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Fleet cost & safety

When hired and non-owned auto coverage matters for a contractor

The trucks on your schedule aren't the only vehicles your business drives. Rentals, borrowed trucks and employees' own cars can all put the company on the hook when they're used for work.

Quick answer

Hired and non-owned auto typically covers your business's liability when people drive vehicles you rent, borrow or don't own for work, such as a rented box truck or a project manager's own car on a site visit. It generally doesn't pay for damage to the rental or replace the employee's personal insurance. Many contractors need it even with a full owned fleet.

01The trips your schedule doesn't see

Picture an ordinary week. A superintendent drives his own pickup to a site walk. The office manager takes permit drawings to the city in her car. A company truck goes into the shop, and the crew rents one for three days. A foreman borrows a relative's flatbed to move scaffolding. None of those vehicles is on the policy, and in every case the person behind the wheel is working for you.

If one of those trips ends with someone hurt, the injured party's attorney is likely to look for every policy within reach, and the employer is an obvious one. For a personally owned car, the employee's own policy usually responds first, since California's Insurance Code generally treats the policy that describes or rates a vehicle as an owned auto as primary and other policies as excess. Its limits may be modest, though, and the claim against the business can run past them. Hired and non-owned auto coverage is how a business auto policy typically answers that claim.

It's a small piece of a full commercial auto insurance in California program and one of the pieces most often missing until something goes wrong.

02Hired and non-owned are two different things

The two halves are sold together so often that people treat them as one coverage. They aren't. The Department of Insurance's commercial guide describes a business auto policy as flexible enough to cover hired and non-owned autos alongside the ones a company owns, which is why each piece has to be chosen rather than assumed.

  • Hired autos are vehicles the business rents, hires, leases short-term or borrows: the rental pickup, the borrowed flatbed, a box truck rented to move a yard. On standard business auto forms this is covered auto symbol 8.
  • Non-owned autos are vehicles the business doesn't own, rent or borrow that are used in its business, most often employees' personal cars. This is symbol 9.

Some fleets carry symbol 1, any auto, which generally covers owned, hired and non-owned liability in one stroke. Our comparison of scheduled autos vs any auto coverage explains when that's worth it. Whatever the structure, read the actual policy. The letters HNOA on a certificate don't tell you what the forms say.

Official sources

More detail

03What it usually doesn't cover

Hired and non-owned is generally liability coverage. That leaves gaps owners are often surprised to find:

  • Damage to the rented vehicle. Hired auto liability is built to pay for injury and damage to others, not the rental itself. That usually takes hired auto physical damage, the rental company's damage waiver or both.
  • Trucks outside ordinary rental protection. Credit card rental benefits often exclude trucks, cargo vans and business use, and waivers on larger rental trucks can carry steep deductibles. Check before the crew picks one up.
  • The employee's own car. Non-owned coverage is meant to protect the business. It typically doesn't repair the employee's vehicle.
  • The employee's personal liability. The employee's own auto policy stays their protection; non-owned coverage generally doesn't stand in for it.

If you rent trucks regularly, ask for hired auto physical damage sized to what you actually rent. A rented ten-foot box truck and a rented dump are very different values.

04Rules for employees who drive their own cars

Non-owned coverage works better with a short written policy behind it:

  • Only approved employees drive their own vehicles for work, and approval follows an MVR check.
  • Each one carries personal auto insurance at limits you set in writing, with proof collected every year.
  • Personal vehicles aren't used to haul materials, tow trailers or carry crews.
  • Any accident on a work errand is reported to the office that day.
  • Mileage reimbursement doesn't change any of the above.

Watch for the employee whose personal truck has quietly become a company truck. If a foreman drives their own pickup to job sites every day with your tools in the bed, it may belong on your schedule instead. Our comparison of when to list an employee's vehicle walks through that choice. Approving drivers and checking their records is also part of the controls described in fleet safety and claims defense, and our guide to hiring drivers and checking MVRs for a fleet covers the record review itself.

05Long rentals, leases and subcontractors

A few situations sit on the line between hired autos and owned ones, and contractors tend to run into each of them.

  • Long rentals. A truck rented for a weekend is usually a hired auto. One rented month after month for a long project starts to look like part of the fleet, and many underwriters want it scheduled. Tell us when a rental stops being temporary.
  • Leased trucks. A vehicle on a long-term lease is usually treated like an owned truck and belongs on the schedule, with the leasing company named as the lessor or loss payee as most leases require.
  • Equipment rentals that come with a truck. A rented boom truck or a water truck may arrive with the rental company's operator or without one. Who drives it can change whose auto policy answers first, so read the rental agreement before signing it.
  • Subcontractors' vehicles. Subs who drive their own trucks to your jobs should carry their own auto liability and send you certificates. Your non-owned coverage may respond if your company is pulled into a claim, but it's a backstop, not their insurance.

When in doubt, describe the arrangement to your broker before the vehicle is on the road. Fixing the structure afterward, once a claim is open, is usually far harder.

06Contracts, umbrellas and certificates

General contractors, owners and public agencies commonly ask subcontractors for auto liability covering owned, hired and non-owned vehicles, usually at a $1 million combined single limit. A contractor with two trucks and no hired and non-owned coverage can fail that requirement even though its own vehicles are insured.

An umbrella or excess policy over the auto should recognize the same exposure. If the umbrella's underlying schedule reaches only owned autos, a serious crash in an employee's car may never get to it. Umbrella and excess coverage is placed separately, and it should line up with the auto policy before any certificate goes out.

Renewal is a good time to confirm all of this, and our renewal checklist includes a step for listing employees who drive their own cars. The coverage itself is explained on our hired and non-owned auto insurance page. When you're ready, get a quote that includes hired and non-owned.

Rentals, borrowed trucks and employee cars

Hired and non-owned questions

Does hired auto liability pay for damage to a rented truck?
Generally not. Its job is injury and damage to others, so damage to the rental itself usually takes hired auto physical damage or the rental company's waiver.
Does an employee's personal policy protect our business?
Only partly. It usually responds first, but the business can still be sued, and the claim can exceed the employee's limits. Non-owned coverage is designed to handle the business's side.
We don't own any vehicles. Can we still get this coverage?
Sometimes. Some markets write hired and non-owned on its own for businesses with no owned vehicles, often alongside their other business policies.
Is hired and non-owned the same as any auto coverage?
No. On standard forms, any auto, symbol 1, includes owned, hired and non-owned liability together. Hired and non-owned on its own generally reaches only vehicles the business doesn't own.

Requirements change without notice. Confirm what applies to your fleet with the agency before relying on it.

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