Employee using own car for work
Two auto policies are in play, and they protect different people. The employee's personal policy insures the car, and ISO's 1998 personal auto form also covers any organization's legal responsibility for the covered driver's acts. The employer's business auto policy reaches the employee's car only through the symbols on its declarations, and for autos the business does not own it is excess over any other collectible insurance. On that form the employee is not an insured in their own car unless an Employees As Insureds endorsement is added, and the car is not covered for damage unless physical damage carries a symbol that includes it.
Updated . Written by Andre Beukers, principal at Redoubt, a commercial insurance agency in Salt Lake City, not a government office.
Which auto insurance applies, the employee's or the employer's?
Both can. ISO's 1998 personal auto form, as filed by Hanover in Maine, pays damages "for which any 'insured' becomes legally responsible because of an auto accident," and for the car it insures it counts as an insured "any person or organization but only with respect to legal responsibility for acts or omissions" of the driver it covers. On that wording the employer is an insured for the employee's driving. Its business-use exclusion does not apply to a private passenger auto, pickup or van, but the Utah Insurance Department says any use beyond "driving to work and pleasure use" may need an endorsement or a commercial policy. A later edition or the carrier's own form may read differently, so read the employee's actual policy.
On the employer's business auto policy, symbol 9 reaches autos "owned by your 'employees'" but "only while used in your business or your personal affairs," and for autos the business does not own the form "is excess over any other collectible insurance." Travelers says commercial auto policies do not automatically cover vehicles you don't own, even when used for business.
| Loss | Policy to read first | Employer's business auto form |
|---|---|---|
| Injury or damage the employee causes | Employee's personal auto, which on the 1998 ISO form also covers the employer's liability for that driving | Excess over other collectible insurance, for the business, if a symbol on the declarations reaches the car |
| A claim against the employee | Employee's personal auto, up to its limits | Nothing for the employee unless CA 99 33 is attached |
| Damage to the employee's car | The employee's own policy | Nothing, unless a symbol that includes the car is entered beside physical damage |
| Employee hurt in the course of employment | Employer's workers' compensation, under Utah Code 34A-2-401 | Nothing; the form excludes workers' compensation obligations |
| Tools or customer property in the car | Not auto liability; the 1998 ISO personal form excludes property the insured transports | Nothing; the form excludes property the insured transports |
Is the employer liable for an employee's car accident?
Utah's model civil jury instruction CV2805 makes a plaintiff suing the employer prove the employee acted within the scope of employment: conduct that "was of the general kind" the employee was hired to do, "occurred substantially within working hours and within the normal work area," and "was motivated, at least in part, by the purpose of serving" the employer.
Mixed trips can qualify. CV2808 keeps conduct meant to benefit the employer within scope "even though" the employee "was also pursuing some personal interest," and for travel asks whether the employer "would have had to send another employee" otherwise. CV2806 takes out a deviation "so substantial that it had no relation" to the job.
When the claim reaches the business, the business auto form insures the employer "for any covered 'auto'," and the symbols beside liability on the declarations "designate the only 'autos' that are covered 'autos'." Symbol 9 is the one written for employee-owned cars; check Item Two before a claim, not after.
Is the employee responsible for the damages?
The forms settle who is insured, not who was at fault. ISO's business auto form lists who is an insured and then takes out "Your 'employee' if the covered 'auto' is owned by that 'employee' or a member of his or her household." Without an endorsement, the employer's policy insures the business for that car and not the employee. The 1998 ISO personal auto form counts the policyholder as an insured "for the ownership, maintenance or use of any auto" and pays damages for which an insured "becomes legally responsible because of an auto accident," so a claim against the employee as driver is one for the employee's own policy, up to its limits.
Those limits matter. Utah Code 31A-22-304 sets the minimum for a policy issued or renewed on or after January 1, 2025 at $30,000 per person, $65,000 per accident and $25,000 for property damage. Without CA 99 33, the employer's business auto form does not insure the employee above them.
CA 99 33, Employees As Insureds, changes that: "Any 'employee' of yours is an 'insured' while using a covered 'auto' you don't own, hire or borrow in your business or your personal affairs." It says the coverage form's provisions apply unless it modifies them, and it does not modify the excess clause, so that coverage sits behind the employee's own collectible insurance.
Does non-owned auto cover physical damage to the employee's car?
Not unless the declarations say so. The business auto form says "The symbols entered next to a coverage on the Declarations designate the only 'autos' that are covered 'autos'," and its physical damage section pays "for 'loss' to a covered 'auto'." If the symbol that reaches the employee's car, such as 9, is entered beside Covered Autos Liability in Item Two but not beside comprehensive or collision, the car is not a covered auto for that damage, and any repair coverage is whatever the employee's own policy carries.
Whether employees must carry collision, and who pays their deductible after a work crash, belongs in the written driving policy before the first claim.
Are employees covered if they are hurt driving their own car on the job?
That is a workers' compensation question. Utah Code 34A-2-401 pays an employee injured "by accident arising out of and in the course of the employee's employment, wherever such injury occurred," and puts the cost "on the employer and the employer's insurance carrier" and "not on the employee."
The business auto form will not pay it: it excludes "any obligation" under a workers' compensation law and bodily injury to the insured's own employee arising out of their employment. Whether the trip was in the course of employment is the commute question below.
Is an employee's car accident on the way to work the employer's problem?
Usually not. Utah's instruction CV2807 says "Traveling to and from work is usually not within the scope of employment," unless the employer "benefited from the travel other than just in" the employee's presence at work, or "had control over" the employee during the trip. The Utah Supreme Court applies a similar going and coming rule to workers' compensation: commute accidents "are generally not compensable because they are outside the course of employment."
Using the car for work on other days did not change the result in Jex v. Labor Commission, 2013 UT 40. The court accepted that "Jex ran errands on Precision's behalf and that he was on the clock during those errands," yet held he "fell squarely within the going and coming rule," noting the employer "neither required nor asked Jex to take his own truck." Whether a required car or an errand on the way meets CV2807's benefit or control test is for a court to decide on the facts, so an employer that requires personal cars should not rely on the commute rule.
Does a car allowance or mileage reimbursement change who is insured?
The IRS rules answer a tax question. The IRS business rate is 76 cents a mile from July 1 through December 31, 2026, and Revenue Procedure 2019-46, which "provides rules for using optional standard mileage rates in computing the deductible costs of operating an automobile," lists insurance among the fixed and variable costs that rate stands in for. Who is an insured comes from the policies: the Who Is An Insured wording quoted above and the symbols on the employer's declarations.
The one IRS arrangement that ties money to insurance is a fixed and variable rate (FAVR) allowance, which a payor may provide "only to an employee whose insurance coverage limits on the automobile" meet the limits used to compute it, with written proof from the employee. An employer paying a flat allowance can borrow the idea: set a minimum limit and collect the declarations page at each renewal.
What should a use of personal car for work policy say?
OSHA says employers "should develop, disseminate, maintain, review, and update written policies and procedures" for work driving, covering training, maintenance, seat belts, distracted and impaired driving and crash reporting, and "should ensure that all employees are properly licensed for the type of vehicle that they are expected to operate." Travelers' driver tips add vetting every driver and checking motor vehicle records annually.
For insurance, name the trips employees may make in their own cars, the personal limits you require, how often proof is collected, and who pays a deductible. Say whether paid delivery or carrying passengers is allowed: the Utah Insurance Department lists delivery first among uses that may need a commercial policy or a policy change, and says an un-endorsed personal policy does not cover transporting passengers for hire.
What to send Redoubt to review employee driving
Redoubt needs both the insurance setup and the real trips employees make.
- 1.How many employees drive their own cars for work, and how often
- 2.Their trips: errands, client visits, job sites, deliveries, passengers
- 3.Vehicle types, including pickups hauling tools or trailers
- 4.The personal limits you require and how you collect proof
- 5.Your business auto declarations, with the Item Two symbols
- 6.Every endorsement on the business auto policy, including CA 99 33 if attached
- 7.Your driver approval and motor vehicle record process
- 8.Any mileage or allowance arrangement
- 9.Crashes involving employee cars in the past five years
- 10.Any customer contract that requires non-owned auto coverage
What about employees using a company vehicle for personal errands?
That is the reverse case. On ISO's business auto form, anyone using a covered auto the business owns with its permission is an insured, so permission decides it. Write down what personal use is allowed and who may drive.
Does the employer need to be named on the employee's personal policy?
Not for the employee's driving on ISO's 1998 personal auto form, which already covers any person or organization for legal responsibility for the covered driver's acts. A later edition or a carrier's own form may read differently, so check the employee's actual policy.
Where these answers come from
Each entry carries the exact words of the source so you can check it yourself. Forms, rules and carrier pages change; read the current version before acting.
- 1. ISO CA 00 01 11 20, Business Auto Coverage Form, Section I, symbol 9, Non-owned "Autos" Only
“Only those "autos" you do not own, lease, hire, rent or borrow that are used in connection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households but only while used in your business or your personal affairs.”
assets.touchpointmarkets.com, accessed October 3, 2026. ISO form, © Insurance Services Office, Inc., 2019, as hosted by Touchpoint Markets (ALM FC&S). Pulled by curl; the file matches the copy in Redoubt's forms library (sha256 807d59f9). A carrier's own form or another edition may differ. - 2. ISO CA 00 01 11 20, Business Auto Coverage Form, Section I, Covered Autos
“The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos".”
assets.touchpointmarkets.com, accessed October 3, 2026. Symbol 1 in the table that follows is Any "Auto", with no narrower description; symbol 9 is quoted separately. - 3. ISO CA 00 01 11 20, Section II, A.1 Who Is An Insured, paragraph a
“The following are "insureds": a. You for any covered "auto".”
assets.touchpointmarkets.com, accessed October 3, 2026 - 4. ISO CA 00 01 11 20, Section II, A.1 Who Is An Insured, paragraph b
“b. Anyone else while using with your permission a covered "auto" you own, hire or borrow except:”
assets.touchpointmarkets.com, accessed October 3, 2026. Backs the FAQ on company vehicles. The exceptions that follow include the employee's own car (b.(2)). - 5. ISO CA 00 01 11 20, Section II, A.1 Who Is An Insured, exception b.(2)
“(2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household.”
assets.touchpointmarkets.com, accessed October 3, 2026 - 6. ISO CA 00 01 11 20, Section IV, B.5 Other Insurance
“For any covered "auto" you own, this Coverage Form provides primary insurance. For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible insurance.”
assets.touchpointmarkets.com, accessed October 3, 2026 - 7. ISO CA 00 01 11 20, Section III, Physical Damage Coverage, A.1
“We will pay for "loss" to a covered "auto" or its equipment under:”
assets.touchpointmarkets.com, accessed October 3, 2026. The list that follows is Comprehensive, Specified Causes Of Loss and Collision. - 8. ISO CA 00 01 11 20, Section II, B.3 exclusion, Workers' Compensation
“Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law.”
assets.touchpointmarkets.com, accessed October 3, 2026 - 9. ISO CA 00 01 11 20, Section II, B.4 exclusion, Employee Indemnification And Employer's Liability
“"Bodily injury" to: a. An "employee" of the "insured" arising out of and in the course of: (1) Employment by the "insured"; or”
assets.touchpointmarkets.com, accessed October 3, 2026 - 10. ISO CA 00 01 11 20, Section II, B.6 exclusion, Care, Custody Or Control
“"Property damage" to or "covered pollution cost or expense" involving property owned or transported by the "insured" or in the "insured's" care, custody or control.”
assets.touchpointmarkets.com, accessed October 3, 2026 - 11. ISO CA 99 33 10 13, Employees As Insureds endorsement, IIAT InfoCentral
“Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs.”
iiat.org, accessed October 3, 2026. ISO endorsement, © Insurance Services Office, Inc., 2011. Pulled by curl; matches the forms library copy (sha256 f0de4935). It adds this sentence to Who Is An Insured and otherwise leaves the coverage form unchanged. - 12. ISO CA 99 33 10 13, Employees As Insureds, opening provision, IIAT InfoCentral
“With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.”
iiat.org, accessed October 3, 2026 - 13. ISO PP 00 01 06 98, Personal Auto Policy, Part A insuring agreement, as filed by The Hanover Insurance Company, Maine Bureau of Insurance
“We will pay damages for "bodily injury" or "property damage" for which any "insured" becomes legally responsible because of an auto accident.”
maine.gov, accessed October 3, 2026. An older ISO edition filed with a state regulator. The employee's policy may be a later ISO edition or the carrier's own form; read the actual policy. - 14. ISO PP 00 01 06 98, Personal Auto Policy, Part A, Insured, item B.1 (Hanover filing, Maine Bureau of Insurance)
“You or any "family member" for the ownership, maintenance or use of any auto or "trailer".”
maine.gov, accessed October 3, 2026. "You" is the named insured on the declarations, here the employee who owns the car. - 15. ISO PP 00 01 06 98, Personal Auto Policy, Part A, exclusion A.2 (Hanover filing, Maine Bureau of Insurance)
“We do not provide Liability Coverage for any "insured": 1. Who intentionally causes "bodily injury" or "property damage". 2. For "property damage" to property owned or being transported by that "insured".”
maine.gov, accessed October 3, 2026 - 16. ISO PP 00 01 06 98, Personal Auto Policy, Part A, Insured, item B.3 (Hanover filing, Maine Bureau of Insurance)
“For "your covered auto", any person or organization but only with respect to legal responsibility for acts or omissions of a person for whom coverage is afforded under this Part.”
maine.gov, accessed October 3, 2026 - 17. ISO PP 00 01 06 98, Personal Auto Policy, Part A, exclusion A.7 exception (Hanover filing, Maine Bureau of Insurance)
“This Exclusion (A.7.) does not apply to the maintenance or use of a: a. Private passenger auto; b. Pickup or van; or”
maine.gov, accessed October 3, 2026. Exclusion A.7 removes liability coverage while an insured uses a vehicle in a business; this is its exception. Exclusion A.5 of the same edition excludes use as a public or livery conveyance. - 18. Utah Insurance Department, Business Use Of Your Auto
“If you use your vehicle for any purpose other than driving to work and pleasure use, you may need a commercial auto policy, or you may need to see if your personal auto policy can be endorsed to cover your specific business use.”
insurance.utah.gov, accessed October 3, 2026. Re-pulled by curl with a browser user agent on 2026-10-03 (earlier read in Chrome; insurance.utah.gov has returned 403 to plain curl). The page's example list starts with "Delivery (pizza, newspaper)". - 19. Utah Insurance Department, Business Use Of Your Auto, closing paragraph
“Please keep in mind that your un-endorsed personal auto policy does not cover you if you transport passengers for hire (public livery).”
insurance.utah.gov, accessed October 3, 2026. Re-pulled by curl with a browser user agent on 2026-10-03 (earlier read in Chrome; insurance.utah.gov has returned 403 to plain curl). - 20. Utah Code 31A-22-304(2), motor vehicle liability policy minimum limits
“a policy issued or renewed on or after January 1, 2025, containing motor vehicle liability coverage may not limit the insurer's liability under that coverage below the following:”
le.utah.gov, accessed October 3, 2026. The list that follows is (a)(i) $30,000 for one person, (ii) $65,000 for two or more persons, and (iii) $25,000 for property damage, or a $90,000 single limit under (b). - 21. Model Utah Jury Instructions, Second Edition, CV2805, "Scope of employment" defined, Utah State Courts
“To succeed on this claim, [name of plaintiff] must prove that [name of employee]'s conduct was within the scope of employment. "Scope of employment" means that the conduct: (1) was of the general kind [name of employee] was [employed/authorized] to do; and (2) occurred substantially within working hours and within the normal work area; and (3) was motivated, at least in part, by the purpose of serving [name of employers]'s interest.”
legacy.utcourts.gov, accessed October 3, 2026. A model instruction, not a statute; it cites Birkner v. Salt Lake County, 771 P.2d 1053 (Utah 1989) and Helf v. Chevron U.S.A., Inc., 2009 UT 11. - 22. Model Utah Jury Instructions, Second Edition, CV2806, Deviation from scope of employment
“However, if [name of employee]'s deviation was so substantial that it had no relation to [his] employment or to [name of employer]'s business, then [name of employee]'s acts are not within the scope of employment.”
legacy.utcourts.gov, accessed October 3, 2026 - 23. Model Utah Jury Instructions, Second Edition, CV2807, Scope of employment; travel to and from work
“Traveling to and from work is usually not within the scope of employment.”
legacy.utcourts.gov, accessed October 3, 2026. Cites Ahlstrom v. Salt Lake City Corp., 2003 UT 4. - 24. Model Utah Jury Instructions, Second Edition, CV2807, what the plaintiff must prove
“To succeed on this claim, [name of plaintiff] must prove that: (1) [name of employer] benefited from the travel other than just in [name of employee]'s presence at work; or (2) [name of employer] had control over [name of employee]'s conduct during [his] travel.”
legacy.utcourts.gov, accessed October 3, 2026 - 25. Model Utah Jury Instructions, Second Edition, CV2808, Scope of employment; dual purpose
“If [name of employee]'s [describe act or omission] was motivated to benefit [name of employer], then the conduct was within the scope of employment even though [name of employee] was also pursuing some personal interest.”
legacy.utcourts.gov, accessed October 3, 2026 - 26. Model Utah Jury Instructions, Second Edition, CV2808, bracketed travel paragraph
“you should ask whether the trip was one for which [name of employer] would have had to send another employee to the same destination or to perform the same task if the trip had not been made.”
legacy.utcourts.gov, accessed October 3, 2026. The committee note says to use this paragraph only when the case involves the employee's travel. - 27. Utah Code 34A-2-401(1), compensation for industrial accidents
“An employee described in Section 34A-2-104 who is injured and the dependents of each such employee who is killed, by accident arising out of and in the course of the employee's employment, wherever such injury occurred, if the accident was not purposely self-inflicted, shall be paid:”
le.utah.gov, accessed October 3, 2026 - 28. Utah Code 34A-2-401(2), who bears the responsibility
“The responsibility for compensation and payment of medical, nursing, and hospital services and medicines, and funeral expenses provided under this chapter shall be:”
le.utah.gov, accessed October 3, 2026. Followed by "(a) on the employer and the employer's insurance carrier; and (b) not on the employee." - 29. Jex v. Labor Commission, 2013 UT 40, ¶18, Utah Supreme Court
“According to this rule, “accidents occurring to the employee while going to and from work” are generally not compensable because they are outside the course of employment.”
legacy.utcourts.gov, accessed October 3, 2026. The PDF's text layer encodes the quotation marks as other glyphs; they print as curly quotes. - 30. Jex v. Labor Commission, 2013 UT 40, ¶46
“Finally, it is undisputed that Jex ran errands on Precision’s behalf and that he was on the clock during those errands.”
legacy.utcourts.gov, accessed October 3, 2026. The PDF's text layer encodes the apostrophe as another glyph; it prints as a curly apostrophe. - 31. Jex v. Labor Commission, 2013 UT 40, ¶20
“Instead, we conclude that Jex fell squarely within the going and coming rule and thus that his accident was outside his “course of employment.””
legacy.utcourts.gov, accessed October 3, 2026 - 32. Jex v. Labor Commission, 2013 UT 40, ¶46
“But Precision neither required nor asked Jex to take his own truck.”
legacy.utcourts.gov, accessed October 3, 2026 - 33. IRS, Standard mileage rates, 2026 mileage rates (July 1 – Dec. 31)
“The standard mileage rates for 2026 are: Self-employed and business: 76 cents/mile”
irs.gov, accessed October 3, 2026. Announcement 2026-11 raised the business rate from 72.5 cents (Notice 2026-10) for miles on or after July 1, 2026. - 34. IRS Rev. Proc. 2019-46, section 1, purpose
“This revenue procedure provides rules for using optional standard mileage rates in computing the deductible costs of operating an automobile for business, charitable, medical, or moving expense purposes.”
irs.gov, accessed October 3, 2026. The next sentence adds rules for substantiating an employee's expenses under section 274(d). - 35. IRS Rev. Proc. 2019-46, section 4.02, business standard mileage rate in lieu of fixed and variable costs
“Items such as: depreciation or lease payments; maintenance and repairs; tires; gasoline, including all taxes thereon; oil; insurance; and license and registration fees are included in fixed and variable costs for this purpose.”
irs.gov, accessed October 3, 2026. Notice 2026-10 says Rev. Proc. 2019-46 still provides the rules for using the 2026 rates. - 36. IRS Rev. Proc. 2019-46, section 6.05(8), FAVR allowance insurance limits
“A payor may provide a FAVR allowance only to an employee whose insurance coverage limits on the automobile for which the FAVR allowance is paid are at least equal to the insurance coverage limits used to compute the periodic fixed payment under that FAVR allowance.”
irs.gov, accessed October 3, 2026 - 37. IRS Rev. Proc. 2019-46, section 6.06, employee reporting for a FAVR allowance
“Within 30 days after a FAVR allowance initially covers an employee's automobile, or again covers the automobile if coverage has lapsed, the employee by written declaration must provide the payor with the following information:”
irs.gov, accessed October 3, 2026. Item (2) of the list is "written proof of the insurance coverage limits on the automobile." - 38. OSHA, Motor Vehicle Safety, Employers
“From the risk assessment and review of applicable laws, employers should develop, disseminate, maintain, review, and update written policies and procedures with input from managers and employees”
osha.gov, accessed October 3, 2026. The list that follows: driver training, vehicle maintenance, safe vehicle operations, seat belt use, distracted, drowsy and impaired driving, accident reporting and mechanical failure procedures. - 39. OSHA, Motor Vehicle Safety, Employers, licensing
“Employers should ensure that all employees are properly licensed for the type of vehicle that they are expected to operate.”
osha.gov, accessed October 3, 2026 - 40. Travelers, Hired and Non-Owned Auto Coverages, tips for reducing business-related accidents
“Set driver age, experience and safety standards. Vet and approve all drivers. Ensure valid driver’s licenses. Check motor vehicle records annually.”
travelers.com, accessed October 3, 2026. Four list items, quoted as what Travelers recommends. - 41. Travelers, Hired and Non-Owned Auto Coverages
“Commercial auto policies don’t automatically cover vehicles you don't own, even when you use those vehicles for business.”
travelers.com, accessed October 3, 2026. A carrier's statement on its product page, cited as what Travelers says.
Employees drive their own cars for the business and the owner wants to know who pays
Hired and non-owned auto: what it covers, what it does not, the employee's own policy, and the employer's exposure.
Elsewhere on the site
Employees driving their own cars for work?
Tell Redoubt how many employees drive, what trips they make and what you require from them, and send your current declarations. We will say whether symbol 9 or an Employees As Insureds endorsement is missing and what to ask the carrier.
This is general insurance information, not legal advice or a coverage determination. The policy forms, the endorsements the carrier issues, and the requirement in writing from whoever is asking control.