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I need help!!!!
I worked for JB Hunt for about a year. Then I went to leave for a local trucking company in my area. Well, now this comapany is going down. And so I went to apply for OTR trucking jobs and I found out that JB Hunt put a lane change side swipe on my DAC. This NEVER happened. I was NOT in any accident at all. I never knew anything about it until I went to apply at the other jobs. I was never contacted by JB or anyone else for that matter. I called JB up and they said oh well. Now I need to know how to get it off? There isnt any proof and I called one of those trucker attorneys up and for 375.00 they can get it off. I dont have 375.00 dollars. Im about broke as it is now. So does anyone know of anyone out there that can help me? Im about to lose my house if I cant get to another trucker job fast. Please can someone help? thank you.:
I just called USIS and they said Im NOT in their system. I had her look me up by my SS number and name and she could not find anything. So now what? |
Contact DAC/USIS and get a copy of your DAC....since you have been denied employment, you should be able to get it free.
Write a businesslike rebuttal to JB's claim. You will be limited to 100 words, I believe. Send it registered return receipt to DAC. JB will only have 30 days or so to support the claim with proof or it has to be returned. You might also want to have certified copies of your rebuttal made and submit them with any application you submit. There is a specified method to rebutting bad claims on a DAC report. You might also want to send a certified return receipt letter to JB's Safety VP, politely demanding (requesting) any and all documentation regarding the alleged incident, to include any damage reports, accident reports, etc. Also state that a failure to respond within 14 days of receipt will be considered an admission on their part that their post of an incident on your DAC is false, and in that event they are obliged to immediately remove it. Its your livelihood at stake, and you need to grab the bull by the horns. |
Originally Posted by Rainedrop
(Post 446168)
I worked for JB Hunt for about a year. Then I went to leave for a local trucking company in my area. Well, now this comapany is going down. And so I went to apply for OTR trucking jobs and I found out that JB Hunt put a lane change side swipe on my DAC. I never knew anything about it until I went to apply at the other jobs. I was never contacted by JB or anyone else for that matter. I called JB up and they said oh well. Now I need to know how to get it off? There isnt any proof and I called one of those trucker attorneys up and for 375.00 they can get it off. I dont have 375.00 dollars. Im about broke as it is now. So does anyone know of anyone out there that can help me? Im about to lose my house if I cant get to another trucker job fast. Please can someone help? thank you.:
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Responce to you
I was NEVER in any accident. It never happened !
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Dac
As a creditor under the law DAC HAS TO give you a copy of the report. Lately I've heard this from a number of drivers so I've been reading up - but I'm not an attorney so check with one first - but this is defamation of character directly leading to you not being able to find employment. If you HAVEN"T ( and you'll want to be honest with an attorney ) been in an accident, and they can't prove with a ticket otherwise, they I would think you have a case.
It break down to their actions directly effect your ability to get a job - now many attorneys have never heard of DAC so you may have to explain it to them - but the fact that their suing JB Hunt the money might motivate them to action. Alternative - DACFIX.com ( tell Victor Paul Still says hi ) - the guy used to work for DAC and knows the hoops and holes in the system, and cheaper then an attorney. Why is no one starting a class action suit against DAC? A company that effects a drivers life so directly, and yet never looks for verification on whatever the company reports - this "trust me" attitude is just wrong on their part. |
OK, you said it never happened, period. Have you done as suggested:
Originally Posted by Skywalker
(Post 446186)
Contact DAC/USIS and get a copy of your DAC....since you have been denied employment, you should be able to get it free.
Write a businesslike rebuttal to JB's claim. You will be limited to 100 words, I believe. Send it registered return receipt to DAC. JB will only have 30 days or so to support the claim with proof or it has to be returned. You might also want to have certified copies of your rebuttal made and submit them with any application you submit. There is a specified method to rebutting bad claims on a DAC report. You might also want to send a certified return receipt letter to JB's Safety VP, politely demanding (requesting) any and all documentation regarding the alleged incident, to include any damage reports, accident reports, etc. Also state that a failure to respond within 14 days of receipt will be considered an admission on their part that their post of an incident on your DAC is false, and in that event they are obliged to immediately remove it. Its your livelihood at stake, and you need to grab the bull by the horns. Have you even called JB's Safety Department to ask them why a report like that shows up on your DAC....who knows...if they find they "screwed up"....maybe they'll fix it. But you have to take the actions necessary to get the "bull by the horns"..... |
Originally Posted by everytruckjob.com
(Post 446476)
As a creditor under the law DAC HAS TO give you a copy of the report. Lately I've heard this from a number of drivers so I've been reading up - but I'm not an attorney so check with one first - but this is defamation of character directly leading to you not being able to find employment. If you HAVEN"T ( and you'll want to be honest with an attorney ) been in an accident, and they can't prove with a ticket otherwise, they I would think you have a case.
It break down to their actions directly effect your ability to get a job - now many attorneys have never heard of DAC so you may have to explain it to them - but the fact that their suing JB Hunt the money might motivate them to action. Alternative - DACFIX.com ( tell Victor Paul Still says hi ) - the guy used to work for DAC and knows the hoops and holes in the system, and cheaper then an attorney. Why is no one starting a class action suit against DAC? A company that effects a drivers life so directly, and yet never looks for verification on whatever the company reports - this "trust me" attitude is just wrong on their part. |
[QUOTE=Rainedrop;446168]I worked for JB Hunt for about a year. Then I went to leave for a local trucking company in my area here in Illinois. Well, now this company is going down. And so I went to apply for OTR trucking jobs and I found out that JB Hunt put a lane change side swipe on my DAC. This NEVER happened. I was NOT in any accident at all. I never knew anything about it until I went to apply at the other jobs. I was never contacted by JB or anyone else for that matter. I called JB up and they said oh well. Now I need to know how to get it off? There isnt any proof and I called one of those trucker attorneys up and for 375.00 they can get it off. I dont have 375.00 dollars. Im about broke as it is now. So does anyone know of anyone out there that can help me? Im about to lose my house if I cant get to another trucker job fast. Please can someone help? thank you.:
I just called USIS and they said Im NOT in their system. I had her look me up by my SS number and name and she could not find anything. So now what? Ok we have a attorney that someone here recommended. Thank you so much for that!! But, now Im wanting to sue JB Hunt. They can not continue to hurt drivers like this without some kind of payback. I know it might sound stupid and far fetched. But, they guys are keeping me from getting any trucking jobs for up to 8 weeks. Because thats how long its going to take my attorney to get that removed from my DAC records. So, heres my question to ya'll. What kind of attorney am I lookin' for to sue these guys? I have an attorney to get my DAC cleared. Now Im after JB Hunt for deflimmation of charcter and lost wages. So exactly what kind of attorney do I need for that? |
Have you asked (in writing) JB to issue a letter that the DAC report is incorrect? I would think that would be the first step before you can litigate.
You can search for an attorney using the below listed links: Premier Attorney Directory, Find a Lawyer - HandelontheLaw.com browse legal topics, can I sue, who can I sue, help finding an attorney, know your rights, find the right attorney, recent legal news and events |
Originally Posted by Rainedrop
(Post 446536)
Thank you so much! We contacted this company and Victor is working with us. He said he will help clear the DAC report and in around 8 weeks ( Im hoping sooner) I can go to Schneider. I just hope its sooner. Now my next question. I seriously thinking suing for deflimation of charater and lost wages. As I could have been working if it was not for JB Hunt. So , heres my question. Im in Illinois. So what kind of attorney am I looking for? Because JB can't continue to hurt drivers in this way without some kind of punishment. They think just becasue they are Mr Big they can screw anyone they want. Not me! I want a attorney to sue. But, what kind???
Exactly what do you expect to sue for? At most a couple months wages - not enough money, no attorney will mess with it. If indeed there was no accident, JB will say oops my bad it was a mistake, delete the entry and say no harm no foul. |
I wouldn't bother with an attorney..... if you hired one, he or she will probably want a $10,000 retainer (nonrefundable) to take the case.....and unless you want to piss alot of money down a blackhole on a gamble that you will win.... Just get the issue corrected and move on.... reality sucks....but its still reality.....
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If it were me I would start with a letter to DAC and have them investigate. DAC only reports what has been sent to them. In addition, I would also contact JB Hunt and ask for any documentation as was suggested earlier. In a situation such as this you need to be proactive. I am not sure it would do much good to sue JB Hunt unless it was done maliciously, which I doubt. Once you or anyone finds out that there is something on their DAC it is critical to confront the situation ASAP. The longer you wait the more difficult it may be to remove any negative information. If you have a good relationship with your former dispatcher you might want to contact him/her and see if they might lend some assistance.
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I'm from Canada, so our legal system might be slightly different (and we might be less likely to sue), but here's what I'd do: Phone up the law society of your state and see if they have a legal aid process or at least some sort of free consultation. From what you've written any lawyer worth their salt will help you draft a letter to JB Hunt - perhaps for free.
The goal of your letter is to work with JB Hunt to rectify the situation. You'll probably end up requesting that your record be cleared and some sort of letter that clarifies that any such accident did not happen and that any reports of this accident are false (you might be able to use this in future job applications). You're not looking for an admission of fault (ie. something that could be used to sue JB Hunt at a latter date). Any good lawyer can walk you through this process and, coach you on what to say and how to say it. This might also be a case where an investment of $2-300 in a lawyer can save you a lot of grief in the future. And BTW, contrary to popular belief, most people hire lawyer to keep them out of court, not blow $$$ going into it. Most of the lawyers that I've dealt with realize this. As others have stated I wouldn't bother trying to sue - if nothing else you might not get any references from JB Hunt. |
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