You arrived at your destination, but your luggage didn’t. Whether your bags were delayed, damaged, or permanently lost, dealing with airlines can be frustrating. The good news is that airlines are legally required to compensate you for lost or damaged baggage—though getting fair compensation often requires knowing your rights and being persistent.
Quick Answer
Airlines are legally liable for lost, damaged, or delayed baggage. For domestic U.S. flights, airlines must compensate you up to approximately $3,800. For international flights, the Montreal Convention limits liability to approximately $1,700 (amount adjusts periodically). You must file a claim promptly and can sue in small claims court if the airline doesn’t pay fair compensation.
Your Rights for Domestic Flights
Department of Transportation Rules
For flights within the United States, DOT regulations require airlines to:
- Compensate for provable losses up to the current liability limit (approximately $3,800, adjusted for inflation)
- Not limit liability below the DOT maximum
- Reimburse for reasonable expenses for delayed bags
What Airlines Must Pay For
| Situation | Compensation |
|---|---|
| Lost baggage | Depreciated value of contents, up to liability limit |
| Damaged baggage | Repair cost or depreciated value |
| Delayed baggage | Reasonable expenses for necessities (toiletries, clothes) |
Important: Depreciated Value
Airlines pay depreciated value, not replacement cost. A 3-year-old laptop that cost $1,500 might only be valued at $500-$800 for claim purposes.
Your Rights for International Flights
The Montreal Convention
For international flights, the Montreal Convention governs baggage claims:
- Maximum liability: Approximately 1,288 Special Drawing Rights (about $1,700 USD, fluctuates with exchange rates)
- This is a limit—airlines may pay less if your losses are less
- Strict filing deadlines apply
Filing Deadlines for International Flights
- Damaged baggage: Must report within 7 days of receiving the bag
- Delayed baggage: Must report within 21 days of receiving the bag
- Lost baggage: File as soon as possible; sue within 2 years
Missing these deadlines can bar your claim entirely.
Steps to Take
1. Report Immediately at the Airport
Before leaving the airport:
- Go to the airline’s baggage service office
- File a Property Irregularity Report (PIR)
- Get a copy of the report and a reference number
- Ask about interim expenses and reimbursement policies
2. Document Everything
- Keep your baggage claim ticket
- Take photos of any damage
- Make a detailed list of contents with values
- Save receipts for emergency purchases
- Keep all correspondence with the airline
3. File a Written Claim
Submit a formal claim including:
- Your contact information and flight details
- PIR reference number
- Detailed inventory of lost or damaged items
- Original value and purchase dates
- Receipts if available (or reasonable estimates)
- Receipts for emergency expenses
Send via certified mail or use the airline’s online claims portal.
4. Be Persistent
Airlines often:
- Offer lowball initial settlements
- Claim items are excluded
- Delay responding
Don’t accept the first offer if it’s inadequate. Negotiate.
What You Can Claim
For Lost Baggage
- Depreciated value of clothing and personal items
- Toiletries and necessities purchased
- Cost of the luggage itself
- Value of any items of particular importance
For Delayed Baggage
- Reasonable expenses for necessities while waiting
- Toiletries, underwear, essential clothing
- Keep purchases reasonable—airlines won’t pay for a shopping spree
For Damaged Baggage
- Cost to repair the luggage
- Replacement value if unrepairable
- Value of damaged contents
What Airlines Typically Exclude
Check your airline’s contract of carriage. Many exclude or limit liability for:
- Jewelry and watches
- Electronics (often limited)
- Cash and financial instruments
- Fragile items
- Perishables
- Important documents
- Medication
Tip: Keep valuables, medications, and important documents in your carry-on bag.
If the Airline Denies or Lowballs Your Claim
Escalate Within the Airline
- Ask for a supervisor or claims manager
- Reference specific DOT regulations or the Montreal Convention
- Send a formal written appeal
File a DOT Complaint
For domestic flights, file a complaint with the Department of Transportation:
- Won’t get you money directly
- May prompt airline to resolve the issue
- Creates a record of the airline’s practices
File a Credit Card Dispute
If you paid for the ticket with a credit card, some cards offer:
- Trip delay/cancellation coverage
- Baggage delay insurance
- Lost luggage reimbursement
Check your card benefits before filing.
Sue in Small Claims Court
If the airline won’t pay fairly, small claims court is often the best option:
- Filing fees are low ($30-$100 typically)
- No lawyer required
- Airlines often settle rather than send lawyers to court
- Amounts within typical limits ($5,000-$15,000 depending on state)
What to Bring to Court
- Your ticket and boarding passes
- PIR report
- Written claim and airline responses
- Inventory list with values
- Any receipts or photos
- Evidence of airline’s liability limit under DOT rules
Special Situations
Connecting Flights on Multiple Airlines
The airline that operated the final leg usually handles the claim, but you may need to work with both carriers.
Codeshare Flights
If you booked with one airline but flew on a partner carrier, your ticket will indicate which airline is responsible. You may need to file with the operating carrier.
Excess Value Declaration
Some airlines allow you to declare excess value and pay an additional fee for higher liability limits. This must be done at check-in, before a loss occurs.
Frequently Asked Questions
How long do I have to file a claim?
Domestic: Airlines set their own deadlines, typically 24 hours to 45 days. File immediately.
International: 7 days for damage, 21 days for delay, 2 years for lawsuits.
What if I don’t have receipts for my items?
Airlines may accept:
- Credit card statements
- Bank records
- Reasonable estimates for common items
- Photos showing you owned the items
Can I claim for sentimental value?
Generally no. Airlines pay fair market value, not emotional or sentimental value. Irreplaceable items should be in your carry-on.
What about my bag if TSA opened and damaged it?
If TSA (not the airline) damaged your bag during security screening, file a claim with TSA directly at claims.tsa.dhs.gov. Different rules apply.
Do I need a lawyer to sue an airline?
For small claims court, no lawyer is needed. For larger claims or complex cases (international conventions, multiple carriers), an attorney may be helpful.
When to Contact a Lawyer
Consider consulting an attorney if:
- Losses exceed small claims limits
- Your international flight claim is being disputed
- The airline is hiding behind contract exclusions
- You suffered significant consequential damages
- You need help interpreting the Montreal Convention
For most lost luggage claims, small claims court is the most practical remedy.
Last updated: January 2025
This article provides general information about suing airlines for lost baggage. Rules differ for domestic and international flights. Consult with a qualified attorney for advice specific to your situation.
