Unlisted Drivers Are Uninsured Drivers
Quick Note:
This post is geared toward non-fleet trucking operations with fewer than 10 power units.
If you're running a small operation or just getting started, this one's for you. Larger fleets may have different policy structures and underwriting requirements.
Letting someone drive your truck before they’re officially listed on your insurance policy might feel like a small risk. Maybe it’s just a short run. Maybe he’s leased-on. Maybe you’re planning to call your agent after the weekend.
But in commercial trucking, none of that holds up.
If the driver isn’t listed, they’re not covered. That’s the part most carriers don’t find out until it’s too late.
There’s No Permissive Use in Commercial Trucking
On a personal auto policy, permissive use means someone not named can drive your vehicle once in a while and still be covered as long as you gave them permission.
That does not apply to commercial trucking. Your policy is rated on known risk, and that includes exactly who is behind the wheel.
If the driver is not listed and approved, they are not covered. There is no grace period, no occasional use exception, and no “we’ll add him later.”
This is one of the biggest differences between personal auto insurance and commercial trucking insurance, and it is why adding drivers up front matters so much.
Even Owner-Operators and 1099s Need to Be Listed
This is where fleets get tripped up.
We hear it all the time.
“He’s not our employee.”
“He has his own coverage.”
“He’s just helping out this week.”
Doesn’t matter. If a driver is operating under your authority, hauling your freight, or moving equipment around the yard, your insurance carrier expects that driver to be disclosed and approved.
Carriers underwrite based on known risk. When you hand over the keys without clearing that driver, you’ve changed the risk profile. And if a loss happens, you’ve also changed the outcome.
We’ve seen valid policies deny claims because the driver wasn’t listed. That includes leased-on owner-operators. The carrier’s stance is simple. You didn’t tell us who was driving. That’s a different risk than the one we agreed to cover.
Set Up a Clean Driver Onboarding Process
This doesn’t have to be complicated. But it does need to be consistent.
Here’s what every motor carrier should be doing before letting any new driver operate their equipment. This list is separate from DOT driver file requirements. It’s about protecting your policy and your premium.
Before They Drive:.
Collect the license and date of birth
Pull an MVR
Ask about actual driving CDL experience and previous equipment/cargo commodities hauled
Send the info to your agent to pre-screen the driver
Wait for written confirmation from the carrier before dispatching them
Document the date the driver was approved
Keep your active driver list updated at all times
If you build this into your hiring process, you reduce your exposure. You also avoid surprises at renewal time.
In a perfect world, there’d be no claims. But in trucking, the one time you don’t add a driver is usually the time you’ll wish you had.
What Happens If You Don’t
Let’s walk through the real risk.
A driver gets in your truck and causes a claim. You hadn’t added him to the policy yet. You call your agent and hope for the best.
If the carrier denies the claim, you’re on the hook for everything. That can look like:
Auto liability: Most trucking policies carry at least $1,000,000 in liability limits. That means if your unlisted driver causes a serious wreck, you could be personally responsible for injury and property claims that reach into the millions. And that figure does not include the cost of legal defense.
Cargo: Even on the low end, you’re looking at $100,000 minimum coverage requirements. If the load is damaged or destroyed, that bill comes to you out of pocket.
Physical damage: Your tractor and trailer are not cheap to fix or replace. A single repair can run into the tens of thousands, and a total loss could wipe out the value of your equipment completely. If the driver isn’t listed, you eat the cost.
Business risk: Denied claims and forced premium hikes hurt your long-term insurability. Even if you survive the loss, some carriers will not touch your account at renewal, and the ones who do will charge accordingly.
And if the claim lands in court? That is where it gets even worse.
A trial lawyer will crucify a motor carrier that put a driver on the road without listing them on the insurance policy. They will argue you ignored your own responsibility to screen and qualify the driver. Expect questions like:
Why wasn’t this driver disclosed to your insurance company?
Did you know about their driving record before you hired them?
What is your process for screening and approving drivers?
Juries don’t like the sound of “we planned to add him later.” It makes you look reckless, even if the accident wasn’t entirely your fault. That opens the door for nuclear verdicts, and once the attorney ties it to negligent hiring or poor safety practices, your operation is an easy target.
Even if they don’t deny the claim, you still get hit.
The carrier can and often will force that driver onto your policy. If he has violations, recent accidents, or a weak driving history, you’re stuck with the premium increase for the rest of the policy term.
Firing him doesn’t change that. First you deal with the claim, which will most likely result in renewal increases. Then you may have to deal with a mid-term premium hike.
All from a driver who may not even work for you anymore.
The Bottom Line
If they’re going to drive your truck, they need to be approved first. That includes company drivers, leased-on owner-operators, and 1099s.
This is not just about coverage. It’s about controlling your cost, avoiding carrier frustration, and protecting your long-term insurability.
One bad decision can hurt you all year.
Need help reviewing your driver onboarding process? We’ll help you clean it up before your next claim or renewal hits.
Email us at info@trucku.biz and we’ll walk it with you.
