The recession may have finished as a matter of technical accounting, but the general economic conditions for business remain very difficult. Whether you are a start-up or continue as a small business owner, there’s a temptation to cut the business overheads to the bone. This can be a false economy. Let’s start with a little law. If you are trading as an individual or a partnership, you are personally liable on all the contracts you make and for any losses arising due to your negligence (or criminal activity). Although there are slight variations in the law from state-to-state, the general rule about an LLC is that you are personally liable in tort and for any crimes you may commit, but there’s a shield to prevent you from incurring liability in contract. The general rule for a full corporation is you avoid personal liability under both contract and tort, although you can still be sued if members of the company believe you have breached your fiduciary duties as a director or senior officer. The other piece of law you need to know is that either you or the company will be held vicariously liable for whatever an employee does during the course of the employment. So if an employee is driving a vehicle owned by the business or driving his or her own vehicle on company business, either you or the company will be liable if the employee drives negligently and causes loss to a third party.

Many people believe it will be enough to rely on a Business Owners Policy (BOP). Indeed, many insurers and their agents sell these policies as a one-stop insurance solution. Sadly, this is a dangerous assumption. In particular, many BOPs limit or exclude losses caused when vehicles are damaged or damage third parties or their property. This is something you should discuss with your insurance advisor. For example, although the business owner may find some third party losses covered when he or she is driving, vicarious liability is almost always excluded. This means you could find yourself personally liable for both the medical expenses of anyone injured and all the consequential losses arising from the accident. Worse, if you or an employee was driving a vehicle owned by the business, BOPs decline cover for repair or replacement if the vehicle if damaged. The same applies if the vehicle is stolen or vandalized. You will only be able to recover these losses if you have a commercial auto insurance policy in place. It gets worse because, even if the employee is driving his or her own vehicle, it’s at your risk. Similarly, BOPs usually exclude cover if you rent a vehicle for your own or an employee’s use.

To protect yourself or the general financial health of your company, you either need to go through the BOP and agree endorsements with the insurer to cover all the obvious areas of risk, or you should buy a full commercial car insurance policy covering third party, comprehensive and hired vehicle losses. It’s a false economy to rely on a BOP when even a small claim may be the difference between continuing in business and bankruptcy. Buying cheap car insurance should not be an option in these difficult economic times.