📋 Baggage Claim Overview
When airlines lose, damage, or delay your baggage, they are legally liable to compensate you for your losses. Understanding your rights under the Montreal Convention (international flights) and DOT regulations (domestic flights) is critical to recovering fair compensation.
💡 Critical First Step
File a Property Irregularity Report (PIR) with the airline BEFORE leaving the airport. Failure to file promptly can forfeit your right to compensation. For damaged bags, report within 24 hours. For delayed bags, report within 21 days.
Types of Baggage Claims
👜 Lost Baggage
Bag not located within 21 days. Entitled to compensation up to liability limits for bag contents and reasonable replacement expenses.
🕑 Delayed Baggage
Bag arrives late at destination. Entitled to reimbursement for essential items purchased during delay (clothing, toiletries).
💥 Damaged Baggage
Bag or contents damaged during handling. Entitled to repair costs or depreciated replacement value. Must report within 7 days.
💳 Pilfered Contents
Items stolen from checked baggage. Claim for missing items up to liability limits. Requires proof of contents and value.
What You Can Recover
- Lost Bag Contents: Depreciated value of items in lost bag (up to liability limits)
- Essential Purchases: Reasonable expenses for clothing, toiletries during delay
- Repair/Replacement: Cost to repair damaged bag or depreciated replacement value
- Consequential Damages: In some cases, losses caused by baggage delay (e.g., missed business meeting)
⚠ Liability Limits Apply
Airlines are NOT liable for unlimited losses. Montreal Convention limits international claims to ~$1,700 per passenger. Domestic U.S. flights have a $3,800 limit. Declare excess value at check-in and pay a fee if your bag contents exceed these limits.
⚖ Legal Basis for Baggage Claims
Baggage liability rules differ based on whether your flight is domestic or international. Understanding which law applies is critical to making an effective demand.
International Flights - Montreal Convention
Montreal Convention Article 17(2) - Liability for Baggage
Airlines are liable for destruction, loss, damage, or delay of checked baggage on international flights. Maximum liability is 1,288 Special Drawing Rights (approximately $1,700 USD, fluctuates with exchange rates). Passengers must prove the damage and value of lost items.
Montreal Convention Article 31 - Notice Requirements
Passengers must file a written complaint with the airline within 7 days for damaged baggage or 21 days for delayed baggage. Failure to file within these deadlines may forfeit your claim. For lost baggage, the bag must be declared lost (typically after 21 days).
Domestic U.S. Flights - DOT Regulations
14 CFR 254.5 - Domestic Baggage Liability
For domestic flights, airlines must compensate passengers up to $3,800 per passenger for lost, damaged, or delayed baggage. Passengers can declare excess value at check-in and pay an additional fee for higher coverage. Airlines must provide notice of liability limits on tickets.
💡 Which Law Applies?
International flights (flights between different countries or with a stopover in another country) are governed by the Montreal Convention. Purely domestic flights within the United States are governed by DOT regulations. The Montreal Convention typically has lower liability limits.
Airline Exclusions
Airlines typically exclude liability for damage to the following items (check your airline's Contract of Carriage):
- Fragile items (glass, ceramics) unless in manufacturer packaging
- Perishable items (food, flowers)
- Cash, negotiable instruments, securities
- Electronics (unless declared and fee paid)
- Jewelry and valuables (should be in carry-on)
- Business documents and samples
- Keys, passports, medications (should be in carry-on)
🔍 Evidence Checklist
Strong documentation is essential for baggage claims. Airlines routinely lowball offers or deny claims based on insufficient proof. Gather this evidence immediately.
📋 Required Documents
- ✓ Property Irregularity Report (PIR)
- ✓ Boarding pass and baggage claim tag
- ✓ Flight itinerary and ticket receipt
- ✓ Photos of damaged bag (all angles)
- ✓ Written damage/loss report filed with airline
💳 Proof of Contents/Value
- ✓ Purchase receipts for items in bag
- ✓ Credit card statements showing purchases
- ✓ Photos of items before packing
- ✓ Detailed list of all bag contents
- ✓ Appraisals for high-value items
💰 Delay Expenses
- ✓ Receipts for emergency clothing purchases
- ✓ Receipts for toiletries and essentials
- ✓ Timeline of when bag was delayed/returned
- ✓ Evidence purchases were reasonable/necessary
- ✓ Delivery confirmation if bag later arrived
💬 Communications
- ✓ All emails with airline baggage office
- ✓ Phone call records (dates, times, names)
- ✓ Claim submission confirmations
- ✓ Any settlement offers from airline
- ✓ Updates on bag search status
📸 Pro Tip: Photo Everything
Before travel, photograph your packed suitcase contents, receipts, and the bag itself. This creates contemporaneous evidence of what you packed and its condition. After damage, photograph all angles of the damaged bag and contents immediately upon receipt.
📄 Sample Demand Letter
Use this template for lost, damaged, or delayed baggage claims. Adapt to your specific situation and include all supporting documentation.
[Your Name]
[Your Address]
[City, State ZIP]
[Email]
[Phone]
[Date]
[Airline Name]
Central Baggage Claims Office
[Airline Address]
RE: FORMAL DEMAND FOR LOST BAGGAGE COMPENSATION - PIR #[Number] - Flight [Flight Number], [Date]
Dear [Airline] Baggage Claims:
I am writing to demand compensation of $[Claim Amount] for my lost checked baggage on Flight [Flight Number] from [Origin] to [Destination] on [Date].
Flight and Baggage Details:
- Flight Number: [Flight Number]
- Flight Date: [Date]
- Route: [Origin] to [Destination]
- Booking Reference: [Confirmation]
- Baggage Tag Number: [Tag Number]
- Property Irregularity Report: [PIR Number]
- Filed Date: [PIR Date]
Baggage Loss Facts:
Upon arrival at [Destination] on [Date], my checked bag (baggage tag [Number]) did not appear on the carousel. I immediately reported the missing bag to your baggage service office and received Property Irregularity Report #[PIR Number]. Your representative stated the bag would be located and delivered within 24-48 hours.
Despite multiple follow-up contacts on [dates], [Airline Name] has been unable to locate my baggage. It has now been [Number] days since the bag was lost, well past the 21-day threshold after which baggage is typically declared permanently lost.
Contents and Value:
My lost bag contained the following items with an estimated total value of $[Total Value]:
[Detailed itemized list with values - example:]
- 1 Samsonite suitcase (3 years old, original cost $250, depreciated value $150)
- 3 dress shirts, Hugo Boss (receipts attached, value $360)
- 2 pairs dress pants, Brooks Brothers (receipts attached, value $280)
- 1 laptop charger and accessories (Apple, value $120)
- Toiletries and cosmetics (estimated value $85)
- Prescription medications (replacement cost $150)
- [Continue with all items...]
I have enclosed receipts, credit card statements, and photographs documenting these items and their value.
Legal Basis for Claim:
[For international flights:] This was an international flight governed by the Montreal Convention, which establishes airline liability for lost baggage under Article 17(2). The Convention provides for compensation up to 1,288 Special Drawing Rights (approximately $1,700 USD) per passenger for lost baggage.
[For domestic flights:] This was a domestic U.S. flight governed by 14 CFR 254.5, which requires airlines to compensate passengers up to $3,800 per passenger for lost baggage.
I filed my Property Irregularity Report immediately upon discovering the loss, complying with all notice requirements. [Airline Name] is therefore liable for the value of my lost baggage contents up to the applicable liability limit.
Demand for Compensation:
I hereby demand payment of $[Claim Amount], representing the depreciated replacement value of my lost baggage contents. This amount is within the [Montreal Convention/DOT] liability limits.
Please remit payment within 30 days of the date of this letter. Payment should be made by check payable to [Your Name] and mailed to the address above.
Consequences of Non-Compliance:
If [Airline Name] fails to provide fair compensation within 30 days, I will pursue the following remedies:
- File a formal complaint with the U.S. Department of Transportation Aviation Consumer Protection Division
- Pursue small claims court action to recover the full claim amount plus court costs and interest
- File a complaint with state consumer protection agencies
- [For international flights: Pursue arbitration or litigation under the Montreal Convention]
Documentation Enclosed:
- Property Irregularity Report #[PIR Number]
- Boarding pass and baggage claim tag
- Flight itinerary and ticket receipt
- Itemized list of lost baggage contents with values
- Purchase receipts and credit card statements
- Photos of items (taken before travel)
- Records of communications with baggage office
I expect prompt resolution of this claim in accordance with [Montreal Convention/DOT] requirements. Please confirm receipt of this demand letter and provide a timeline for claim processing.
Sincerely,
[Your Signature]
[Your Typed Name]
🚀 When to Hire an Attorney
Most baggage claims under $1,000 can be resolved directly with the airline. However, legal representation makes sense in certain situations where the claim is complex or the airline denies liability.
📝 Handle Yourself
DIY approach works if:
- Claim value under $1,000
- Clear case of airline fault
- You filed PIR immediately
- You have receipts/proof of contents
- Airline has not denied claim yet
💼 Hire Attorney
Get legal help if:
- Claim value over $2,000
- Airline denied claim or offered lowball settlement
- International flight with Montreal Convention issues
- High-value items (need to exceed liability limits)
- Consequential damages (missed event, business loss)
- Multiple bags lost or complex fact pattern
Professional Demand Letter Service
I draft attorney demand letters for airline baggage claims for $575 flat fee. Service includes legal analysis, itemized claim calculation, and follow-up correspondence.
Schedule Consultation - $125❓ FAQ
File a report with the airline BEFORE leaving the airport. For damaged baggage, file within 24 hours (some airlines require immediate reporting). For delayed baggage, file within 21 days. Get a Property Irregularity Report (PIR) number and keep all receipts for essential purchases. Take photos of damage immediately.
Under the Montreal Convention, airlines are liable up to approximately 1,288 SDRs (about $1,700 USD) per passenger for international flights. Domestic U.S. flights are governed by DOT rules with a maximum liability of $3,800 per passenger. Airlines may pay less if you cannot prove the value of contents.
The Montreal Convention governs liability for international air travel, including lost, damaged, or delayed baggage. It sets maximum liability limits, establishes filing deadlines, and requires airlines to compensate passengers for reasonable expenses caused by baggage issues. It applies to flights between different countries or flights with a stop in another country.
Yes, but airlines exclude certain high-value items from coverage including jewelry, electronics, cash, important documents, and fragile items. You should carry valuables in carry-on luggage. Airlines require proof of ownership and value for claimed items, such as receipts, photos, or purchase records.
Airlines typically search for delayed baggage for 21 days. If not located within 21 days, the bag is usually declared lost and you can file a lost baggage claim. During the delay, airlines should reimburse reasonable expenses for essential items like clothing and toiletries (keep all receipts).
Related Resources
Disclaimer: This guide provides general information about airline baggage claims and is not legal advice. Baggage liability law involves international treaties (Montreal Convention), federal regulations, and airline-specific contracts that vary by situation. Consult with a licensed attorney for advice specific to your circumstances. I am Sergei Tokmakov, a California attorney (State Bar #279869), and I provide this information for educational purposes only.