Is the Airline Required to Compensate Me if My Baggage is Lost or Damaged?
Yes. However, the compensation that the airline owes you will vary depending on whether you were a passenger on a domestic or international flight.
What if My Baggage was Lost or Damaged on a Domestic Flight?
Generally, an airline can limit the amount that it will compensate for lost or damaged baggage to $2,500 per passenger. If the value of the items in your baggage exceeds $2,500, you can declare the higher value of your baggage at check-in, up to the airline¿s maximum limit. The airline will charge you a fee based on a percentage of the declared value of your baggage and compensate you if it¿s lost.
What if My Baggage was Lost or Damaged on an International Flight?
Compensation for lost or damaged baggage on an international flight will be much less than what you would recover on a domestic flight. Under the provisions of the Warsaw Convention, compensation for baggage lost or damaged on international flights are calculated purely based on the weight of the baggage; each passenger may be compensated $9.07 per pound. If your bags were not weighed at check-in, the airline will assume that your bag weighed 70 pounds and will reimburse you accordingly. If your unchecked baggage is lost or damaged on an international flight, you are entitled to a flat award of $400. However, an airline can avoid any liability for lost or damaged baggage if it can show that the damage was caused by pilot error and that the airline did everything it could to avoid the damage.
Do I Need a Lawyer for my Lost Baggage Problem?
If you feel that the airline has not provided you with adequate compensation for damages to your baggage or a satisfactory response to your demands, speak to an experienced lawyer. An attorney will inform you of your rights and ensure that you receive the compensation that you are entitled to. |
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