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  #1 (permalink)  
Old 03-13-2009, 12:13 AM
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Default disputing D A K

I have a problem about my D A K, today I got terminated for an accident that I did not do. The guy said I did, however I did not do this.
I was in in Mississippi and was bobtailing, I backed up to wait for another load, but when I was done backing up, a driver from the same company that I worked for told me that I hit his truck, I know I did not do the damage that was on his truck, there is no way, to bend his steps the way they were it would have not only shook my truck but also his. There was no damage or scrapes on my tires. This man did not even honk his horn, we both called our safety department, I told them my side, he told him his. This company did not investigate, nor the police were to be called. This was done on a city street. When I told the guy that I wanted to take pictures, and the guy just took off when I was back in my sleeper getting my camera.
Today I was called to come back to the terminal only to find out that they decided to take this guys words, without even looking at the damage or properly investigating this.
Anyway my question is..how do I go about disputing this? Who do I contact? I sure hope someone can help me, because now I am afraid that I will not get another job.
Thank you.
litlesis
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  #2 (permalink)  
Old 03-13-2009, 08:48 AM
# 1 Devil's Advocate
 
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Quote:
Originally Posted by litlesis View Post
I have a problem about my D A K, today I got terminated for an accident that I did not do. The guy said I did, however I did not do this.
not to get picky, but it IS DAC.....NOT DAK..........and i will TRY to help you.

Quote:
I was in in Mississippi and was bobtailing, I backed up to wait for another load, but when I was done backing up, a driver from the same company that I worked for told me that I hit his truck, I know I did not do the damage that was on his truck, there is no way, to bend his steps the way they were it would have not only shook my truck but also his. There was no damage or scrapes on my tires.
right now, you simply CANNOT PROVE that you DIDN'T DO THIS....

those steps are just stamped steel, and thin at that. it DOESN'T TAKE much to bend them. did you bend them "IN", or "DOWN", or "UP"....???

you might NOT EVEN get to see any danage on your tires, as the tread grooves were "probably" deep enough to "hide" any cuts INSIDE those grooves, IF ANY CUTS WERE EVEN MADE......!!

its hard to say, but first, DID YOU EVEN ONCE, GET OUT AND LOOK......??

BEFORE YOU BACKED UP.....??


Quote:
This man did not even honk his horn, we both called our safety department, I told them my side, he told him his.
that other driver, WAS NOT OBLIGATED to honk his horn, your backing was YOUR RESPONSIBILITY, NOT HIS......


Quote:
This company did not investigate, nor the police were to be called. This was done on a city street.
this IS YOUR PROBLEM......CITY STREET (public) and NO ONE CALLED THE COPS TO REPORT THIS.....??? that's a crime right there.....
you DO NOT have a leg to stand on. EVEN IF the safety dept told you NOT TO CALL the police, you SHOULD HAVE, to protect yourself, and if the guy took off, let the police decide if its a "hit and run" situation. even though, YOU WERE the one that did the "hitting".......

Quote:
When I told the guy that I wanted to take pictures, and the guy just took off when I was back in my sleeper getting my camera.
ok, your camera SHOULD HAVE BEEN closer than IN YOUR SLEEPER, like in any space above the driver's sun visor.....?????????????????


Quote:
Today I was called to come back to the terminal only to find out that they decided to take this guys words, without even looking at the damage or properly investigating this.
i don't think you ever mentioned HOW LONG you worked there over the other guy....are you a rookie driver.....???


Quote:
Anyway my question is..how do I go about disputing this? Who do I contact? I sure hope someone can help me, because now I am afraid that I will not get another job.
Thank you.
litlesis
what you have to do is this, go to this link:

www.usis.com

then go to the bottom of the page and look for "consumers" and click onto that link.

on the next page, look for "dispute" and click onto that link.

another page will come up, so PRINT it up.

on a seperate piece of paper, type up the EXACT situation.

fill out that form you printed up.

get a photo copy of your driver's license AND your social security card.

mail it to the address they give you..........

----------------------------------

it "might be" that the other driver damaged his truck a while back, and was "WAITING" for someone he could nail for it.

OR, it "might be" that YOU REALLY DID DO THIS.........as i said, those steps are THIN STAMPED STEEL, and your truck weighs what, 20,000-25,000 pounds.....?? you ain't gonna feel too much bending stamped steel...

either way.........it'll be on your DAC/USIS report for a long time (7 years minimum).

chalk it up as an accident, that at least YOU REPORTED to your company.

so any job application you fill out under "accidents in the past 5 years".......you say "yes", then explain, it was a "backing accident".......

don't sweat it too much..........shiot happens.......

at least you didn't kill someone..............
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  #3 (permalink)  
Old 03-15-2009, 03:05 PM
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If the incident is on you USIS report you can attest it by writing to USIS after acquiring and filling out the DISPUTE form.
Same info is required EVERY TIME one contacts this outfit for anything.
I would contest the info entered and as well have my explanation entered in/onto the file/record.

How new were you in comparison to the other driver?
Companies in and out of trucking are scaling down and finding ANY and NO reason to do such.

As far as mentioning the accident on applications: NO, DO NOT since it is not on record with the state where it occurred since there were no Police involved.
Sure, it seems it was used to terminate you however there is NO PROOF you actually did it other than someones witless rambling and heresay doesn't hold up.
The damage is minor if in fact it even occurred at all.

>>This is just for future reference<<
NEVER park next to anyone anywhere if/when there is plenty of room elsewhere. Like a lot of US, WE CREATE parking spots.
- -
For pro1driver and others:
Most Tractors (Bobtails) weigh on average up to 18K (Frtlnr, KW, Pete, Intrntnl), except of course for Volvo which can be 20K.
I know not about the newest Models.
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  #4 (permalink)  
Old 03-20-2009, 04:59 PM
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Thank you guys.... I have had several driver friends to do the same. There are several drivers of my company that are upset that this happened to me. They told me to get an attorney to sue them, mainly because I have been fighting with them for months on my layover pay, they owe me 20 days.

Hey Pro1....I seen a guy that looks and acts like that on the road when I was down south. Was that you?

Thanks again
Sandy (litlesis)
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  #5 (permalink)  
Old 03-20-2009, 05:00 PM
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Whoops.... I meant "I have had several friends tell me the same"...not I have had several friends do the same.
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  #6 (permalink)  
Old 03-20-2009, 05:27 PM
# 1 Devil's Advocate
 
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Quote:
Originally Posted by litlesis View Post
Thank you guys.... I have had several driver friends to do the same. There are several drivers of my company that are upset that this happened to me. They told me to get an attorney to sue them, mainly because I have been fighting with them for months on my layover pay, they owe me 20 days.

Hey Pro1....I seen a guy that looks and acts like that on the road when I was down south. Was that you?

Thanks again
Sandy (litlesis)
sorry to say sandy, but the furthest south i have been in (about) 4 years has been, Fox Wood's casino in the state of connecticut.........!!!

and when i play the slot machines................

sometimes that IS ME when i don't have my coffee by my side.........!!!!
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