No Points but insurance rejecting me

Discussion in 'Experienced Truckers' Advice' started by TruckerJeez, Oct 7, 2024.

  1. TruckerJeez

    TruckerJeez Bobtail Member

    2
    1
    Oct 7, 2024
    0
    I’ve been driving trucks for over 7 years. I have zero points on my license, personal or commercial. Last winter I hit black ice in North Dakota and was put in a ditch. No other vehicle involved. Needed a wrecker to pull me out then I continued driving west immediately after. From that incident I was issued a citation for “truck care needed”. That was it. I ended up leaving that company a month later because I was tired of going west I-90 during the winter. Too dangerous. Now I’m currently applying for jobs to go back on the road and am being told by recruiters that my application is rejected and they don’t know why even though it’s no points on my license. I finally was able to speak to an insurance rep from a small O/O company and I asked hey why did I get rejected. My former company, upset I left reported “distracted driving” on whatever the report is called that only insurance companies can see. Need some advice in 1 looking for a job. And 2 how can I refute the distracted driving claim that I know now they put on my record in spite.
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. ibcalm19

    ibcalm19 Road Train Member

    1,463
    2,433
    Nov 30, 2015
    Pennsylvania
    0
    That insurance report is called CLUE. The only thing I can see using to refute their claim is the police report. I don't know if that will help you. Is the police report leaning towards saying you were distracted by saying "truck care need". I would say apply everywhere you can hopefully you get a company that will give you an opportunity to drive again. God bless you on your journey.
     
    tscottme and Iamoverit Thank this.
  4. Stringb8n

    Stringb8n Road Train Member

    1,329
    1,447
    Sep 27, 2015
    0
    CLUE (Comprehensive Loss Underwriters Exchange) reports are offered by LexisNexis I believe. As such, they too are subject to the Fair Credit Reporting Act. So, request a copy of your report from LexisNexis and go from there with trying to dispute whatever entry you wish to try to dispute. You can google it and probably request a copy of the report from LexisNexis online. If you get a copy of the report and it is on that report that the company reported "distracted driving" and it is not true, then you may be able to contact an attorney to help you with this issue, if after disputing the entry on this consumer report of yours the company (LexisNexis) or the employer who put this entry in this report does not remove it. I am not saying an attorney will definitely help you, but if it is false and has cost you employment opportunities, it may be worth while to get an attorney involved.

    Also, I could be wrong, but I think under the Fair Credit Reporting Act, if an employer does not hire you based (in whole or in part) on something contained in a consumer report (such as LexisNexis Clue Report), they have to tell you by giving you a notice of adverse action. If they are required to do that, to provide a notice of adverse action and failed to do that, then there may be some issues for the employers who didn't provide that. Simply saying "oh we don't know why we can't hire you" doesn't satisfy that matter, if it applies. If I understand the FCRA damages for this type of issue it is up to $1,000.00 per violation. I would definitely seek the help of an attorney the more I think about it. But that is just me.
     
    Last edited: Oct 7, 2024
    Oxbow, handlebar, Bean Jr. and 3 others Thank this.
  5. Iamoverit

    Iamoverit Heavy Load Member

    850
    2,054
    Oct 31, 2023
    0
    Why not contact the insurance person who told you about the clue report?

    The fact you got a citation sounds suspect frankly. Are you sure you aren't leaving any details out here? Do you still have the paperwork the police gave you?

    If you have the police paperwork, you can contact the insurance company that's claiming you're distracted status on their CLUE report, send them proof and have it corrected.

    Otherwise, you may have to hire an attorney to handle it for you.

    Also, if you truly were not distracted and have the original police citation then maybe you can hire an attorney to sue your former employer for defamation.
     
  6. TruckerJeez

    TruckerJeez Bobtail Member

    2
    1
    Oct 7, 2024
    0
    yes I still have the citation. Luckily I sent a photo and sent to company when I received it. “Truck care required” $30 citation. No points.
     
    Iamoverit Thanks this.
  7. tscottme

    tscottme Road Train Member

    Your MVR IS NOT THE ONLY RECORD EMPLOYERS CHECK. Each CDL driver has a PSP Report, some trucking companies report/read DAC Reports (HireRight.com), and when an insurance company pays a claim (maybe there is a threshold amount, maybe not) that info is put into an insurance industry database for all other insurance companies to see also.

    If your DAC or Hire Right report is the problem you have the same rights with DAC as you do with a credit bureau. If you follow the rules EXACTLY you can possible remove incorrect information, submit your statement about the entry that is given to anyone requesting your report, challenge the accuracy of the report & have it removed if inaccurate, and you can get AT LEAST one free Hire Right report every year, plus as many as you want to pay for. When I last got my DAC Report I chose email my report. DAC waited 15 days and then gave me a link to read it online. I believe someone more recently said it no longer takes that long.

    Follow the procedure at HireRight.com
    Getting a copy of your DAC Report
    Disputing an entry in your DAC Report

    You can also not work at the 10-25% of trucking companies that use DAC. Not every company uses DAC. Most companies do not.
     
    Numb Thanks this.
  8. wis bang

    wis bang Road Train Member

    3,226
    3,686
    Jan 12, 2011
    Levittown, PA
    0
    Get a copy of the police report making sure to get the 'key' that interprets the little boxes in the margins as those answers show the officer's investigative input which will support their reasons for writing a citation.

    All of the reporting agencies listed above need to be checked and then submit a rebuttal about your reduced speed looking for weather hazards but the black ice won; you were not distracted...

    This will be show underneath the report to anyone inquiring about your records. Spend time making your rebuttal so it presents you as not distracted in any way.
     
    tscottme Thanks this.
  9. Wargames

    Wargames Captain Crusty

    3,018
    7,074
    Jul 22, 2010
    WI.
    0
    I have no idea ha ha ha , good luck buddy
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.