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Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 20997
Experience:  30 years experience representing clients.
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Good Morning I was a owner operator contracting for a moving

Customer Question

Good Morning I was a owner operator contracting for a moving company in 2007 and was involved in a accident following accident i contacted dispatch and state police which state police didn't require me to take a drug alcohol test nor dispatch i was ticket for failing to reduce speed so dispatch said to complete job for today then come back to terminal which i did 5 hours later did company accident report paperwork at office appx 4 hours then he sad i can go home he had all he needed gave me my work assignment for next day so next day i went out on job and following a phone call from office stating that headquarters need me to take a drug alcohol test so i did then 3 days later i got a phone call fromoffice stating that i was disqualified for failing to take drug alcohol test within 10 hours of accident which i stated management ,dispatch or state police ask me to take one but they said i was responsible for getting it done which i replied i cant just walk into a cliet and get a test done they have to call and authorize it but they didn't want to hear that so to cut a long story short i was terminated lost my contract which was 99 percent of my family income cause my life to take a 360 turn have lost business vehicles and still fighting trying to keep home 6 years later which none of this would probably would have happen if proper procedures could have been taken just by simply sending me 3 blocks to take a test so even when i tried to move truck to a good paying trucking company they would not hire me because they seen in a dac report refused to take drug alcohol test is there anything can be done at this point or is it to late
Submitted: 1 year ago.
Category: Legal
Expert:  Loren replied 1 year ago.
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to answer your question and provide excellent service.

Before we begin, a bit more detail would be helpful please.

Did the accident cause physical injury?

Have you taken any steps to challenge the DAC entry?

What was the disposition of the citation?

Thank you.

JudgeLaw

Customer: replied 1 year ago.

Other driver complant of neck pain so ambulance came.I believe I wrote them and they said they couldn't remove ghe info united would have to withdraw there submission.I believe it came dkwn to driving to fast for condition which was different that I was told at the seem but I had to pay I think a 125 dollar ticket I don't think anything went on my license

Expert:  Loren replied 1 year ago.
Thank you, XXXXX XXXXX the additional information.

I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.

The DAC is similar to a credit report in that it follows you and the reporting agency is required to remove any inaccurate information.

Since the information is not accurate, if United will not withdraw the report you may consider retaining local counsel to file a defamation action against them. Actually it would start with a demand letter to retract the inaccurate report.

If this does not get a retraction, you will need to file suit for defamation. This cause of action is specifically for damage caused to one's reputation. To establish a prima facie case of defamation, four elements are generally required:

1. a false statement purporting to be fact concerning another person or entity;

2. publication or communication of that statement to a third person;

3. fault on the part of the person making the statement amounting to intent or at least negligence; and,

4. some harm caused to the person or entity who is the subject of the statement.

This involves complex litigation and it is strongly advised that you retain local counsel to assist you in protecting your rights before taking any action in this matter. Additionally, it has a very short statute of limitations (1 year) which you will need to figure a way around.

If you need assistance in finding an attorney, contact your state or local bar association. You can also try Martindale Hubble. Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:
http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database of attorneys searchable by location and specialty.

It has been my privilege to assist you. Let me know if you need further assistance. I hope I have helped you beyond your expectations in the service I have provided to you. I am here for you.

Please remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested.

If you feel the need to provide a low rating, please stop and reply to me via the REPLY button with whatever issue or clarification you may need. I will happily answer your follow-up questions and assist you until I am able to explain the answer to your satisfaction. Please also remember that I cannot control whether the law is favorable to your situation, so please do not penalize me for having to deliver bad news.

Thank you.

JudgeLaw
Customer: replied 1 year ago.

If statue of limitation is passed is there any need to pursue I even tried this year to get qualified through a local agent of united and they are still refusing to qualfy me

Expert:  Loren replied 1 year ago.
Thank you, XXXXX XXXXX following up with me.

Yes, at this point, I would investigate all avenues. You may also want to try looking to smaller companies.

In any event, I would still sit down with an attorney and at least get a letter out. The fear of legal fees may spur some action on United's part and the information is inaccurate. So. it is possible that your attorney may be able to get it removed, or, at least, modified so that your version is reported.

Thank you.

JudgeLaw
Customer: replied 1 year ago.

Even though also I went from 6 figures a year to uneployement

Expert:  Loren replied 1 year ago.
Yes. There are always options. Even if the entry is not removed completely you may be able to get it modified so it is less harmful and you could be employable again.

By the way, be careful with companies that promise to get you DAC modified and charge a large fee upfront. Just as in the credit repair industry, there are predators in this business as well.

Thank you.

JudgeLaw
Loren, Attorney
Category: Legal
Satisfied Customers: 20997
Experience: 30 years experience representing clients.
Loren and 5 other Legal Specialists are ready to help you
Expert:  Loren replied 1 year ago.
Thank you for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "JudgeLaw" or use the following link (which you can bookmark in your browser):  http://www.justanswer.com/law/expert-JudgeLaw/
          

Best wishes and good luck to you.

If it is not too much trouble, Charles, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please do rate me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.

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