Can You Fly While a Claim is Open?

Quick TL;DR

• Short answer: maybe, but do not assume it. Whether you can fly while a claim is open depends on your policy language, the nature of the claim, and what your insurer or broker instructs.

• Worst outcome to avoid: flying and then having the insurer say you interfered with evidence, aggravated loss, or violated a condition of the policy and deny the claim.

• Best practice: stop, document, notify, and get written permission from your broker or claims handler before flying again.

Can You Fly While a Claim is Open?

Executive summary

After an incident many pilots want to get back in the air immediately. That makes sense. But insurers treat post-loss behavior as part of the claim file. Flying before the insurer closes investigation can create procedural excuses to deny or reduce payment. 

This article gives you a realistic risk-based rule set to decide when it is safe to fly, how to get permission, what to document, sample wording to email your broker, and exactly what to do if the insurer forbids flying. Read this before you take off again.

The three reasons insurers care if you fly while a claim is open

1. Evidence preservation

   • Adjusters need original telemetry, SD cards, photos, and the crashed wreckage to determine cause. Flying can overwrite logs, change environmental conditions, or be interpreted as tampering. If you modify evidence, the insurer can deny based on failure to cooperate.

2. Increased exposure and aggravated loss

   • If you fly other aircraft during the claim period and one of them is involved in a new loss, insurer may consider it part of a pattern of risky operations. They may increase reserves, delay payments, or decline coverage if policy conditions were breached.

3. Regulatory and subrogation risk

   • If FAA enforcement or criminal investigation is ongoing, insurers often ask you not to fly until the investigation resolves. Flying might interfere with regulators, complicate subrogation, or be seen as willful misconduct.

Those are real-world, practical reasons adjusters use to question claims. Do not be surprised.

Read: Repair vs Total Loss - How Insurers Decide

When you can usually fly again - safe scenarios

These are lower-risk situations where flying after a claim is often allowed, provided you notify the insurer and follow rules.

• Minor hull-only loss fixed immediately

  • If the damaged drone is repaired, telemetry and SD cards preserved, and the insurer has acknowledged the repair plan, you can often resume flying.

• Non-covered drone or separate airframe

  • If the claim relates to Drone A and you operate Drone B that was never involved, insurers often allow Drone B to fly, but check named-pilot and fleet language.

• Insurer gives written permission

  • When the adjuster or broker writes that "operations may resume" subject to conditions, you are safe to fly under those conditions.

• No ongoing investigation or regulatory interest

  • If the insurer and regulator both have closed their inquiries and you preserved the evidence, restrictions are usually lifted.

Important: Written confirmation matters. Verbal OK is weak. Get the permission email or a note in the claim file.

When you must not fly until cleared

Avoid flying if any of these apply:

• Claim involves a third-party liability investigation where fault is disputed. Flying may be seen as affecting witnesses or the scene.

• Insurer explicitly requests a preservation hold pending forensic analysis. This is common in complex crashes or unexplained failures.

• FAA or other regulator opened an investigation. Regulators can subpoena telemetry and evidence. Interfering can be a criminal risk.

• You were cited for a regulatory violation at the time of the loss. Insurers treat this as a red flag and may require remediation before resuming operations.

• Named pilot issues where the pilot who flew the incident is under review. If the policy limits pilots, adding or changing pilots during a live claim can cause coverage questions.

If any of the above exist, you need written, specific permission to fly again.

Practical step-by-step decision flow - what to do after an incident

1. Stop flying the involved drone immediately. Preserve SD cards and telemetry.

2. Preserve the scene and all evidence. Take photos, bag physical items, and label originals.

3. Notify broker and insurer within policy notice period and state facts plainly. Ask whether continued operations are allowed.

4. If insurer requests no flying, comply. Ask for the reason and estimated review timeline. Get everything in writing.

5. If insurer gives conditional permission, follow conditions exactly. Typical conditions: use a different tail number, alternate pilots, follow specific maintenance checks, keep incremental telemetry exports, or limit operations to a certain geography.

6. Document any flying you do while claim open. Keep logs, photos of preflight checks, and named pilots for each sortie. Email them to the adjuster immediately.

7. If insurer denies permission, escalate through your broker and request a formal explanation and a path to remediation. Do not fly until you have a written resolution.

Follow this flow and you protect both the claim and your operation.

What to say in the email to your broker or claims handler

Use this copy-paste template to ask for permission. Keep it short and factual.

Subject: Request to Resume Operations Pending Claim # [xxxx]

Hi [Broker/Adjuster name],

Claim #[xxxx] was opened on [date] for a [make/model, serial] crash at [location]. We have preserved SD cards and exported raw telemetry file telemetry_[timestamp].raw. We have not altered the aircraft other than moving it to secure storage.

Please advise whether we may resume operations with:

- Aircraft: [make/model serial of other aircraft you intend to use]

- Pilot(s): [names and Part 107 numbers]

- Operational limits requested: [VLOS only, no night ops, no BVLOS, specific counties]

If you require additional documentation or conditions prior to resuming operations, please list them and provide an estimated review timeline.

Regards,

[Name, company, phone]

Get the response in writing. If broker says “OK” on the phone, reply to that email summarizing the conversation and request written confirmation.

How to document flights while a claim is open

If you receive permission to fly, you must create a meticulous audit trail. Do this for every sortie:

• Preflight checklist signed and timestamped.

• Pilot log and certificate attached.

• Telemetry export immediately after the flight, saved in original format and hashed if possible.

• Photos of takeoff and landing areas.

• Flight purpose and client or internal job identifier.

• Email the adjuster a summary with attachments within 24 hours.

Treat these records as insurance currency. Poor documentation is the fastest way to lose coverage.

Examples - allowed vs forbidden in practice

Allowed example

• Scenario: Minor crash destroyed a prop and gimbal on Drone A. You preserved evidence and sent docs. Insurer reviewed telemetry and replied by email that Drone B may resume operations for inspected jobs, subject to daily telemetry uploads. You fly Drone B, export logs each day, and email them. Claim proceeds in parallel and payout occurs once repair bills are submitted.

Forbidden example

• Scenario: Drone A crashed into a car and an FAA investigation is pending. You fly other drones without notifying the adjuster. Insurer later denies the claim citing failure to cooperate and potential evidence tampering. You are left defending a denial and regulatory consequences.

Do not be the forbidden example.

Commercial and contractual traps to watch

• Client COIs and contracts. Some clients require that no further operations occur until a claim is closed. Check your contract.

• Venue permits. If a venue issued a permit based on the original aircraft or risk profile, flying different equipment without re-permission can violate local rules and the venue’s requirements.

• Named pilot policies. Adding a new pilot while a claim is live may cause the insurer to challenge whether the new pilot is covered under the same policy terms.

Always check contracts before resuming operational work.

If the insurer refuses permission - your options

1. Ask for written denial and the exact clause cited. You need the reason on the record.

2. Propose remediation steps such as second-party inspection, additional training, or equipment checks in exchange for conditional permission.

3. Escalate to broker for advocacy. Brokers can often negotiate specific conditions that allow operations to resume.

4. If necessary, seek a short-term one-day policy from an on-demand provider for specific jobs, provided the on-demand insurer will not rely on the open claim to deny coverage. Disclose the open claim when requested.

5. Document business impact and ask insurer to provide expected review timeline. If they unreasonably delay, consider regulator escalation as a last resort.

Note: Never fly clandestinely after a written refusal. That makes claims fights far worse.

Sample conditional permission clause to request

Ask your broker to add this as a written condition if they are willing.

"Insurer permits operation of aircraft [make/model serial] during the pendency of Claim #[xxxx] provided that: (1) telemetry is exported and submitted within 24 hours of each sortie, (2) flights are limited to VLOS in non-populated areas, (3) pilot log and preflight checklist are submitted for each sortie, and (4) any new incident is reported immediately. This permission does not imply coverage for any new or unrelated loss."

Having a clause like this in email form protects you and clarifies limits.

Final advice

Do not be cavalier. Flying while a claim is open is a risk management problem, not a bravado exercise. If you want to keep your claims clean, do three things every time: preserve evidence, ask your broker in writing, and document every flight until the file closes. If insurer says no, escalate through your broker and offer sensible remediation steps. Flying without permission is how operators lose both claims and credibility.

Quick checklist to copy into your kit

• Pause operations of the involved aircraft.

• Preserve SD cards and telemetry.

• Email broker/adjuster using the sample request above.

• If permission granted, follow all conditional items and submit telemetry within 24 hours of each sortie.

• If permission denied, get denial in writing and ask for remediation path.

• Do not fly until you have written clearance.

Read: How Long Drone Insurance Claims Take (Realistic Timelines)

Author

Svetlana - I am a Drone Insurance Writer and Researcher. I write about drone risk management and insurance for US pilots. Not a licensed broker. For policy advices contact a licensed insurance professional.