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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. 2,1,3

What Is Hired And Non-Owned Auto?

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 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

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

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 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. 8,9,10,11

Excess Line Association of New York

Providers With Documented State Licenses

These providers publish a national listing for Hired and non-owned auto; the state records document licenses for the entities and roles shown below. 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.

  • CorgiCorgi Insurance Services, Inc.Insurance producer · checked 2026-09-28Corgi’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

Questions to Ask Before You Buy 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 in New York: FAQ

Can a New York vehicle owner be liable when an employee drives with permission? 1

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? 3

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 in Other States

Other Coverage in New York

Sources

  1. Negligence in use or operation of vehicle attributable to owner. New York State Senate; Vehicle and Traffic Law § 388(1). Accessed 2026-09-29.
  2. Entitlement to first party benefits; additional financial security required. New York State Senate; Insurance Law § 5103: first-party benefits. Accessed 2026-09-29.
  3. Insurance covering private passenger motor vehicles; rental vehicle coverage. New York State Senate; Insurance Law § 3440(b): rental damage coverage for specified personal policies. Accessed 2026-09-29.
  4. New York State Department of Financial Services. New York State Department of Financial Services; Official regulator homepage. Accessed 2026-09-28.
  5. Who We Supervise. New York State Department of Financial Services; DFS describes insurance oversight and provides links to company and producer searches. Accessed 2026-09-28.
  6. Consumer Complaints. New York State Department of Financial Services; Official portal files insurance complaints for health, life and property/casualty insurance. Accessed 2026-09-28.
  7. New York Insurance Law §2118(d)(1). New York State Senate; Current statutory text: 3.6% of gross premiums less returned premium when New York is the insured’s home state. Accessed 2026-09-28.
  8. ELANY Bulletin 2026-20: Notice of Change in Stamping Fee. Excess Line Association of New York; September 20, 2026 bulletin: 0.17% applies to policies incepting from Jan. 1, 2027; endorsements on policies incepting Jan. 1, 2023–Dec. 31, 2026 retain 0.15%; excess-line tax remains 3.6%. Accessed 2026-09-28.
  9. New York Insurance Law §2118. New York State Senate; Excess-line broker duties and filing requirements; §2118(a) due care; exceptions should be applied only where statutory conditions are met. Accessed 2026-09-28.
  10. New York Insurance Law §2118. New York State Senate; Excess-line statutory duties and policies; source is used for placement context. No state-specific guaranty cap/note included. Accessed 2026-09-28.
  11. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  12. Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
  13. Insurance Producer Licenses. Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown. Accessed 2026-09-28.
  14. About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
  15. Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
  16. Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.

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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