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does my commercial auto policy cover employees who use their personal cars for deliveries

Whether an employee's own car is covered on a delivery turns on the coverages and covered auto symbols in your policy. A California regulator's guide and one insurer's page frame the questions to bring to your agent.

By PolicyBenchmarkPublished

Not automatically. The California Department of Insurance commercial insurance guide says a Business Auto Policy can cover non-owned or hired autos based on the coverage purchased and applied to each scheduled auto. As one insurer's example, Travelers says commercial auto policies don't automatically cover vehicles a business doesn't own.

What the California regulator says about how a Business Auto Policy is built

The California Department of Insurance describes the Business Auto Policy (BAP) as flexible. Autos can be scheduled separately with corresponding coverages, so coverage can differ by vehicle. A symbol or several symbols designate the coverage assigned to each scheduled auto. The guide calls these covered auto symbols and says they use a numerical system of 1-13.

That description applies to the Business Auto Policy form as the California Department of Insurance explains it. It does not tell you how your own policy treats an employee's personal car. Your declarations page, the covered auto symbols shown for each coverage and any endorsements show what was actually purchased. For general background on the line, see Commercial Auto Insurance: Coverage, Costs & Requirements and the California business insurance guide.

What one insurer says about hired and non-owned autos

Travelers is a carrier, so its page is a labelled example of one insurer's practice. It says hired and non-owned auto (HNOA) coverage addresses commercial auto liability damages, including settlements, judgments, attorney fees and other court costs. Its explanation of why a business may need HNOA is that the business could be held liable if "you or an employee is involved in an accident while driving for work purposes."

Travelers also states that restaurants making deliveries have a greater HNOA exposure and more risk, and it suggests regularly monitoring how much employees drive non-owned vehicles. On employee-owned cars, it says a personal auto policy may provide some protection for an employee's personal auto used in the business, and that "important limitations differ by carrier." Because those limitations differ, the actual wording of each policy involved matters more than any general description.

Worksheet: questions to confirm with your insurer

The California guide describes a broker-agent review that compares limits, exposure bases, business classifications, exclusions and endorsements to find gaps. These questions follow the same approach for employee-owned vehicles used on deliveries:

  1. Which covered auto symbols appear on each coverage line of my commercial auto policy, and what do they mean in this policy form?
  2. Is hired or non-owned auto liability included, and for which uses, such as employee deliveries or errands?
  3. What limit applies to that coverage, and does any exclusion or endorsement affect delivery work?
  4. How does the insurer treat an employee's personal auto policy when that employee is making a delivery for my business?
  5. Does my description of operations list delivery, and how many employees drive their own cars?

For a restaurant, do food delivery drivers I hire need to be on my restaurant's commercial auto policy looks at owned, hired and non-owned coverages from the driver-hiring side, and Restaurant Insurance: Opening, Operations and Renewal Checklist covers wider operations. The free business insurance quiz turns your own answers into an editable checklist with an on-device print/PDF option.

Have a question about your own situation? Send it to PolicyBenchmark.

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This content is for informational purposes only and does not constitute insurance advice. Always consult with a licensed insurance professional before making coverage decisions.