Can a Commercial Auto Claimant Require the Insured to Pay for Gas and Time?

• By: The Big "I" Virtual University
• July 31, 2026

Q: Can a claimant in a commercial auto claim require the insured to pay for gas and time spent to drive his damaged auto to a body shop for an estimate?

Response 1: Let’s say the invoice charges for 6 hours of driving and includes tolls. Why does the van need to be driven 6 hours—or perhaps 3 hours there and 3 hours back—for an estimate? Why would the carrier pay this when they can hire an independent field adjuster to make an inspection, likely for cheaper?

The only thing that gives me pause on this being a definite “no” is that I have handled many a semi-truck claim, and there are instances when the truck had to be towed 200 miles away. It was a cost the insurer had to bear. Was this a specialty van that needs to be repaired hours away? But if so, I question how bad the damage is if the van can be driven.  

In these situations, professional adjusting experience really matters. An experienced adjuster would recognize several concerns in the estimate that should be addressed.

Response 2: The claimant can ask for anything their little heart desires. I assume you’re asking about an auto property damage claim. If so, simply asking might not trigger a response from your client’s auto insurance company.

Generally speaking, the auto property damage liability coverage responds to legal liability, usually interpreted to mean a lawsuit or threat of a lawsuit. Insurance companies frequently settle these claims without requiring that there actually be a lawsuit, but they usually pay the amount that a court would usually award. Whether the expenses you’ve described are usually included in auto property damage awards in your state is a legal question. Your adjuster can tell you whether claims like that will be paid without a court award.

Response 3: No, yes or maybe. Take your pick. Since the claimant and the insured are different people,  this suggests it is a liability claim. Calling the potentially liable person the insured suggests this is an insurance situation, and that the claim for the third-party damages is being submitted to insurance.

A claimant cannot require an insured to pay anything, but a court decision on liability, or an agreement between the parties to settle a claim, may obligate such payment from either the insured or the insured’s insurance carrier.

An insured that might be liable for such a loss may have a deductible to pay, which the insurer charges to the insured. The cost for repairs is usually handled through the insurer to the claimant.

Costs related to the claim, including mileage costs for getting repair estimates or the actual repairs, are often covered by the insurer for the party that is liable for the damages. In most policies, those components of the claim are part of the basic contracts.

This question was originally submitted by an agent through the Big “I” Virtual University’s (VU) Ask an Expert service, with responses curated from multiple VU faculty members. Answers to other coverage questions are available on the VU website. If you need help accessing the website, request login information.

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