Independent contractor driver insurance
When contractors drive instead of employees, the business auto form is primary in the business's own vehicles and excess in others; the contract settles the contractor's cover. ISO's CA 00 01 11 20 business auto form is "excess over any other collectible insurance" for autos the business does not own, and it defines no independent contractor. Utah Code 34A-2-103(7), version effective May 7, 2025, counts a contractor whose work the business supervises or controls, as part of its trade, as its employee for workers' compensation, unless the business holds the contractor's coverage certification or Utah waiver.
Does the insurance change when contractors drive instead of employees?
ISO's CA 00 01 11 20 business auto form defines no independent contractor; its insured clauses speak of employees and of anyone else. The form says ""Employee" includes a "leased worker". "Employee" does not include a "temporary worker"." A leased worker, in the same form, is a person leased to the business "by a labor leasing firm"; a temporary worker is a person "furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions." Whether a given contractor driver falls inside the word "employee" is not answered by CA 00 01's text.
CA 99 33 10 13, ISO's optional Employees As Insureds endorsement, makes "Any "employee" of yours" an insured in a vehicle the business does not own, hire or borrow, and names no contractor. A customer's policy may carry a later edition of CA 00 01 or Utah endorsements, and the wording printed on that policy controls.
Is a contractor covered driving our company vehicle?
A contractor driving a company vehicle with permission is an insured under CA 00 01 11 20 Section II.A.1, except while moving property to or from the vehicle. The contractor agreement's insurance clause can record that permission: which company vehicles the contractor may drive, for what work, and who loads them.
A contractor's truck leased to a business that is an authorized carrier runs under the carrier's responsibility for the lease's duration. 49 CFR 376.12(c)(1), as eCFR printed it on October 1, 2026, has the carrier "assume complete responsibility for the operation of the equipment for the duration of the lease." 49 CFR 376.12(j)(1) has the lease "clearly specify the legal obligation of the authorized carrier to maintain insurance coverage for the protection of the public" and say who provides other insurance, such as bobtail.
Who covers the contractor's own vehicle when it is used for our business?
A contractor's own vehicle on the business's work is a hired auto when the business hires, rents or borrows it, and a non-owned auto otherwise. CA 00 01 11 20 symbol 8 covers autos the business "lease[s], hire[s], rent[s] or borrow[s]," leaving out those taken from its own employees, partners or members, and symbol 9 covers autos it does not own, lease, hire, rent or borrow "that are used in connection with your business."
CA 00 01 11 20 Section IV.B.5 makes the business's policy "excess over any other collectible insurance" for any covered auto the business does not own, hired or non-owned. CA 00 01's permission clause reaches autos the business owns, hires or borrows, so the contractor is an insured in a hired vehicle and not in a non-owned one. A vehicle hired together with its driver is not a covered auto for Hired Auto Physical Damage under Section IV.B.5.b.
CA 00 01 11 20 does not say whether a contractor carries auto insurance for business use of the contractor's own vehicle; the contractor agreement and the contractor's own policy decide that.
Can a 1099 driver still count as our employee for workers' comp or FMCSA?
A 1099 driver can be the business's employee under Utah's workers' compensation law and, in a commercial motor vehicle, under FMCSA's safety rules. Utah Code 34A-2-103(2)(b)(i), version effective May 7, 2025, defines an independent contractor by four tests: "independent of the employer in all that pertains to the execution of the work," "not subject to the routine rule or control of the employer," engaged in "a definite job or piece of work," and "subordinate to the employer only in effecting a result in accordance with the employer's design."
Utah Code 34A-2-103(7)(a)(ii), version effective May 7, 2025, says that when a business uses a contractor "over whose work the employer retains supervision or control, and this work is a part or process in the trade or business of the employer," the contractor and the contractor's workers "are considered employees of the original employer" for workers' compensation. Utah Code 34A-2-103(7)(e) says the contractor is not the business's employee if the business "obtains and relies on" a valid certification of the contractor's workers' compensation coverage or, for a contractor with no employees, a Utah coverage waiver. Utah Code 34A-2-104(5)(d), version effective May 14, 2019, sets a separate route for an owner-operator driving for a motor carrier under a written independent contractor agreement, with a waiver and proof of occupational accident related insurance.
49 CFR 390.5T, as eCFR printed it on October 1, 2026, defines an employee as an individual employed by an employer who directly affects commercial motor vehicle safety, and says the term "includes a driver of a commercial motor vehicle (including an independent contractor while in the course of operating a commercial motor vehicle)." The same section's commercial motor vehicle is used in interstate commerce and starts at 10,001 lb GVWR or GCWR, or meets one of its passenger or hazardous materials tests. For a truck leased to an authorized carrier, 49 CFR 376.12(c)(4) says the lease's control clause is not "intended to affect whether the lessor or driver provided by the lessor is an independent contractor or an employee."
What should the independent contractor driver agreement say about insurance?
A contractor driver agreement can settle five points that CA 00 01 11 20 and Utah Code 34A-2-103 leave to the facts of the work:
- Whose vehicle the contractor drives: a company vehicle, a contractor's vehicle the business hires or rents (CA 00 01 symbol 8), or the contractor's own vehicle (symbol 9)
- Whether the contractor carries auto insurance for business use of the contractor's own vehicle, and the limit, since CA 00 01 Section IV.B.5 is excess over other collectible insurance
- Whether the business holds the contractor's workers' compensation certification or Utah coverage waiver, the documents Utah Code 34A-2-103(7)(e) names
- Who loads and unloads the business's vehicles, since CA 00 01 Section II.A.1.b(4) leaves non-employees out of "insured" while moving property
- Who sets the contractor's routes, hours and methods, the supervision or control Utah Code 34A-2-103(7)(a)(ii) names
What do you send Redoubt about contractor drivers, and what happens next?
Text Redoubt the items below about contractor drivers, and the first reply is a conversation about which policy answers for each driver and vehicle. Redoubt's commercial auto guide says that reply covers "what can be bound now, what needs the carrier, and what to send back."
- Who drives what: each employee and each contractor, and whose vehicle each one drives
- Every driver: name, date of birth, licence number and class
- The contractor agreement, or the terms you use with contractor drivers
- Each vehicle and trailer: year, make, model, body type, value and VIN
- How often contractors use their own vehicles for the business
- USDOT or MC number if the business has one, a paragraph on what the business does, and the date cover has to start
- The current declarations page, or the dates of prior coverage
Sources: 21
Does a Utah owner-operator under contract need occupational accident insurance?
Utah Code 34A-2-104(5)(d), version effective May 14, 2019, keeps a contract owner-operator out of "employee" with a Utah coverage waiver and occupational accident insurance proof given to the carrier.
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 V.F, definition of employee
“"Employee" includes a "leased worker". "Employee" does not include a "temporary worker".”
assets.touchpointmarkets.com, accessed October 12, 2026. The whole definition. The form's definitions section has no independent contractor entry. 11 20 is the newest edition found on the open web; the edition and any state amendatory endorsement on the customer's policy control. - 2. ISO CA 00 01 11 20, Section V.I, definition of leased worker
“"Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business.”
assets.touchpointmarkets.com, accessed October 12, 2026. The definition continues: "Leased worker" does not include a "temporary worker". - 3. ISO CA 00 01 11 20, Section V.O, definition of temporary worker
“"Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions.”
assets.touchpointmarkets.com, accessed October 12, 2026. The printed form hyphenates "short-term" across a line break. - 4. ISO CA 99 33 10 13, Employees As Insureds endorsement, IIAT copy
“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 12, 2026. Optional endorsement, added to Section II.A.1 Who Is An Insured; it names employees only. - 5. ISO CA 00 01 11 20, Section II.A.1, Who Is An Insured
“The following are "insureds": a. You for any covered "auto". b. Anyone else while using with your permission a covered "auto" you own, hire or borrow except:”
assets.touchpointmarkets.com, accessed October 12, 2026. Exceptions (1) to (5) follow: the owner from whom an auto is hired or borrowed, an employee or partner or member in their own auto, auto businesses, and non-employees moving property. 11 20 is the newest edition found on the open web; the edition and any state amendatory endorsement on the customer's policy control. - 6. ISO CA 00 01 11 20, Section II.A.1.b(4), moving property exception
“Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company) or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto".”
assets.touchpointmarkets.com, accessed October 12, 2026 - 7. ISO CA 00 01 11 20, Section IV.B.5.a, 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 12, 2026 - 8. ISO CA 00 01 11 20, Section I.A, symbol 8, hired autos only
“Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households.”
assets.touchpointmarkets.com, accessed October 12, 2026 - 9. ISO CA 00 01 11 20, Section I.A, 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 12, 2026. Symbol 1, any auto, also reaches non-owned autos. A non-owned auto is covered only if symbol 1 or 9 is shown next to the coverage on the declarations. - 10. ISO CA 00 01 11 20, Section IV.B.5.b, autos hired with a driver
“For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto".”
assets.touchpointmarkets.com, accessed October 12, 2026 - 11. Utah Code 34A-2-103(2)(b)(i), definition of independent contractor
“"Independent contractor" means any person engaged in the performance of any work for another who, while so engaged, is: (A) independent of the employer in all that pertains to the execution of the work; (B) not subject to the routine rule or control of the employer; (C) engaged only in the performance of a definite job or piece of work; and (D) subordinate to the employer only in effecting a result in accordance with the employer's design.”
le.utah.gov, accessed October 12, 2026. Effective 5/7/2025. the section page's default version on 2026-10-12. - 12. Utah Code 34A-2-103(7)(a)(ii), contractors under the employer's supervision or control
“If an employer procures any work to be done wholly or in part for the employer by a contractor over whose work the employer retains supervision or control, and this work is a part or process in the trade or business of the employer, the contractor, all persons employed by the contractor,”
le.utah.gov, accessed October 12, 2026. The sentence continues through subcontractors and their workers and ends: "are considered employees of the original employer for the purposes of this chapter and Chapter 3, Utah Occupational Disease Act." Effective 5/7/2025. - 13. Utah Code 34A-2-103(7)(e), certification or waiver relied on
“the employer who procures work to be done by the contractor or subcontractor obtains and relies on either: (i) a valid certification of the contractor's or subcontractor's compliance with Section 34A-2-201”
le.utah.gov, accessed October 12, 2026. Item (ii) is a workers' compensation coverage waiver under Part 10, for a partnership, corporation or sole proprietorship with no employees other than its partners, officers or owner. The subsection opens "A contractor or subcontractor is not an employee of the employer under Subsection (7)(a)". Effective 5/7/2025. - 14. Utah Code 34A-2-104(5)(d), owner-operators under a written independent contractor agreement
“operates the motor vehicle described in Subsection (5)(d)(i) under a written agreement with the motor carrier that states that the individual operates the motor vehicle as an independent contractor;”
le.utah.gov, accessed October 12, 2026. Subsection (5) lists who "employee" does not include; (5)(d)(iv) adds a coverage waiver and "proof that the individual is covered by occupational accident related insurance" given to the motor carrier. Effective 5/14/2019. the section page's default version on 2026-10-12. - 15. 49 CFR 390.5T, definition of employee, eCFR
“Such term includes a driver of a commercial motor vehicle (including an independent contractor while in the course of operating a commercial motor vehicle), a mechanic, and a freight handler.”
ecfr.gov, accessed October 12, 2026. The T section is the text eCFR prints in force; the unsuffixed 390.5 is marked suspended, again on July 21, 2026. 390.5T's commercial motor vehicle starts at 10,001 lb in interstate commerce. - 16. 49 CFR 390.5T, definition of commercial motor vehicle, eCFR
“Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle— (1) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or”
ecfr.gov, accessed October 12, 2026. Same versioner pull. Paragraphs (2) to (4) add vehicles designed or used for more than 8 passengers for compensation, more than 15 passengers, and placarded hazardous materials. - 17. 49 CFR 376.12(j)(1), carrier's obligation to insure for the public, eCFR
“The lease shall clearly specify the legal obligation of the authorized carrier to maintain insurance coverage for the protection of the public pursuant to FMCSA regulations under 49 U.S.C. 13906.”
ecfr.gov, accessed October 12, 2026 - 18. 49 CFR 376.12(c)(4), lease control clause and contractor status, eCFR
“Nothing in the provisions required by paragraph (c)(1) of this section is intended to affect whether the lessor or driver provided by the lessor is an independent contractor or an employee of the authorized carrier lessee.”
ecfr.gov, accessed October 12, 2026. Same versioner pull, 2026-10-01. No suspension note on 376.12. - 19. 49 CFR 376.12(c)(1), exclusive possession and responsibility, eCFR
“The lease shall further provide that the authorized carrier lessee shall assume complete responsibility for the operation of the equipment for the duration of the lease.”
ecfr.gov, accessed October 12, 2026 - 20. 49 CFR 376.12(j)(1), insurance terms in the lease, eCFR
“The lease shall further specify who is responsible for providing any other insurance coverage for the operation of the leased equipment, such as bobtail insurance.”
ecfr.gov, accessed October 12, 2026 - 21. Redoubt, commercial auto insurance guide, what to send
“Text Redoubt the broker packet, the lender's insurance letter, the platform's upload screen or the renewal itself, with the vehicles and the date you need it by. We will say what can be bound now, what needs the carrier, and what to send back.”
www.redoubt.insure, accessed October 12, 2026
The owner wants to know which drivers and vehicles the policy actually covers
Policy symbols, employees sharing company vehicles, contractor drivers, a substitute vehicle and a newly acquired one: what the forms include and what has to be told to the insurer.
Elsewhere on the site
Contractors drive for your business
Text Redoubt who drives what and whose vehicles, the contractor agreement, the year, make, model, body type and value of each vehicle and trailer, how often contractors use their own vehicles, every driver, your USDOT or MC number if any, what the business does, the start date and your declarations page, and we will talk through which policy answers for each driver.
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.