, and he didn't identify his insurance or who they communicated with.

    I haven't done an MVR yet. I'm trying to figure that out.

    BTW, how do I get a copy of whatever they have on me at Hire-Rite? You used to be ably to request a copy of it when you apply to trucking jobs that use the TenStreet web portal, but the last few times I did an online application, I never saw that option. I went straight to Hire-Rite's website and filled-out a request a couple of months ago, and they haven't sent one yet. That was shortly after Thanksgiving.
     
  4. Stringb8n

    Stringb8n Road Train Member

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    Ya don't say? You'd request the hireright report the way you explained that you already did request it, through their website. If they didn't send it to you already, you could contact an attorney, or send a demand for them to comply with the law. It is a federal law, that requires they provide it to you, within 30 days of receiving your request. They likely may try to claim they never received it though. What I would do is fill out the form again, and also print it after filling it out (use print screen if you have to) and mail a copy of the request to them, certified mail return receipt requested, while also still submitting it online. Hireright, in my case at least, had a DWI of someone elses information they were saying was me. Unfortunately, they remedied the issue before I could nail their ### in a lawsuit, since it didn't cost me any employment opportunity in the allowable period for me to recover any damages from it.

    As for the notice I mentioned, I am not sure if it would only apply that they have to provide one to you if they used information from a consumer report, or regardless where they obtained the information. Hireright, is for all intents and purposes however, a consumer reporting agency as defined by 15 USC § 1681et seq.
     
  5. Antinomian

    Antinomian Road Train Member

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    Feb 17, 2013
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    Insane thinking?

    Do you know what "strict liability" is? That's when you are considered liable for damages in an accident even though the other guy was at fault. Courts use the strict liability rule when one of the litigants was breaking the law at the time of the accident (e.g. like parking on a ramp). It's kinda the civil law equivalent of the felony murder law.

    Company sitting duck policies can be strict. Landstar, for example, will terminate a driver's contract just for parking on a ramp. No accident necessary. Let them find out and you're gone.
     
    Last edited: Jan 12, 2024
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  6. AchioteCoyote

    AchioteCoyote Light Load Member

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    Jul 24, 2011
    West Jordan, Utah
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    Yes - you will notice my choice of words to be "...was my belief..." ~ because I did learn a lot from my experience as a Recruiter and Recruiting Manager directly from the Safety Director. He may have been an 'a-hole' at times, but his priorities were always in-check. Though I don't work for the company any longer, I am still in contact with him on occasion to ask questions as to what he would recommend.
     
  7. Barricadebouncer

    Barricadebouncer Light Load Member

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    Apr 11, 2022
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    Regarding earlier post about going to bat for the guy that got hit while parked in an emergency lane, I’m with the safety director for once.

    Let’s think this through. Suppose the person who hit him wasn’t drunk. Instead let’s say a car was making a left onto the on ramp and a ball joint failed and came loose. The passenger side tire didn’t turn and the car ran ito the side of the tractor or trailer. If he wasn’t parked there chances are the car would have come to a stop in the emergency lane or the grass on the other side. Let’s go one step farther and assume it was a convertible corvette and it ran under the trailer and the driver was decapitated. The result is a $20M+ judgement against the carrier. All because a selfish driver chose a convenient, yet illegal place to park.

    I would have gotten rid of him as well. His actions showed both stupidity and selfishness. Stupid because he didn’t think about the possible consequences of his actions. As a driver we makes hundreds of decisions daily based off possible consequences. Selfish because he’s a professional driver and should have known the possible consequences of his actions and still chose the path of least resistance.

    The reasoning is simple. If he knowingly exposes his company to that sort of liability what else will he do?
     
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  8. Ex-Trucker Alex

    Ex-Trucker Alex Road Train Member

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    Jan 7, 2023
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    Just to think, I remember more than 1 time taking my sleep break on the PA Turnpike at Sideling Hill, where there was a really big shoulder area (which was the pavement that used to go to the abandoned tunnel), and there was always at least a half-dozen trucks parked there, catching some sleep. We'd just pull over, about 100' from the slow lane, and park by the edge. Never got bothered by State Troopers there, either. You couldn't spend TOO long there, though, since you were only allowed 24 hours from the time you entered the Turnpike until you had to leave it....
     
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