A home health agency can have auto liability exposure even without company vehicles. Learn how Hired and Non-Owned Auto Liability may fit in.
Many home health agencies don’t own a fleet of company vehicles.
Instead, nurses, therapists, aides, and other employees use their personal vehicles to travel between patients’ homes.
That can lead to a seemingly logical conclusion:
“We don’t own any vehicles, so our agency doesn’t need commercial auto insurance.”
Unfortunately, that doesn’t necessarily mean your agency has no automobile liability exposure.
If an employee is involved in an accident while driving for work, the employee’s personal auto insurance may not be the only insurance that matters.
Your home health agency could potentially be brought into the claim as well.
That’s where Hired and Non-Owned Auto Liability, commonly called HNOA, becomes important.
What Is Hired and Non-Owned Auto Insurance?
Hired and Non-Owned Auto Liability is designed to address certain automobile liability exposures involving vehicles your business uses but doesn’t own.
There are two pieces to the name.
Hired auto generally refers to vehicles that the business rents, leases, hires, or borrows, subject to the definitions and terms of the particular policy.
Non-owned auto generally refers to vehicles the business doesn’t own but that are used in connection with its operations.
For a home health agency, the second category can be particularly important.
Think about an employee using their personal vehicle to:
- Drive from one patient’s home to another
- Travel to a patient’s home for a scheduled visit
- Pick up supplies for the agency
- Attend a work-related meeting
- Run another errand on behalf of the business
The agency doesn’t own the employee’s car.
But the employee may still be using that car for the agency’s business.
A Common Home Health Driving Scenario
Consider how an ordinary workday can create this exposure.
A nurse leaves a morning visit, stops by the agency office to pick up supplies, and heads to an afternoon patient appointment. The nurse is using a personal vehicle, but the travel is part of the work being performed for the agency.
If an accident occurs during that trip, the questions may extend beyond who was driving. They can include whether the employee was acting on behalf of the agency, whether the agency had driving requirements in place, and what insurance applies to claims made against the business.
That does not mean every work-related accident creates the same outcome. Coverage depends on the facts, the policy language, and the specific allegations involved. It does mean that employee-owned vehicles should be part of a home health agency’s insurance conversation.
Doesn’t the Employee’s Personal Auto Insurance Cover the Accident?
The employee’s personal auto policy may provide coverage for the employee, depending on the policy and circumstances.
But that’s not necessarily the end of the question.
Suppose one of your home health nurses finishes a patient visit and begins driving to the next patient’s home.
On the way, the nurse causes a serious accident.
The injured party may pursue the driver.
But depending on the circumstances, they may also allege that the home health agency bears responsibility because the employee was acting within the scope of their work.
Now the agency has an automobile liability exposure even though it doesn’t own the vehicle involved in the accident.
That’s the type of gap Hired and Non-Owned Auto Liability is intended to help address.
Hired and Non-Owned Auto Generally Protects the Business, Not the Employee’s Car
This distinction is important.
Hired and Non-Owned Auto Liability is generally liability coverage for the business.
It should not be confused with physical damage coverage for an employee’s personal automobile.
For example, if an employee causes an accident while driving their own car for agency business, Hired and Non-Owned Auto coverage may potentially respond to liability asserted against the agency, subject to the policy’s terms and the circumstances of the claim.
That doesn’t mean the agency’s coverage automatically pays to repair the employee’s damaged car.
Those are different exposures.
Whenever you’re reviewing Hired and Non-Owned Auto coverage, you want to understand who is insured, what liability is covered, what vehicles or uses qualify, and what the policy does not cover.
HNOA Is Not a Substitute for Employee Auto Insurance
Hired and Non-Owned Auto coverage is not a reason to treat an employee’s personal auto coverage as unimportant.
Employees who use their own vehicles for patient visits or agency errands should still maintain their own personal auto insurance. Depending on the policy, personal coverage may be the first coverage considered for the driver and the vehicle, while the agency’s HNOA coverage may be relevant to liability directed at the business.
An agency also should not assume that every personal auto policy handles regular business use in the same way. Employees should be encouraged to discuss their use of a vehicle with their own auto insurer, especially when business driving is frequent or the employee regularly transports supplies or equipment.
The point is not to make employees insurance experts. It is to make sure the agency has clear expectations and that its own insurance program has been reviewed for the way its staff actually travel.
Why Is This Particularly Important for Home Health Agencies?
Driving isn’t incidental to many home health businesses.
It’s built into the operating model.
Your clinicians may spend a significant portion of every workday traveling throughout the community.
One nurse might visit five or six homes.
A therapist might cover a large geographic territory.
An aide may travel between several patients during a shift.
Multiply that by dozens of employees over hundreds of working days, and you begin to see the exposure.
The agency may own zero vehicles while still having employees driving thousands of miles every month on its behalf.
That’s why I wouldn’t evaluate a home health agency’s auto exposure by asking:
“How many vehicles does the company own?”
I’d ask:
“How much driving is being done on behalf of the company?”
That’s a much more useful risk-management question.
What About Independent Contractors?
This is another area worth discussing with your insurance advisor.
Some home health organizations use independent contractors in addition to employees.
If contractors use their own vehicles while performing services for the agency, don’t simply assume the insurance situation works exactly the same way as it does for W-2 employees.
The wording of the Hired and Non-Owned Auto coverage, the contractor relationship, the agreement between the parties, and the circumstances surrounding an accident can all matter.
If contractors are part of your business model, make sure your insurance carrier understands that.
Insurance Is Only Part of the Auto Risk
Buying Hired and Non-Owned Auto Liability coverage shouldn’t be the end of the conversation.
If employees routinely drive for work, there are some basic risk-management questions I’d want a home health agency to consider:
- Do you require employees who drive for work to maintain personal auto insurance?
- Do you establish minimum personal auto liability limits?
- Do you periodically obtain proof of insurance?
- Do you review motor vehicle records when appropriate?
- Do you have written policies addressing distracted driving and mobile phone use?
- Do employees understand expectations around safe driving between patient visits?
- Does your insurance carrier know how frequently employees drive for business?
Those procedures may be just as important as the insurance itself.
Put the Expectations in Writing
A written vehicle-use policy can help make those expectations practical instead of informal.
For example, the policy may explain which staff members are expected to drive for work, what proof of personal auto insurance is required, when documentation must be renewed, and whom employees should notify if a license is suspended, a policy is canceled, or a work-related accident occurs.
It can also set expectations for seat-belt use, distracted driving, timely accident reporting, and the use of personal vehicles to transport supplies or equipment. The right policy for one agency may not be right for another, but a clear process gives leadership a consistent way to manage a routine exposure.
If you have a human resources team, operations lead, or compliance manager, they should know how the insurance requirements and the driving policy fit together. A requirement that exists only in an onboarding packet is hard to manage years later.
What If an Employee’s Personal Auto Insurance Lapses?
Here’s another scenario worth considering.
An employee gives you proof of auto insurance when they’re hired.
Two years later, the policy lapses.
Meanwhile, that employee is still driving to patients’ homes every day.
Would your agency know?
For organizations that depend heavily on employee-owned vehicles, collecting proof of insurance once during onboarding may not be enough.
Consider establishing a process for periodically confirming that employees who drive for agency business continue to maintain the required coverage.
Again, that’s risk management, not just insurance.
How Much Hired and Non-Owned Auto Coverage Does a Home Health Agency Need?
There’s no single limit that’s appropriate for every agency.
A small organization with a handful of caregivers presents a different exposure from an agency with 100 employees driving throughout several counties every day.
When evaluating limits, consider things like:
- Number of employees and contractors who drive
- Frequency of business-related driving
- Geographic territory
- Types of trips employees make
- Contractual insurance requirements
- Severity of a potential automobile accident
- Whether an umbrella or excess liability policy sits above the Hired and Non-Owned Auto coverage
The important thing is not simply checking a box that says “Hired and Non-Owned Auto, Yes.”
You want to understand how much protection you actually have and how it interacts with the rest of your insurance program.
Questions to Bring to Your Insurance Review
A productive insurance review should go beyond asking whether HNOA is included.
Ask your advisor to walk through a few real situations from your agency: a clinician driving between patient homes, an employee making a supply run, a contractor traveling to a visit, or a staff member using a rental vehicle for a work-related trip. Then ask how the policy would be expected to respond if the agency were named in a claim.
You may also want to ask:
- Is Hired and Non-Owned Auto Liability included in our policy, or does it need to be added?
- Who qualifies as an insured under our coverage?
- Are employees, volunteers, and independent contractors treated differently?
- Are there exclusions, endorsements, or vehicle-use restrictions we should understand?
- What limits apply, and does our umbrella or excess liability coverage follow over this exposure?
- Does our carrier understand the number of people driving and the territory they cover?
Those questions do not replace a coverage review. They help ensure the review reflects the practical realities of delivering care in patients’ homes.
So, Does Your Home Health Agency Need Auto Insurance If It Doesn’t Own Any Vehicles?
If employees or others regularly use vehicles your agency doesn’t own while conducting agency business, Hired and Non-Owned Auto Liability is an exposure worth discussing with your insurance advisor.
The fact that your company owns no automobiles doesn’t mean it has no automobile liability exposure.
For many home health agencies, it’s almost the opposite.
Their business model depends on employees driving personal vehicles every single day.
So instead of asking:
“Do we own any vehicles?”
Ask:
“Who is driving on behalf of our agency, how often are they driving, and what protects the agency if there’s a serious accident?”
Those answers will tell you much more about your actual risk.
Your Insurance Should Reflect How Your Agency Actually Operates
Home health insurance shouldn’t be built from a generic checklist.
Professional liability, general liability, workers’ compensation, cyber, employment practices, automobile exposures, and other coverages should reflect what the agency actually does.
And if your operations have changed, more employees, a larger territory, increased driving, new contractors, or additional services, your insurance program should be reviewed along with them.
Good insurance doesn’t replace good risk management.
It backs it up when something goes wrong.
If you own or operate a home health agency and aren’t sure how your current insurance addresses employees driving their own vehicles for work, I’m always happy to help you take a closer look.
The goal isn’t to assume something is wrong with your current coverage.
It’s to understand what you have before you need it.
For a broader look at the coverage considerations for your practice, visit the home health care insurance page.
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Jeremy A. Jones
Content creator and writer sharing insights and stories.