My drone just kept going. I was mashing the “Return to Home” button, but it drifted sideways, disconnected, and smashed right into the windshield of a parked BMW M5. The owner came running out. The windshield is shattered, the hood is dented, and he’s talking about “diminished value.”
Key Takeaways
- Strict Liability: In most cases, you are strictly liable for damage your drone causes, even if it was a software glitch and not “your fault.”
- Hull Insurance vs. Liability: “Hull” insurance pays for your drone. “Liability” insurance pays for his BMW. You need both.
- Diminished Value: Luxury car owners often sue for the lost resale value of the car after a repair. Standard liability policies cover this, but it eats up your limit fast.
- The “Electronic Malfunction” Defense: Insurance covers pilot error AND equipment failure. Don’t lie and say you crashed it if it was a flyaway. The logs will tell the truth.
The “Why” (The Trap): “Hardware Failure”
Some cheap policies exclude “Mechanical or Electrical Breakdown.”
This usually means they won’t pay to fix your drone if it just falls out of the sky.
However, for Liability (the BMW), they should pay regardless of why it crashed, unless you were doing something illegal (like flying BVLOS – Beyond Visual Line of Sight).
Trap: If you admit to flying BVLOS (because it flew away), the insurer can deny the claim for “Illegal Operations.”
The Investigation: “I Called Them”
I looked at how insurers handle “Not My Fault” crashes.
1. DJI Care Refresh (Warranty)
- Role: Pays for your drone.
- BMW Coverage: $0. DJI Care is NOT liability insurance. It replaces the drone, but leaves you on the hook for the $4,000 BMW repair.
2. SkyWatch
- Role: Pays for the BMW.
- Coverage: Property Damage Liability.
- My Analysis: They requested the flight logs. As long as I wasn’t flying 2 miles away (BVLOS), they paid the car repair.
3. Homeowners Insurance
- Role: Might cover the liability if it was purely recreational (not a paid job).
- Trap: If I had any YouTube channel where I monetize flights, they might argue “Commercial Use” and deny it.
Comparison Table: Flyaway Coverage
| Damage Type | DJI Care Refresh | Commercial Drone Liability |
| Broken Drone | Covered (Small fee) | Covered (If Hull added) |
| Broken BMW | Denied | Covered |
| Lost Resale Value | Denied | Covered |
Step-by-Step Action Plan
- Exchange Info: Treat it like a car crash. Give the BMW owner your name and insurance policy number.
- Export Flight Logs: Immediately sync your controller and export the DAT files. This proves why it flew away (compass error, GPS loss).
- Recover the Drone: If possible, you need the drone serial number for the hull claim. If it’s lost, you need the “Flyaway” coverage from DJI or your insurer.
- File Liability Claim First: The BMW is the priority. Your drone is cheap compared to the lawsuit.
FAQ
Q: What if I modified the firmware?
A: That voids the warranty and potentially the insurance. If you “hacked” the drone to fly higher/farther, insurance can deny coverage for “Unapproved Modifications.”
Q: Can I claim the drone on my credit card?
A: Sometimes “Purchase Protection” covers theft/loss in the first 90 days. Check your Amex/Visa terms.
[IMAGE: Screenshot of flight log showing “Compass Error – Switch to ATTI Mode” right before a crash.]