Sally is your receptionist, and she will occasionally run errands for your company in her own car. You pay her the IRS recommended auto reimbursement, but it never crosses your mind to check Sally’s driving record or to see if Sally has insurance, let alone adequate limits of coverage. Sally is driving to Office Depot to pick up supplies, and while texting one of her friends, runs right through a red light, t-boning a small SUV. The SUV is totaled as is Sally’s car, but of much more concern are the injuries suffered by the passenger in the other vehicle. It will cost $25,000 to replace the vehicle and medical bills are estimated at $100,000. As it turns out, Sally had the California State minimum insurance limits — $15,000 for any one person injured and $30,000 if more than one is injured, and $5,000 for property damage! Sally didn’t have any physical damage insurance on her car.

But why is this your problem? You don’t own the vehicle, how can you be held responsible?

简单的答案是一个法律概念，称为“响应优越性”，或者用外行的术语“让主答案”。基本上，这意味着，如果在雇用过程中执行这些行动，雇主可以对其​​雇员的行为负责。

In this example, Sally’s insurance company will pay policy limits for damage to the other car ($5,000) as well as the bodily injury ($15,000). You will be on the hook for the difference, $20,000 for the car and $85,000 for the bodily injury! You don’t have any coverage for damage to Sally’s car.

Fortunately, most businesses have what is known as Non-Owned Auto (NOA) insurance (you should check and make sure you do) which will protect an employer in a situation like this. It is important to recognize, however, that NOA coverage protects employers from their vicarious liability. It does not protect the employee. Employees need to rely on their own insurance. After all, the vehicle belongs to them, and they are responsible for any liability arising out of their vehicle’s use. It should also be pointed out that NOA only provides liability coverage. It does not cover damage to an employee’s auto. Once again, employees must look to their own policies for physical damage insurance coverage.

If you are an employer, it is prudent risk management to proactively manage this exposure. You might consider including a provision addressing this issue in your employee handbook. Note that the required limits should be evaluated based on each company’s unique circumstances.

Sample Provision*

当工作人员需要使用自己的车辆进行商务旅行时，该公司将以当前的IRS利率来偿还里程。使用个人车辆进行商务旅行需要由员工的主管批准。主管有责任确保公司业务驾驶的工作人员拥有（1）有效的驾驶执照和可接受的驾驶记录，以及（2）为其汽车提供保险证明。任何代表公司使用其汽车的雇员应承担每人25万美元的最低身体伤害限制，每次事故$ 500,000，每次事故的财产损失限额为100,000美元。$ 500,000的组合单限制也将满足这一要求。

请注意，公司不为您提供任何责任承保范围。此外，如果您有事故，该公司将不会为您的汽车提供任何物理损失覆盖范围。您必须向自己的保险公司寻求此承保范围。

Non-Owned Auto liability coverage is an important element of every employer’s insurance program. A business that does not own vehicles is not exempt from auto liability exposure.