New York Hired and Non-Owned Auto Coverage

New York Vehicle and Traffic Law § 388 makes a vehicle owner liable for negligence by a person using the vehicle with express or implied permission, including business use. New York also has no-fault first-party benefits and rental-vehicle rules, so set clear permission and policy-priority terms for employee-owned cars and rentals.

What Is Hired and Non-Owned Auto Insurance?

Hired and non-owned auto (HNOA) liability protects the business when rented cars or employees’ own cars are used for work. It does not pay for damage to those vehicles, and it is not a substitute for commercial auto on vehicles the business owns. Read the national Hired and non-owned auto guide.

What to Watch for With Hired and Non-Owned Auto in New York

  • Permission can attach liability to the vehicle owner

    Section 388 makes the owner responsible for negligence by any person using or operating the vehicle with express or implied permission, whether in the owner’s business or otherwise. Get a written employee vehicle-use policy and have the broker confirm the employer’s liability protection for work trips. 1

  • No-fault benefits are a separate claim path

    New York Insurance Law § 5103 governs first-party benefits for covered motor-vehicle injuries. Ask which policy is responsible for an employee injured while using a personal vehicle or rental, and whether the employee must report the trip through the personal carrier. 2

  • Rental damage coverage is not the same as hired-auto liability

    Insurance Law § 3440 requires certain personal auto policies to cover actual damage or loss of use to short-term rentals. It addresses physical damage obligations for qualifying personal policies, not the employer’s third-party liability; ask for both coverages separately. 3

Providers With New York License Records

These providers publish a national listing for Hired and non-owned auto; the license records below name the licensed entities and roles. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in New York. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

  • Corgi

    Insurance producer · checked 2026-09-28

    Corgi Insurance Services, Inc.

    Corgi’s company producer-license table lists 50 jurisdictions: 49 states and the District of Columbia, including DC license 3003091619. New Mexico does not appear in the table and is not included here; the omission does not establish that Corgi is unlicensed there. The company-reported table has no stated as-of date and does not establish product availability. 14

    Corgi lists hired and non-owned auto liability for employees using rented or personal vehicles for company business.

Who Regulates Insurance in New York?

New York State Department of Financial Services

New York DFS supervises insurance companies and producers, administers insurance law and accepts consumer complaints about property and casualty policies, including commercial insurance. 4,5,6,7

Surplus-Lines Tax and Stamping Office in New York

Reported tax rate. 3.6% of gross premium, less returned premium; ELANY stamping fee is 0.15% through 2026 and 0.17% for policies incepting on/after Jan. 1, 2027 8,9,10,11

When New York is the insured’s home state, excess-line tax is 3.6% of gross premium less returned premium. ELANY’s September 20, 2026 bulletin sets a 0.15% stamping fee through December 31, 2026 and 0.17% for policies incepting on or after January 1, 2027; statutory search requirements and guaranty-fund protection depend on the applicable New York excess-line rules.

Excess Line Association of New York

Questions to Ask Before You Buy Hired and Non-Owned Auto in New York

  1. Who is treated as the owner for § 388 when an employee uses a household or borrowed vehicle for work?
  2. Which policy handles New York no-fault benefits if an employee is injured in a rental car on a business trip?
  3. Does our hired-auto policy include rental physical damage, or do we need a separate solution?

Hired and Non-Owned Auto Insurance in New York: FAQ

Can a New York vehicle owner be liable when an employee drives with permission?

Yes. Vehicle and Traffic Law § 388 makes an owner liable for negligence by a person using or operating the vehicle with express or implied permission, including in the owner’s business. 1

Does New York personal auto insurance cover damage to a rental car?

Often, if the policy insures fewer than five registered private passenger vehicles and the rental is 30 days or less; Insurance Law § 3440 sets that rule and its limits. It does not establish employer hired-auto liability. 3

Hired and Non-Owned Auto Insurance Guides for Other States

Other coverage in New YorkEvery coverage guide for New York, plus the regulator and surplus-lines details.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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