Using a Vehicle for Business Under a Personal Auto Policy

Published .

The general concept

Personal auto insurance is priced and written for disclosed personal use. Deliveries, rideshare trips, transporting passengers or property for a fee, and other business driving can trigger policy exclusions or leave important coverages uncertain. A driver should disclose the actual use and obtain any required commercial, business-use, or platform coverage before relying on the personal policy.

How Maryland applies it

Maryland’s compulsory-insurance law limits an insurer’s ability to use a business-use exclusion to eliminate the statutory minimum liability protection. In Salamon, the Court of Appeals held that a delivery exclusion could not erase the minimum liability coverage required by law when the insured was delivering pizzas. The court did not decide whether the insurer’s responsibility extended beyond those statutory minimums. Nor does that decision establish that collision, comprehensive, PIP, MedPay, or umbrella coverage applies during business use; those parts of the policy and their exclusions must be analyzed separately. Rideshare and delivery platforms may supply contingent or phase-based coverage, with different rules while the app is off, available, en route, or carrying a customer or order. Report the claim promptly and disclose the precise activity, app status, passengers or cargo, and who owned the vehicle.

Rideshare and delivery coverage can change by trip stage

A driver’s coverage may depend on what the driver was doing at the moment of the crash. Rideshare and delivery arrangements commonly distinguish between having the app off, waiting for a request, accepting a request and traveling to a pickup, and carrying a passenger or delivery. A personal policy may exclude some paid transportation or delivery activity, while a platform policy may provide only contingent liability coverage during particular periods. Platform coverage does not necessarily repair the driver’s own vehicle, replace lost income, or provide the same protection in every phase. The app’s status, whether a trip or order had been accepted, and whether a passenger or item was in the vehicle can therefore be important evidence.

What to disclose and what to compare

Tell the insurer how the vehicle is actually used before a loss and ask whether the policy requires a business-use or rideshare endorsement, a commercial auto policy, or other coverage. Compare liability limits with the platform policy, but also review collision and comprehensive coverage, deductibles, permissive-driver provisions, vehicle ownership, delivery or livery exclusions, and any required notice of a change in use. A company’s policy may cover the business or employer without covering the driver’s personal vehicle damage. After a crash, preserve app records, trip or delivery receipts, dispatch messages, and the policy forms in effect on the accident date. Salamon establishes that a business-use exclusion cannot defeat Maryland’s required minimum liability protection in the circumstances addressed there; it does not establish full policy coverage for every commercial use or every coverage part.

Related Maryland Cases and Authorities

Md. Code, Ins. § 19-504; Md. Code, Transp. § 17-103; Salamon v. Progressive Classic Insurance Co., 379 Md. 301, 841 A.2d 858 (2004); Md. Code, Ins. § 19-520 (peer-to-peer car sharing).

Contact The Belsky Law Firm